End User License Agreement
Please fully review the following terms and conditions of use carefully (and your parents, if you’re under 18) before accessing, utilizing or playing the All Star Buddies Software (the “Software”) made available at www.allstarbuddies.com. If you are not 18 years of age, have your parents review these terms of use and assist you to create and register a user account. By clicking on the “I AGREE” button below, you are signifying your acknowledgement, acceptance and agreement the terms of use for this site and any related services offered by PB Kidz Corp. for use, subscription or sale (collectively the “Services”). THIS IS A BINDING LEGAL AGREEMENT, SUBJECT TO ALL APPLICABLE LAWS AND OBLIGATIONS OF CONTRACT. Therefore, if you do not agree to these terms of use, click the “CANCEL” button and DO NOT set up a user account or otherwise access, utilize or play the Software.
THESE TERMS AND CONDITIONS REFERENCED HEREIN APPLY TO ANY AND ALL USER ACCOUNTS, WHETHER SAID ACCOUNT IS NEWLY BEING CREATED, WILL BE CREATED IN THE FUTURE, OR HAS ALREADY BEEN SET UP. THEREFORE, PLEASE READ THE TERMS OF USE FULLY, CAREFULLY AND COMPLETELY. As previously stated, the use of the Software constitutes your acceptance, acknowledgement and agreement to these terms of use, which constitute a binding legal agreement. If you do not fully and completely consent and agree to these terms of use exit this Website and do not make any further use of the Software.
PB Kidz Corp. reserves the right, at its full and complete discretion and without prior notice, to change, modify, amend, add, subtract, or otherwise remove portions of these terms at any time and for any or no reason. Please periodically continue to check these terms of use on the All Star Buddies Website for any changes. Your continued access to and use of the Software after the posting of any amendments, deletions or other changes to these terms of use will constitute you acceptance, acknowledgment and agreement to the respective changes.
1. General Provisions.
All software, illustrations, documentation, information, music, pictures, content and all other materials accessed by utilization of the Software are protected by both United States law, as well as the laws of various international jurisdictions, including, but not limited to copyright laws, Trademark law, patent law and various governmental treaties. PB Kidz Corp., and any agents, affiliates, and licensors relevant thereto (collectively, “PB Kidz”) owns all right, title and interest in and to the Software. Except for any rights specifically enumerated as being licensed to you hereunder, PB Kidz reserves any and all of its rights to the Software, Services and all other materials accessible by use of such Software.
2. Title Not Transferred.
These terms are not intended to and do not transfer any right, title or interest in the Software to you. The limited rights granted herein solely relate and involve the specific rights of PB Kidz listed hereinbelow and do not extend to other intellectual property rights or interests that exist now or may exist in the future, such rights being fully and completely reserved. Furthermore, PB Kidz retains sole and complete right title and interest in and to the Software, as well as any and all ancillary intellectual property related thereto.
3. Specific License and Restrictions.
Free of any associated charge or cost to you, PB Kidz hereby grants you a non-exclusive, non-transferable, limit right license to access, use and display the Software on the All Star Buddies Website specifically for personal, non-commercial use only. If at any time, in PB Kidz’s sole discretion, it is determined that you are utilizing the Software in a manner inconsistent with personal and non-commercial use, or if you otherwise fail to fully comply with the terms of use herein, PB Kidz may terminate your license to use the Software without notice. Moreover, PB Kidz reserves the right at any time in the future to charge a service fee and/or other specified fee or charge for continued use of this Software with reasonable notice to you. This license is fully and completely revocable at any time by PB Kidz, with or without notice and for any or no reason. PB Kidz makes no warranty as to suitability or use of the Software and limited license granted herein and you acknowledge, agree and otherwise consent that PB Kidz shall have no liability arising from or in connection with your use of the Software.
PB Kidz may design or otherwise configure the Software to include certain methods that enable PB Kidz to identify the specific version of the Software being used by your account. Said configurations may provide PB Kidz with the ability to amend, change or update the version of the Software being utilized without any further notice or interaction with you. In order to do this PB Kidz retains the right to poll or otherwise access your user account or preferences in order to provide the updated versions of the Software automatically in the most seamless and expeditious manner possible.
