LAST UPDATED:  August 4, 2017

 

TERMS OF SERVICE

 

PLEASE NOTE: SECTION 20 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH PM CHEF LLC. PLEASE READ IT.

 

These Terms of Service, as amended from time to time, govern your use of the Chef Curry game ("Chef Curry") offered by PM Chef LLC. (the "Company") for mobile device.

 

These terms are an agreement between you and the Company. By using Chef Curry, you agree to be bound to these Terms of Service.

 

These Terms of Service, as well as the Privacy Policy, available at chefcurrygame.com and incorporated herein by reference, form legally binding contracts between you and the Company.  By using Chef Curry, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them.  You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

 

You agree to check these Terms of Service periodically for new information and terms that govern your use of Chef Curry.  The Company may modify the Terms of Service at any time.  Revisions to terms affecting Chef Curry shall be effective immediately upon posting.

 

 

1. CONTENT

 

"Content" on Chef Curry includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from Chef Curry.  Content includes user-generated Content ("UGC"), if any.  UGC includes but is not limited to user personas, forum posts, profile content and any other Content contributed by users to Chef Curry.  Content posted or made available by the Company and UGC collectively shall be referred to as "Content."  All Content - with the exception of UGC discussed below in Section 5 and Section 6 - is owned by the Company or its affiliates, subsidiaries, licensors or suppliers.  You bear the entire risk of the completeness, accuracy and/or usefulness of UGC you publish or post on Chef Curry, if and when the ability to publish or post UGC is available. 

 

 

2. ENTITLEMENTS

 

"Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of Chef Curry and/or products.  Entitlements include but are not limited to paid and free downloadable content; unlockable content; digital content, including additional or enhanced functionality, content subscriptions; virtual assets; rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind; in-game achievements; virtual points, coins, or currencies.

 

 

3. USE OF CONTENT AND ENTITLEMENTS/GENERAL LICENSE RESTRICTIONS

 

The Company grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional Terms applicable to Chef Curry.  Content and Entitlements and all other intellectual property rights in or on Chef Curry as well as the products and services offered through Chef Curry, are owned by the Company or the Company's third party licensors and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy, access, or download any Content and/or Entitlements from Chef Curry unless you are expressly authorized to do so.  In addition, unless expressly authorized by the Company, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements.  Any commercial use is prohibited.  You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.  Your rights are subject to your compliance with these Terms of Service.

 

Chef Curry reserves all right, title and interest in any Content, Entitlements, Chef Curry and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.  Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of the Company and does not include any rights to other patents or intellectual property.  Making unauthorized copies or distribution of Content and/or Entitlements found on Chef Curry may result in the termination of your access to Cher Curry, prohibition on use of Chef Curry, and further legal action.  Content and/or Entitlement owners may take legal action against you for unauthorized use of intellectual property.

 

4. CHEF CURRY, CONTENT AND ENTITLEMENT AVAILABILITY

 

Entitlements may only be held by legal residents of countries where access to and use of Content and Entitlements is permitted.  Entitlements may be purchased or acquired only from the Company or an authorized retailer.  The Company reserves the right to refuse your request(s) to acquire Entitlements, and the Company reserves the right to limit or block any request to acquire Entitlements for any reason. 

 

We do not guarantee that any Chef Curry, any Content or any Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you.  Once you have redeemed any Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services, subject to any rights of return you may have that were explicitly granted to you by the Company or under any applicable consumer law in your territory.

 

 

5. CONTRIBUTING UGC TO CHEF CURRY

 

The Company does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to Chef Curry.  You are solely responsible for your UGC and may be held liable for UGC that you post.

 

The Company respects the intellectual property rights of others.  You must have the legal right to upload UGC to Chef Curry.  You may not upload or post any UGC on Chef Curry that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity.  You may upload only UGC that you are permitted to upload by the owner or by law. The Company may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party.  If you are a repeat infringer of the Company's or a third party's intellectual property or other rights, the Company may terminate your access to Chef Curry without notice to you.  If your access is terminated under this paragraph, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements.

 

The Company reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when the Company determines that UGC violates these terms.  The decision to remove UGC or other Content at any time is in the Company's sole and final discretion.  To the maximum extent permitted by applicable law, the Company does not assume any responsibility or liability for UGC, or for removal of UGC, or for any failure to or delay in removing UGC or other Content.

