Terms and Conditions

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Effective date: April 14th, 2016

Welcome to InPvP Network. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@inpvp.net.

These Terms of Use (the “Terms”) are a binding contract between you and InPvP, LLC. (“Company,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the inpvp.net website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

InPvP, LLC. takes the privacy of its users very seriously. For the current InPvP, LLC. Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@inpvp.net.

What are the basics of using InPvP Network?

You may be required to sign up for an account, and select a password and user name (“Company User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

InPvP, LLC. may permit you to register for and log on to the via certain third party services, such as Xbox Live. If you log on to the Services via such third party services (such as a social network), the profile information connected to the account you use to log into the Services, including your name, may be used by InPvP, LLC. to provide and support your account. You also acknowledge and agree that InPvP, LLC. may publish information regarding your use of the Services to and in connection with any such third party services with which you use in connection with the Services. The third party’s use of your information will be subject to that service's privacy policy. Further information about linking your account and use of Third Party accounts can be found in our privacy policy.You agree that your use of any such Third Party accounts shall at all times be in compliance with such Third Party accounts’ terms and conditions.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You agree to be contacted via email, SMS and text messaging by us or by other Service users, including push notifications regarding our Services, our website (provided, however, that you understand all SMS and text messages you receive through the Service are sent to you by other users and not by InPvP, LLC.).

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

    (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including InPvP, LLC.);
    (b) Violates any law or regulation;
    (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
    (d) Jeopardizes the security of your InPvP, LLC. account or anyone else’s (such as allowing someone else to log in to the Services as you);
    (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
    (f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
    (g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
    (h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
    (i) Copies or stores any significant portion of the Content;
    (j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in InPvP Network?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including InPvP, LLC.) rights.

You understand that InPvP, LLC. owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do I have to grant any licenses to InPvP, LLC. or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant InPvP, LLC. a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal InPvP, LLC. account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant InPvP, LLC. the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a “Limited Audience User Submission”), then you grant InPvP, LLC. the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant InPvP, LLC. the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all InPvP, LLC. users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with InPvP, LLC. business for any purpose, provided that InPvP, LLC. will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your InPvP, LLC. account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from InPvP, LLC.’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that InPvP, LLC., in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like InPvP, LLC., being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by InPvP, LLC.. When you access third party websites or use third party services, you accept that there are risks in doing so, and that InPvP, LLC. is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

InPvP, LLC. has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, InPvP, LLC. will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that InPvP, LLC. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that InPvP, LLC. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release InPvP, LLC., its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Will InPvP, LLC. ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does InPvP Network cost anything?

The InPvP, LLC. Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are currently using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. There may be some portion of the Services, such as in game purchases and items, that may carry a fee. Such fees shall be provided prior to purchasing such items.

What Are My Rights to My Rewards Earned and/or Purchased Through the Services?

The Services may permit the purchase of virtual currency (“Virtual Currency”) and use of that Virtual Currency to purchase virtual items or services that we expressly make available for use in the Services (“Virtual Goods”). InPvP, LLC. may additionally provide you the right to earn or unlock Virtual Goods via your use of the Services or fulfillment of other promotions (“Promotional Virtual Goods”). The purchase of Virtual Currency and Virtual Goods is limited to Account holders who are 18 years of age or older.

Virtual Currency is a category of Content, so the purchase of Virtual Currency grants you only a limited, non-transferable, non-sublicensable, revocable license to use such Virtual Currency to access and purchase Virtual Goods in conjunction with your personal, noncommercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Virtual Currency, Virtual Goods, Promotional Virtual Goods or other Content; any balance of Virtual Goods or Virtual Currency does not reflect any stored value. You agree that Virtual Currency and Virtual Goods have no monetary value and do not constitute actual currency or property of any type. Virtual Currency may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You also agree that you will only obtain Virtual Currency, Virtual Goods and/or Promotional Virtual Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized, such as through verified third party partners, like Microsoft and its Xbox Live Store. Once you acquire a license to Virtual Currency, Virtual Goods or Promotional Virtual Goods, you may not trade or transfer the Virtual Currency, Virtual Goods or Promotional Virtual Goods to another individual or account, unless such functionality is provided to you by us by way of a feature or service (such as an online transfer or exchange market), whether inside the Services or through some other method (e.g., our website). We may cancel any Virtual Currency or Virtual Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account. InPvP

During the term of your license to your Virtual Currency, you have the right to redeem your Virtual Currency for selected Virtual Goods. Pricing and availability of Virtual Currency and Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Currency and Virtual Goods.

For all Promotional Virtual Goods made available via the Services, InPvP, LLC. reserves the right to cancel, modify, revoke, or otherwise take any action with respect to such Promotional Virtual Goods at any time and for any reason. All Promotional Virtual Goods shall have no monetary value and do not constitute property of any type.

All Virtual Currency, Virtual Goods, Promotional Virtual Goods and other Content is provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Currency and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Currency or Virtual Goods once the transaction has been made.