By use of the Software you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Software in any way inconsistent with the rights of use provided by the license herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of PB Kidz; (iii) attempt to access source or object code of the Software, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Software; (v) attempt to disable any digital rights management or copy protection aspects of the Software, not already specifically prohibited by existing laws; (vi) create code, software or other program that incorporates any elements of the Software; (vii) attempt to hack into, compromise or otherwise access the object or source code of the Software for any purposes, personal or commercial, without the express written permission of PB Kidz; or (viii) interrupt or attempt to interrupt the operation of the Software in any way. To the extent that you fail to comply with the prohibitions listed above, you agree, without any further compensation or remuneration to assign, give or otherwise transfer all concepts and ideas, and all materials, products, related modifications thereto and any independent intellectual property rights developed or prepared by or for you in connection with the Software including without limitation all text, images, music, audio, video and other information, Website frames, and all HTML, Java, flash or other code relating thereto, as the exclusive property of PB Kidz, and all right, title and interest thereto shall vest in PB Kidz and they shall be deemed to be a “work made for hire” and made in the course of services rendered hereunder. To the extent that title to any such works may not, by operation of law, vest in PB Kidz or such works may not be considered works made for hire, all right, title and interest therein are hereby irrevocably assigned to PB Kidz. In the event that you engage any person, other than a regular employee, to design or develop the above listed elements, you will require each such person to execute a written agreement assigning all rights in the work performed by such person in connection with these terms to PB Kidz. All elements shall belong exclusively to PB Kidz with PB Kidz having the right to obtain and hold in its own name all copyright, patent, and trademark registrations, and such other protections as may be appropriate to the subject matter, and any applications, extensions, continuations and renewals thereof and all merchandising rights therein. Moreover, you agree to give PB Kidz and any person designated by PB Kidz, any reasonable assistance required to perfect the rights defined in this section.
You agree not to use bots, spiders or other intelligent agent software or methods for any purpose other than accessing publicly posted portions of the Software and then only for the purposes consistent with the terms of use described herein.
Parts of the Software are open to all visitors of the Website and the entirety of the Software is open to subscribers of All Star Buddies. We cannot vouch for the accuracy, quality or good sense of any messages posed here or the communications between users because we do not claim to read and evaluate them all. You must use your own common sense to judge, evaluate and decide about the relevance, usefulness or applicability of what you read here.
IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS PREVIOUS SET FORWARD, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
4. Access and Charges.
Currently, there are no fees charged for a trial subscription which provides limited access and use of some parts of the Software, however, PB Kidz retains the right to charge fees to access or use the entirety of the Software in the future. Additionally, certain aspects of the Software are only provided and available to those users opting for one of the paid subscription options. These fees and charges are described on the All Star Buddies Website, and in the event you elect to use paid aspects of the Software, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted set forth at www.allstarbuddies.com. PB Kidz retains the rights to add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. For purpose of creating a user account, you agree, acknowledge and consent to provide PB Kidz with accurate, complete, and updated information required for the Software subscription or user account registration and creation process. This may include, but not be limited to, your full legal name, address, telephone number(s) and applicable payment information. At any time following your subscription or activation of your user account, you may access your account information to determine whether it is current and accurate, and, if not, make any necessary and relevant additions, changes or corrections. Your failure to comply with this term (including providing any false or misleading registration data) may result in the immediate suspension or termination of your user account and right or license to access the Software without any refund of any sums you may have paid as a subscriber.