 

 

7. UGC LICENSE GRANT TO THE COMPANY AND OTHERS

 

When you contribute UGC to Chef Curry, you expressly grant to the Company and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant the Company and its licensors all licenses, consents and clearances to enable the Company and its licensors to use such UGC for such purposes.  You waive and agree not to assert any moral or similar rights you may have in such UGC.

 

If Chef Curry permits other users to access and use that UGC as part of Chef Curry, then you also grant all other users of Chef Curry the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through Chef Curry without further notice, attribution or compensation to you.

 

 

8. INTELLECTUAL PROPERTY CLAIMS

 

The Company respects the intellectual property rights of others and attempts to comply with all relevant laws, including the Digital Millennium Copyright Act ("DMCA"). The Company will review all claims of copyright infringement received and will remove any content determined to be in violation of any intellectual property laws.

 


If you believe that your work has been used in a way that constitutes copyright infringement, please inform the Company immediately at support@pm-games.com. Please notify the Company and its agent for service of process with notice in accordance with the requirements of the DMCA, including: (i) a description of the copyrighted work that has been infringed and the specific location on Chef Curry where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and email address, and any other necessary contact information; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

 If you are a user of Chef Curry and you believe that your content did not constitute a copyright violation and was taken down in error, you may send a notification to support@pm-games.com. Please include:
 (1) your email address
; (2) the specific content you believe was taken down in error
; and (3) a brief statement of why you believe there was no copyright violation (e.g., the content was not copyrighted, you had permission to use the content, or your use of the content was a "fair use").

 

 

9. CHEF CURRY VIRTUAL CURRENCY

 

Chef Curry may make virtual points, coins, or currencies ("Chef Curry Virtual Currency") available in-game.  By purchasing, earning, or otherwise receiving Chef Curry Virtual Currency from the Company, you obtain a personal, limited, non-assignable, revocable license to access and select from the content that the Company expressly makes available within Chef Curry.

 

Chef Curry Virtual Currency has no monetary value and does not constitute currency or property of any type.  Chef Curry Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it may only be redeemed for Chef Curry in-game Content.  Chef Curry Virtual Currency is non-refundable unless expressly authorized by the Company in writing or otherwise required by law.

 

 

10. TERMINATION OF ACCESS TO CHEF CURRY

 

The Company may terminate access to Chef Curry, or parts of Chef Curry, at any time and for whatever reason, within thirty (30) days of the date the Company provides notice of termination, where such notice may be provided to you via email or is posted on Chef Curry.

 

The Company may terminate access to Chef Curry for violation of these Terms of Service, if the Company (in its sole discretion) deems that your use of Chef Curry renders Chef Curry less safe for others and/or minors or for illegal or improper use of Chef Curry, Content, Entitlement, products, or the Company's Intellectual Property as determined by the Company in its sole discretion.  You may lose your access to Chef Curry as a result of termination.  In response to a violation of these Terms of Service or any other agreement applicable to Chef Curry, the Company may issue you a warning, suspend or terminate your access to Chef Curry, selectively remove, revoke or garnish Entitlements, and/or temporarily or permanently ban your device and/or machine from accessing Chef Curry.  You acknowledge that in such an instance the Company is not required to provide you notice before taking action to suspend or terminate your access, temporarily or permanently banning your device from some or all games or products made available by the Company (including but not limited to Chef Curry) or selectively removing, revoking or garnishing Entitlements.  If the Company terminates your access to Chef Curry, you may not participate in Chef Curry again without the Company's express permission.  The Company reserves the right to refuse to provide access to, and provide Chef Curry to, any individual.  You may not allow individuals whose access has been terminated by the Company to gain access to Chef Curry through any device under your control.

 

If you believe that any action has been taken against your access to Chef Curry in error, please contact support@pm-games.com.

 

 

11. CANCELLATION/REMOVAL OF ACCESS TO CHEF CURRY

 

You have the right to cancel or remove your access to Chef Curry at any time.  If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Chef Curry.  You understand and agree that the cancellation or removal of your access to Chef Curry is your sole right and remedy with respect to any dispute with the Company, including any dispute related to, or arising out of: (1) any term of this Terms of Service or the Company's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through Chef Curry or any change in Content or Entitlements provided through Chef Curry; (3) your ability to access and/or use Chef Curry and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Chef Curry and/or any Content or Entitlements thereon.

