Last Updated, April 14, 2020
Nifty Games, Inc. Software User Agreement
Welcome to Nifty Games, Inc. (“Nifty Games”). This Agreement governs your access and use of the services we provide (i.e., our software products, games, updates, upgrades, features, content, and website(s) (“the Nifty Services”). This Agreement is between you and the Nifty Games, Inc., a Delaware corporation.
BY USING THE NIFTY SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE NIFTY SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 15 TO RESOLVE ANY DISPUTES WITH NIFTY GAMES.
1. Establishing an Account and Account Criteria
You need a Nifty Games Account to play our games and to use many of the Nifty Services.
When you first activate the app, a randomly-generated ID will be assigned to you. Nifty Games uses this anonymous ID to allow you access to Nifty Services. If you choose to create a Nifty Games Account (“Nifty ID”) or log in through Facebook or Google, your randomly generated ID will become associated with information you provide, and Nifty will be able to link your account and game activity. Creating a Nifty ID or logging in through Facebook or Google allows you to play on multiple devices, and can assist Nifty Games with account recovery and customer support requests. If you log in using any of these methods, certain of your personal information will be provided to Nifty Games from Facebook or Google.
As set forth above, if you choose not to log in through Google or Facebook, Nifty Games will be able to find your account if you run into any support issues. You will need to be able to provide your anonymous ID to customer support in order to get assistance, and this can be found in the game Settings menu at the bottom of the screen.
To access the Nifty Services, you must be eligible to use the Nifty Services and must be a resident of a country where use of the Nifty Services is permitted. The Nifty Services are not permitted in China.
In addition, in order to access any Nifty Services, you must be at least 13 years of age (or such other minimum age as is applicable in your country of residence). If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using the Nifty Services. Nifty Games recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.
You are responsible for the activity on your Nifty Games Account. Your Nifty Games Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement or you use it in a way that violates this Agreement. Nifty Games strongly advises that you never share your account login or password with anyone else. Also, no authorized representative of Nifty Games will ever ask for your account login or password.
You may cancel your Nifty Games Account at any time. You also may cancel a subscription to a particular Nifty Service at any time. If you have any questions about canceling your services with Nifty Games or you want to cancel your Nifty Games Account, or remove any personally identifiable information, you must contact Nifty’s Customer Service Department through the app or by emailing email@example.com.
You may download the Nifty Services without any paying any money. In spite of the fact that you are not paying any money, the Nifty Services are licensed to you. Nifty Games grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the Nifty Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Nifty Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by Nifty Games or as permitted by law. You may not reverse engineer or attempt to extract, attempt to view or otherwise use source code or other data from the Nifty Services, unless expressly authorized by Nifty Games or permitted by law. Nifty Games or its licensors own and reserve all other rights, including all right, title and interest in the Nifty Services and associated intellectual property rights.
3. Content and Entitlements
The Nifty Services include Content and Entitlements. Content is the 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 or from the Nifty Services, as well as the design and appearance of our websites and games. Content also includes user-generated Content ("UGC"). UGC includes Nifty Games Account personas, forum posts, profile content and other Content contributed by users to the Nifty Services. All Content is either owned by Nifty Games or its licensors, or is licensed to Nifty Games and its licensors pursuant to Section 5 below.
Entitlements are rights that Nifty Games licenses to you to access or use the online elements of the Nifty Services. Examples of Entitlements include access to digital or unlockable content, virtual assets; coins and gems.
We refer to coins and gems as "Nifty Virtual Currency". Nifty Virtual Currency is only usable in the game in which it is earned or purchased. It is not transferable between Nifty Games products. When you obtain Nifty Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that Nifty expressly makes available to you.
Nifty Virtual Currency has no monetary value and has no value outside of our products and services. Nifty Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the Nifty Service. Nifty Virtual Currency is non-refundable, and you are not entitled to a refund for any unused Nifty Virtual Currency. Once you redeem Nifty Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable. If you live in Japan, you agree to use any Nifty Virtual Currency within 180 days from the date of purchase.