You agree that all purchases of All Star Buddies coins or tickets are final and non refundable. You agree that all Star Buddies coins or tickets will be forfeited if your account is shut down, frozen or terminated for any reason. You agree, acknowledge and consent that Star Buddies coins or tickets do not have any monetary value and are not to be bought, sold, offered for sale, bartered or otherwise traded, unless specifically authorized by PB Kidz in writing. Moreover, any and all unused Star Buddies coins or tickets will expire after one year (1) year from date of purchase or other receipt. Further, in PB Kidz sole discretion, accounts that are unused for a period of time more than six (6) months will be terminated. You agree that the purchase of Star Buddies coins or tickets is the purchase of a subscription service and that you have no property interest in the Star Buddies coins or tickets. Furthermore, you agree that Star Buddies coins or tickets are not a gift certificate and shall not be treated as such.
PB Kidz reserves the right to add, change, delete or discontinue any or all aspects or features of the Software, including, but not limited to, content, financial terms, availability, equipment needed for access or use, or even discontinue, cancel or terminate the Software in its entirety.
5. NO WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SOFTWARE (INCLUDING ALL CONTENT, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) IS BEING PROVIDED TO YOU “AS IS”. PB KIDZ DOES NOT PROVIDE, AND IS NOT PROVIDING, ANY WARRANTIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTEES OF MARCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT), IN ANY FORM, IMPLIED, EXPRESS, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PB KIDZ MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SOFTWARE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY PB KIDZ. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, OR THAT THE USE OF THE SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTER(S) ON WHICH THE SOFTWARE IS ACCESSED FROM. PB KIDZ WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SOFTWARE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND OTHER FORMS OF MAILCIOUS CODE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PB KIDZ OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR USER ACCOUNT(S) OR ANY SERVICES.
6. Passwords.
By using and accessing the Software you acknowledge, agree and consent that you are the only individual permitted to use your password and are fully and solely responsible for any uses of your password. Only one computer and user may be connected to PB Kidz’s system and use the Software at one time with one password.
7. Forums.
PB Kidz may make available to users of the Software, email notices, chat services, IM technology, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities (collectively referred to as “Forums”) by means of the Software or related services. PB Kidz cannot review and is not responsible to review all communications made on or through the Software. However, PB Kidz reserves the right, but has no specific obligation, to monitor the Forums and change, edit, amend, modify or delete any materials which PB Kidz in its sole and absolute discretion determines to violate the Agreement or to be in any other way offensive or contrary to the policy of PB Kidz.
8. LIMITATION ON LIABILITY.
USE OF THE SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL AND SOLE RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, ACCESS OR USE OF THE SOFTWARE, FILES, INFORMATION, COMMUNICATIONS, CONTENT OR OTHER MATERIAL. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PB KIDZ, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR PB KIDZ, BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY FULLY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO PB KIDZ FOR THE SOFTWARE, IF ANY, OR $50, WHICHEVER IS LESS. YOU HEREBY RELEASE PB KIDZ AND THEIR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
The foregoing limitations shall apply even if the above stated remedy fails of its essential purpose.
9. Indemnification.
By accessing or using the Software you hereby agree, acknowledge and consent to indemnify, defend, and otherwise hold harmless, PB Kidz and any and all of its affiliates, agents, attorneys, directors, licensors, and licensees, officers, owners, or other information providers, (referred hereto collectively as the “Indemnitees”) from and against any and all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses, including without limitation, (including interest, penalties and attorneys’ fees and expenses) incurred by the Indemnitees in connection with any claim arising out of any breach or alleged breach by you of this agreement. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PB Kidz.
10. Termination.
These terms of use set forth herein continue to remain in full force and effect until such time as terminated by either party. PB Kidz reserves the right, in its sole discretion and without notice, to immediately terminate your user account and access to any or all of the Software, related Services or any portion thereof, at any time without further notice or compensation. Likewise, you retain full discretion to end or terminate your user account and discontinue use of the Software at any time, pursuant to the terms of this Agreement.