 

 

12. RULES OF CONDUCT

 

You may violate the Terms of Service if, as determined by the Company in its sole discretion, you:

 

- Post, transmit, promote, or distribute Content that is illegal.

 

- Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

 

- Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate.  Hate speech is not tolerated.

 

- Use abusive, offensive, or defamatory screen names and/or personas.

 

- Engage in disruptive behavior.  Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within Chef Curry. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.

 

- Impersonate another person (including celebrities), indicate falsely that you are a Company employee or a representative of the Company, or attempt to mislead users by indicating that you represent the Company or any of the Company's partners or affiliates.

 

- Attempt to get a password, account information, or other private information from anyone else on Chef Curry.

 

- Upload any software or Content that you do not own or have permission to freely distribute.

 

- Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.

 

- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Chef Curry.

 

- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.

 

- Improperly use in-game support or complaint buttons or make false reports to the Company staff.

 

- Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.

 

- Use any game hacking/altering/cheating software or tools.

 

- Modify or attempt to modify any file or any other part of Chef Curry that the Company does not specifically authorize you to modify.

 

- Post or communicate any person's real-world personal information using Chef Curry.

 

- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for Chef Curry.

 

- Use and communicate exploits and/or cheats.

 

- Attempt to use Chef Curry on or through any service that is not controlled or authorized by the Company.  Any such use is at your own risk and may subject you to additional or different terms.  The Company takes no responsibility for your use of Chef Curry on or through any service that is not controlled by the Company.

 

- Interfere with the ability of others to enjoy playing Chef Curry or take actions that interfere with or materially increase the cost to provide Chef Curry for the enjoyment of all its users.

 

- Unless expressly authorized by the Company, you may not sell, buy, trade or otherwise transfer your personal access to Chef Curry, Content or Entitlements, including by use of auction websites.

 

- You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.

 

- Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in any forums.

 

- Abuse or exploit bugs, undocumented features, design errors or problems in the game.

 

- "Role–playing" is not an excuse for violating this or any other policy.

 

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Chef Curry.  The Company reserves the right to terminate your access and to prevent your use of Chef Curry if you use your access to Chef Curry to engage in illegal activity or to violate this Terms of Service. 

 

Unless otherwise specified, there is no requirement or expectation that the Company will monitor or record any online activity on Chef Curry, including any communications.  However, the Company reserves the right to access and/or record any online activity on Chef Curry and you give the Company your express consent to access and record your activities.  The Company reserves the right to remove any content from Chef Curry at the Company's sole discretion.  The Company has no liability for your or any third party's violation of these Terms of Service.

 

If you encounter another user who is violating any of the rules of conduct set forth in these Terms of Service, please report this activity to the Company at support@pm-games.com.

 

 

13. SERVICES NOT CONTROLLED BY THE COMPANY

 

Some products may give you the option of using Chef Curry on or through a service that is not controlled by the Company.  For example, you may be given the option to play Chef Curry online on servers not owned or controlled by the Company.  The Company takes no responsibility for your use of Chef Curry on or through any such service and otherwise has no control over how those services are offered, administered or operated.  Any such use of non-Company controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

 

 

14. SOFTWARE, UTILITIES, TOOLS, AND UPDATES

 

Chef Curry may require or allow you to download software, software updates or patches, or other utilities and tools from the Company or its licensors onto your computer, entertainment system or device ("Chef Curry Software").  The Company grants to you a non-exclusive, limited license to use Chef Curry Software solely for the purpose stated by the Company at the time the Chef Curry Software is made available to you.  If an End User License Agreement or End User Access And License Agreement is provided with the Chef Curry Software, your use of the Chef Curry Software is subject to the terms of that license agreement.  You may not sub-license, or charge others to use or access Chef Curry Software.  You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Chef Curry Software.  You may not modify Chef Curry Software or use it in any way not expressly authorized in writing by the Company.  You understand that the Company's introduction of various technologies may not be consistent across all platforms and that the performance of Chef Curry Software may vary depending on your computer and other equipment.