Are There Any Special Terms that Apply to my Use of the Services to Play Minecraft?

You may be able to access Minecraft via the Services (“Minecraft”). Minecraft is owned and operated by Microsoft Corporation (“Microsoft”) and InPvP LLC’s offering of Minecraft via the Services does not imply Microsoft’s sponsorship or endorsement of the Services. In addition to these Terms, your use of Minecraft via the Services shall at all times remain subject to the applicable terms and conditions of use set forth by Microsoft.

You understand that Microsoft may offer its own form of virtual currency for use in Minecraft, including, but not limited to “Microsoft Coins” (the “Microsoft Currency”). The Microsoft Currency is maintained solely by Microsoft and Microsoft, in its sole discretion, shall establish the virtual currency amount that will be associated with the Microsoft Currency. InPvP is not associated with any Microsoft Currency and any Virtual Goods, Virtual Currency or Promotional Virtual Goods offered via the Services are offered only by InPvP, LLC and are not affiliated with Microsoft, Minecraft or the Microsoft Currency.

What if I want to stop using InPvP Network?

You’re free to do that at any time, by contacting us at support@inpvp.net, please refer to our Privacy Policy as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

InPvP, LLC. is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. InPvP, LLC. has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at support@inpvp.net – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use the InPvP, LLC. App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

    (a) Both you and InPvP, LLC. acknowledge that the Terms are concluded between you and InPvP, LLC. only, and not with Apple, and that Apple is not responsible for the Application or the Content;
    (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
    (c) You will only use the Application in connection with an Apple device that you own or control;
    (d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
    (e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
    (f) You acknowledge and agree that InPvP, LLC., and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
    (g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, InPvP, LLC., and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
    (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
    (i) Both you and InPvP, LLC. acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
    (j) Both you and InPvP, LLC. acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
What else do I need to know?

Warranty Disclaimer. InPvP, LLC. does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from InPvP, LLC. or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. InPvP, LLC. MAKES NO REPRESENTATION OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES AVAILABLE THROUGH, OR ADVERTISED ON, THE SERVICE (SUCH AS, THIRD PARTY PROMOTIONS, SWEEPSTAKES OR CONTESTS).

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL InPvP, LLC. BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO InPvP, LLC. IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. InPvP, LLC. HAS NO LIABILITY IN CONNECTION WITH ANY THIRD PARTY PRODUCTS OR SERVICES AVAILABLE THROUGH, OR ADVERTISED ON, THE SERVICE (SUCH AS, THIRD PARTY PRODUCT PROMOTIONS, SWEEPSTAKES, OR CONTESTS).

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold InPvP, LLC., its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without InPvP, LLC.’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Dispute Resolution; Choice of Law; Arbitration.

Let's Try To Work It Out. Ideally, if You have any concerns or complaint against InPvP, LLC., We would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against InPvP, LLC., You agree to try to resolve the dispute informally by contacting support@inpvp.com. InPvP, LLC. will attempt to resolve the dispute informally (and will contact You via email). If a dispute is not resolved within 15 days of submission, You may bring a formal proceeding.

Arbitration. Any disputes that are not settled informally shall be settled by binding arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement between You and InPvP, LLC.. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California using the English language. Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a court (see the “General” section below) at any time.

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by notifying InPvP, LLC. in writing within 30 days of the date that You first become bound by this Agreement. Your opt-out request must be sent to:

InPvP, LLC.
301 Arizona Ave #230
Santa Monica, CA 90401

You must include Your name and residence address, the email address You use for Your Service account, and a clear statement that You want to opt-out of this arbitration agreement.

No Class Actions. You may only resolve disputes with InPvP, LLC. on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. This paragraph will not apply to the extent prohibited by applicable law.

Going to Court. Subject to the arbitration provision above, You agree that the exclusive jurisdiction and venue for all disputes arising in connection with this Agreement shall be in the state and Federal courts located in Los Angeles, California. You hereby submit to such jurisdiction and venue.

SPECIAL TERMS REGARDING CONSUMER RESIDENTS OF THE EUROPEAN UNION

Limitation on Liability:

If you are a consumer resident in the European Union, neither InPvP LLC, or its officers, directors, employees, agents or licensor, nor you (if you are an individual customer), will be liable for any: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and InPvP LLC when this Agreement was entered or updated (as applicable).

Intellectual Property Infringement:

If you believe that any copyright you own has been infringed by content on the Service, and right is not subject to US law and jurisdiction, then you should let InPvP Network know via the procedure set in InPvP Network’s US Digital Millennium Copyright Act.

Conflicting Terms

To the extent you are a consumer resident of the European Union, the provisions of this Agreement (such as the limitation on liability and warranty disclaimers) may be limited by applicable law.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the InPvP, LLC. may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and InPvP, LLC. agree that these Terms are the complete and exclusive statement of the mutual understanding between you and InPvP, LLC., and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind InPvP, LLC. in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and InPvP, LLC. agree there are no third party beneficiaries intended under these Terms.