11. Privacy Policy.
By using and accessing the Software you consent, agree and acknowledge PB Kidz’s privacy policy and that any information provided by you as part of your user account or otherwise provided as part of your use of the Software shall be governed by the privacy policy of PB Kidz. To access and review PB Kidz’s privacy policy use the link provided below:
Privacy Policy
Therefore, if you do not fully agree and consent to the PB Kidz privacy policy do not set up a user account or otherwise use the Software. We reserve the full right, power and authority to amend, modify, change, add or delete provisions or sections of the privacy policy at any time with or without a reason. Therefore, please periodically continue to check the privacy policy on the All Star Buddies Website for any changes. Your continued use of the Software following any posted modifications shall demonstrate your acknowledgement, acceptance and consent to said changes.
12. No Sale or Assignment.
You may not give, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest you rights, responsibilities or obligations under the terms, either in whole or in part, without the prior written consent of PB Kidz. Any attempt to do so shall be void and of no effect.
13. Hyperlinks to Other Sites.
The Software or All Star Buddies Website may contain links and pointers to other sites on the internet that may be maintained by third parties. Such links do not constitute an endorsement by PB Kidz of any third-party site or any materials contained therein. PB Kidz does not control, and is not responsible for, the availability, accuracy, or currency of such third-party site or any information, content, products or services accessible from such third-party site.
14. Age Restrictions.
By using and accessing the Software you hereby acknowledge, represent and warrant to PB Kidz that: (1) you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Software in accordance with the Code of Conduct; or (2) that, if you are under eighteen (18) years of age, you have your parent’s or legal guardian’s full consent, agreement and acknowledgement to use and access the Software and Services and they represent and warrant, on your behalf, that they possess the legal right and ability to enter into this Agreement and do so on your behalf.
15. Communications.
You agree and acknowledge that any communications made to or by means of the Software are public. You further acknowledge and agree that: (1) you have no expectations of privacy in any communications; and (2) no confidential, fiduciary, contractually implied or other relationship is created between you and PB Kidz by reason of your transmitting any communications. Moreover, by transmitting any communications through use of the Software you grant to PB Kidz a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit or otherwise exploit such communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, “moral rights,” or any similar rights under any jurisdiction.
16. Code of Conduct.
Please read the Code of Conduct for PB Kidz currently at:
Code of Conduct
The Code of Conduct accessible by the above hyperlink are fully incorporated herein by this reference as though they were specifically and completely set forth herein. By accessing and using the Software, you signify your acknowledgement, agreement and consent to the Code of Conduct. Therefore, if you do not fully agree and consent to the Code of Conduct, press the “CANCEL” button below and do not set up a user account or otherwise use the Software. We reserve the full right, power and authority to amend, modify, change, add or delete provisions or sections of the Code of Conduct at any time with or without a reason. Therefore, please periodically continue to check the Code of Conduct on the All Star Buddies Website for any changes. Your continued use of the Software following any posted modifications shall demonstrate your acknowledgement, acceptance and consent to said changes.
17. DMCA Notification Procedures.
PB Kidz will respond appropriately to notices of alleged copyright infringement which are sent in compliance with the Digital Millennium Copyright Act (“DMCA”) and as set forth hereinbelow. If you are a copyright holder and believe that your intellectual property rights have been infringed by an improper posting or distribution in connection with www.allstarbuddies.com, provide PB Kidz with a written notice that includes all of the following:
(i) a reference or subject line including substantially similar language to the following: “DMCA Copyright Infringement Notice”;
(ii) a description of the subject work which has allegedly been infringed;
(iii) the URL of the site and a description of where the allegedly infringing material is located on that site;
(iv) your contact information, including: address, telephone number, and e-mail address;
(v) a statement demonstrating that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
(vi) a statement, made under penalty of perjury, that all the information provided is accurate and that you are the copyright owner (or, if you are not the copyright owner, that you are authorized to act on behalf of the copyright owner); and,
(vii) your electronic or physical signature.
DMCA notices may be sent to PB Kidz by mail, e-mail, or facsimile at the addresses below:
Via Mail:
PB Kidz Corp.
1014-4 Grand Blvd.