 

From time to time, the Company may provide you with updates or modifications to Chef Curry and Chef Curry Software.  You understand that certain updates and modifications may be required in order to continue use the Chef Curry Software and Chef Curry.

 

IMPORTANT: THE COMPANY MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF CHEF CURRY.  THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME AND MAY AFFECT YOUR GAME PLAY OR ENTITLEMENTS.  THE COMPANY RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

 

 

15. EXPORT CONTROL LAWS

 

Chef Curry and Chef Curry Software may be subject to United States export controls, and export controls of other jurisdictions.  By downloading Chef Curry or Chef Curry Software, you warrant that you are not located in any country, or exporting Chef Curry or Chef Curry Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.

 

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Chef Curry or Chef Curry Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload to Chef Curry any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.  The assurances and commitments in this Section 15 shall survive termination of these Terms of Service.

 

 

16. LIMITATIONS ON WARRANTY AND LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF CHEF CURRY, CHEF CURRY SOFTWARE, CONTENT, ENTITLEMENTS AND THE INTERNET IS AT YOUR SOLE RISK.  CHEF CURRY, CHEF CURRY SOFTWARE, CONTENT, ENTITLEMENTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION.  SUBJECT TO ANY SUCH STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY, NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF CHEF CURRY SOFTWARE OR CHEF CURRY.  THE COMPANY DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE CHEF CURRY, CHEF CURRY SOFTWARE, CONTENT, ENTITLEMENTS, GOODS OR SERVICES.  THE COMPANY PROVIDES CHEF CURRY ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE CHEF CURRY AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR CHEF CURRY AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS ARISING OUT OF OR RELATING TO CHEF CURRY AND/OR CHEF CURRY SOFTWARE IS TO STOP USING CHEF CURRY AND/OR CHEF CURRY SOFTWARE, AND TO CANCEL OR REMOVE YOUR ACCESS TO CHEF CURRY AND/OR CHEF CURRY SOFTWARE.  YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON CHEF CURRY OR USE OF CHEF CURRY SOFTWARE.  IN NO CASE SHALL THE COMPANY's OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "COMPANY AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR CHEF CURRY.  IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR COMPANY AFFILIATES BE LIABLE FOR PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CHEF CURRY, CHEF CURRY SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CHEF CURRY.  WHILE THE COMPANY USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, THE COMPANY AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING CHEF CURRY, CONTENT, CHEF CURRY SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.

 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY's, THE COMPANY's LICENSORS' AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  SUBJECT TO ANY STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY, THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE COMPANY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

 

 

17. INDEMNIFICATION

 

Upon the Company's and/or its licensors' request, you agree to defend, indemnify and hold harmless the Company, its licensors and Company Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Chef Curry.  Without limiting the generality of the foregoing, you agree to indemnify and hold the Company and its licensors harmless for any improper or illegal use of your access to Chef Curry, including the illegal or improper use of such access by someone to whom you have given permission to use your computer or device.  You agree that you will be personally responsible for your use of Chef Curry and for all of your communication and activity on Chef Curry, including any Content you contribute, and that you will indemnify and hold harmless the Company, the Company's licensors and Company Affiliates from any liability or damages arising from your conduct on Chef Curry, including any Content that you contribute.

 

The Company and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In that event, you shall have no further obligation to provide indemnification to the Company and/or its licensors in that matter.  This Section 17 shall survive termination of this Terms of Service. 

 

 

18. LINKS TO THIRD-PARTY SITES AND SERVICES

 

Chef Curry may include hyperlinks to web sites and/or services operated by third parties including advertisers and other content providers.  Those sites and/or services may collect data or solicit personal information from you.  The Company does not control such web sites and/or services, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites and/or services may collect.

 

 

19. GENERAL TERMS

 

Remedies.  You agree that these Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to these Terms of Service.  You also understand and agree that these Terms of Service, the Chef Curry Privacy Policy, any applicable End-User License Agreement, and all terms incorporated into this Terms of Service, including the Company's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

 

Severability.  If any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Company, and the remaining portions shall remain in full force and effect.

 

Waiver.  The failure of the Company to exercise or enforce any right or provision of these Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of these Terms of Service will be effective only if in a writing signed by the Company.