You will provide at your own expense the equipment, Internet connection and charges required to access and use The Nifty Services.
4. Availability of The Nifty Services and Updates
We do not guarantee that any Nifty Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Nifty Service, Content or Entitlements for any particular length of time. Nifty Games does not guarantee that the Nifty Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, Nifty Games may update, change or modify a Nifty Service, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use the Nifty Services.
Nifty Games may need to update, or reset certain parameters to balance game play and usage of the Nifty Services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.
5. Your User Generated Content (“UGC”)
You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity.
Nifty Games may, in its sole discretion, remove, edit or disable UGC for any reason, including if Nifty Games reasonably determines that UGC violates this Agreement. Nifty Games does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. Nifty Games does not pre-screen all UGC and does not endorse or approve any UGC available on the Nifty Services.
When you contribute UGC, you grant to Nifty Games, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate 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 also grant all other users who can access and use your UGC on the Nifty Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Nifty Service without further notice, attribution or compensation to you.
6. Rules of Conduct and Consequences of Rule Violations
When you access or use the Nifty Services, you agree that you will not:
- Violate any law, rule or regulation.
- Interfere with or disrupt any Nifty Service or any server or network used to support or provide a Nifty Service, including any hacking or cracking into a Nifty Service.
- Use any software or program that damages, interferes with or disrupts a Nifty Service or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
- Interfere with or disrupt another player's use of a Nifty Service. This includes disrupting the normal flow of game play, chat or dialogue within a Nifty Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
- Harass, threaten, bully, 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. Hate speech is not tolerated.
- Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
- Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.
- Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Nifty Games (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
- Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
- Impersonate another person or falsely imply that you are a Nifty Games employee or representative.
- Improperly use in-game support or complaint buttons or make false reports to Nifty Games staff.
- Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on the Nifty Services.
- Make use of any payment methods to access or purchase the Nifty Services for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offence or other unlawful activity.
- Use any robot, spider or other automated device or process to access this website for any purpose or copy any material on this website.
- Use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- Modify any file or any other part of the Nifty Service that Nifty Games does not specifically authorize you to modify.
- Use exploits, cheats, undocumented features, design errors or problems in a Nifty Service.
- Use or distribute counterfeit software or Nifty Games Content, including Nifty Virtual Currency.
- Attempt to use a Nifty Games Service on or through any service that is not controlled or authorized by Nifty Games.
- Sell, buy, trade or otherwise transfer or offer to transfer your Nifty Games Account, any personal access to the Nifty Services, or any Nifty Games Content associated with your Nifty Games Account, including Nifty Virtual Currency and other Entitlements, either within a Nifty Service or on a third party website, or in connection with any out-of-game transaction, unless expressly authorized by Nifty Games.
- Use a Nifty Service in a country in which Nifty Games is prohibited from offering such services under applicable export control laws or applicable license agreement.
- If a Nifty Service requires you to create a "user name" or a "persona" to represent you in game and online, you should not use your real name and may not use a username or persona that is used by someone else or that Nifty Games determines is vulgar or offensive or violates someone else's rights.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of a Nifty Service.
- Use information about users publicly available in any Nifty Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
- Promote, encourage or take part in any prohibited activity described above.
Nifty Games takes the safety and well-being of its community very seriously. If you violate Nifty Games’ rules, Nifty Games may take a range of actions against your account up to and including terminating your account and banning you from the Nifty Services.
Generally, Nifty Games deals with violations of its policies and procedures in the following manner:
- Generally, on a first infraction, you will receive a warning and a 24-hour ban.
- Generally, on a second infraction, you will usually incur a 7-day ban.
- Generally, on a third offense, you will/may be banned from the platform permanently.
The actions that Nifty Games might take against someone’s account that has violated these terms or Nifty Games’ other rules depends largely on the seriousness of the infraction, in Nifty Games’ sole discretion. Some violations, such as engaging in “hate speech” may merit an immediate and permanent ban from all Nifty Services.