Deer Park, New York 11729
Attention: DMCA Affairs
Via E-Mail: DMCAAffairs@allstarbuddies.com
Via Facsimile: (631) 242-0500
PB Kidz may or may not choose to respond or otherwise take action in respect to DMCA notices that do not comply with all of the foregoing requirements. However, at its sole decision and discretion, PB Kidz may elect to remove allegedly infringing material brought to its attention regardless of whether the notifications fully comply with the DMCA.
18. Force Majeure.
You agree and acknowledge that PB Kidz shall not be liable for any failure or delay concerning or related to the operation of the Software caused by events beyond PB Kidz’s control, including, without limitation, sabotage, computer failure, server failure or other failures or delays in transportation, failures or substitutions of equipment, or other accidents.
19. Entire Agreement.
These terms shall be construed and enforced under the law of the State of New York without regard to any conflict of laws principles. The terms set forth herein constitute the entire Agreement together with any and all relevant exhibits, specifications or Code of Conduct on the All Star Buddies Website, which are incorporated herein by reference, is the sole and entire agreement between the parties relating to the subject matter hereof. This Agreement supersedes all prior understandings, agreements and documentation relating to such subject matter. In the event of a conflict between the provisions of the main body of the terms of use and any exhibits, specifications or other related materials, the terms of use shall take precedence. Except as to changes and modifications previously authorized herein, any other modifications and amendments to these terms, including any exhibits or specifications attached hereto, shall be enforceable only if they are prepared and set forth by PB Kidz in writing.
20. Jurisdiction.
We operate and manage the All Star Buddies Website and the Software from U.S. offices in the State of New York. By accessing and utilizing the Software you acknowledge, agree and consent that the law of the State of New York will apply to any disputes hereunder. We make no representations or warranties that the Software is appropriate, available or complies with the specific laws for use in any particular location. By accessing and utilizing the Software you acknowledge, agree and consent that you do so on your own accord and initiative and that you remain solely responsible for your compliance with any and all local laws, to the extent such relevant laws exist.
21. Dispute Resolution.
By your access of and use of the Software you hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action or proceeding arising out of or relating to this Agreement or any of the transactions contemplated herein or related to the Software or Services or any contests or services thereon (including without limitation, statutory, equitable or tort claims) shall be submitted to, and settled by, mediation; but, if mediation is ineffective, or unsatisfactory to PB Kidz, then an arbitration proceeding shall be commenced in the City of New York, State of New York, before a sole arbitrator under the rules and regulations of the American Arbitration Association (or at any other time or place or under any other form of arbitration rules as acceptable to PB Kidz.). Any and all claims or causes of action that you may have with respect to the Software, Subscription, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any award rendered as part of arbitration shall be final and conclusive upon the parties, and a judgment thereon may be entered in a court of competent jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for, and bear the cost of, his own experts, evidence and attorney’s fees, except, if the arbitrator, in his discretion, expressly determines that the party against whom such award is entered has caused the dispute, controversy, or claim to be submitted to arbitration as a dilatory tactic or in bad faith, then such party shall bear all of the costs of the proceeding. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services. Notwithstanding the parties’ decision to resolve any and all disputes arising under this Agreement through mediation and then binding arbitration, PB Kidz may bring an action in any court of applicable jurisdiction to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable from a court to enforce the provisions these terms of use or to enforce the decision of the arbitrator.
22. Headings Not Controlling.
The headings in these terms are for reference purposes only and shall not be construed as a part of this Agreement.
23. Severability.
If any provision(s) of these terms is held invalid, void or unenforceable under any applicable statute or rule of law, it shall to that extent be deemed omitted, and the balance of these terms shall be enforceable in accordance with the remaining provisions.
24. Waiver.
No term or provision listed herein shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by PB Kidz. A waiver by PB Kidz of any of the terms, covenants or conditions to be performed by you hereunder shall not be construed to be a waiver of any succeeding breach thereof.
25. Export Law Assurances.
You agree not to use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. Without limited the foregoing, the Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
If at any time you wish to obtain an additional copy of the above terms of use, please visit the All Star Buddies Website www.allstarbuddies.com and again review or print the terms of use.
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