 

Governing Law.  The laws of the State of California, excluding its conflicts-of-law rules, govern these Terms of Service and your use of Chef Curry; and, to the extent applicable pursuant to Section 20 below, you expressly agree that exclusive jurisdiction for any claim or dispute with the Company arising out of or relating in any way to your use of Chef Curry resides in the federal and state courts within Los Angeles County, California, and you further agree and expressly consent (to the extent applicable pursuant to Section 20 below), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 20 below including any claim involving the Company or Company Affiliates, subsidiaries, contractors, vendors and content providers.  As noted above, your conduct may also be subject to other local, state, national, and international laws.

 

 

20. DISPUTE RESOLUTION BY BINDING ARBITRATION

 

The purpose of this Section is to provide a streamlined method for resolution of disputes between you and the Company if they arise. 

 

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

 

Most customer concerns can be resolved quickly and to your satisfaction by contacting the Company at support@pm-games.com.  In the unlikely event that the Company cannot resolve a concern to your satisfaction (or if the Company cannot resolve a concern it has with you after attempting to do so informally), then you and the Company agree to be bound by the following procedure to resolve any and all disputes between us.  This provision applies to all consumers to the fullest extent allowable by law.  By accepting these terms, you and the Company expressly waive the right to a trial by jury or to participate in a class action.  This agreement is intended to be interpreted broadly.  The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable.  This Section 20 covers any and all disputes between you and the Company ("Disputes"), including without limitation:

 

- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

- claims that arose before these Terms of Service or any prior agreement (including, but not limited to, claims relating to advertising);

- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

- claims that may arise after the termination of these Terms of Service.

 

The only disputes that are not covered by this Section 20 are the following:

 

- a claim to enforce or protect, or concerning the validity of, any of your or the Company's (or any of the Company's licensors') intellectual property rights;

- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property; and

- in addition, nothing in this Section shall prevent either party from initiating a small claims court action.

 

References to "the Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior definitive agreements between us.  This agreement to arbitrate in this Section 20 evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This Section 20 shall survive termination of these Terms of Service.

 

Informal Negotiations/Notice of Dispute.  You and the Company agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration.  Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute").  Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand").  The Company will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us.  You will send your Notice of Dispute to: support@pm-games.com.

 

Binding Arbitration.  If you and the Company are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or the Company may elect to have the Dispute finally and exclusively resolved by binding arbitration.  Any election to arbitrate by one party shall be final and binding on the other.  YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND THE COMPANY ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  You and the Company may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

 

Restrictions.  You and the Company agree that any arbitration shall be limited to the Dispute between the Company and you individually, regardless whether the relief sought is monetary or injunctive relief, and any relief awarded in arbitration shall be applicable only to you in your individual capacity.  To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute shall be arbitrated on a class basis or utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or on behalf of any person other than yourself. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then those specific portions of the provision that are unenforceable shall be severed and considered null and void.

 

Location.  Arbitration shall be initiated in the County of Los Angeles, State of California, United States of America, and you and the Company agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

 

Recovery and Attorneys' Fees.  Each party will be responsible for its own attorneys' fees and related expenses (including expert witness fees and costs), but the arbitrator will have authority to award attorneys' fees and expenses if such an award is available under applicable law. 

 

Limitation on Arbitrator's Authority.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

 

 

21. ENTIRE AGREEMENT

 

These Terms of Service (including the Chef Curry Privacy Policy, any End-User License Agreement, and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding Chef Curry, a particular activity, contest, or sweepstakes constitute the entire agreement between you and the Company relating to your rights and obligations in the use of Chef Curry.  If there is any conflict between these Terms of Service and any other rules or instructions posted on Chef Curry, the Company shall resolve the conflict in its sole discretion.

 

 

22. NOTICE TO CALIFORNIA RESIDENTS

 

Pursuant to Cal. Civil Code §1789.3, please note that (a) the Company is located in California, (b) the fees and charges for Chef Curry, if any, may vary depending on the services selected by you, and (c) if you have a complaint regarding Chef Curry or Chef Curry Software or desire further information on use of Chef Curry or Chef Curry Software, you may contact us at support@pm-games.com. 

 

Bookmark chefcurrygame.com and visit this site regularly for updates to these Terms of Service.