In addition to these terms and conditions, a specific Nifty Service may have additional rules that apply to your conduct on those specific services.
If you encounter another user who is violating any of these rules, please report this activity to Nifty Games using the "Help" or "Report Abuse" functions in the relevant Nifty Games Service, if available, or contact Customer Support at firstname.lastname@example.org.
Nifty Games may, in its discretion, monitor or record online activity or Content on the Nifty Services and may remove any Content from any of the Nifty Services at its sole discretion. Remember that your communications and your UGC in a Nifty Service are public and will be seen by others. Please think before you post and use good judgement. Just because you can do something, doesn’t mean you should do it.
7. Termination and Other Sanctions
This Agreement is effective until terminated by you or Nifty Games. Nifty Games may terminate your access and use of any Nifty Service or your Nifty Games Account if Nifty Games determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of the Nifty Services associated with your Nifty Games Account. When practical, Nifty Games will notify you of the termination. You may lose your username and persona as a result of a Nifty Games Account termination. If you have more than one Nifty Games Account, depending on the type of violation or misuse, Nifty Games may terminate all of your Nifty Games Accounts and all related Entitlements. If your Nifty Games Account is terminated, you will not have access to your Nifty Games Account or Entitlements and may be barred from accessing or using any Nifty Games Service again. Upon termination, your license under this Agreement also shall terminate.
Instead of termination and prior to any termination, Nifty Games may issue you a warning, suspend or alter your access to a particular Nifty Games Service or your Nifty Games Account, remove or revoke Entitlements at a Nifty Games Account or device level, remove or delete any content which is in violation with this Agreement, or ban your device or machine from accessing specific Nifty Services. If Nifty Games takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement.
Nifty Games may terminate any Nifty Games Service at any time by giving at least thirty days' notice either via email (if available), within the affected Nifty Service. After online service termination, no software updates will be applied to our games and we can't guarantee our mobile games will continue be available for download via the applicable app store. Any games available via the app store after online service termination may be removed from the applicable app store without further notice to you.
If you believe that any action has been taken against your Account or device in error, please contact Customer Support at email@example.com
Sections 5, 8-9, 11-15 of this Agreement survive termination of this Agreement.
8. Other Software, Utilities and Tools
The Nifty Services may require or allow you to download software, software updates or patches, or other utilities and tools from Nifty Games or its licensors onto your mobile phone or other smart device. You understand that certain updates to these technologies may be required in order to continue use of a Nifty Service. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to Nifty Games automatically installing any available updates for the Nifty Services. Failure to install available updates may render the Nifty Services unplayable.
Some of the Nifty Services may give you the option of playing on servers not owned or controlled by Nifty Games. Nifty Games does not control those services and is not responsible for your use of the Nifty Service on or through them. These third party services may subject you to additional or different terms and restrictions.
The Nifty Services may include hyperlinks to third party websites. Those sites may collect data or solicit personal information from you. Nifty Games does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
10.Warranties; Limitation of Liability
IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND, THE NIFTY SERVICES WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE NIFTY SERVICES ARE MADE. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, THE NIFTY SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, NIFTY GAMES GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. NIFTY GAMES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR THE NIFTY SERVICES; THAT THE NIFTY SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE NIFTY SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT THE NIFTY SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE.
IF YOU LIVE IN THE EEA, UNITED KINGDOM OR SWITZERLAND, NIFTY GAMES AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR BREACH OF THIS AGREEMENT, OR WHICH ARISE AS A RESULT OF A THIRD PARTY'S (OR ANY OTHER) ACTS OR OMISSIONS BEYOND OUR CONTROL. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NIFTY GAMES AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY NIFTY GAMES' BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR THE NIFTY SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF NIFTY GAMES KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE NIFTY SERVICE. NIFTY GAMES DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
11. General Terms
This Agreement, together with any other of Nifty Games’ terms and conditions that govern your use of the Nifty Services, constitutes the entire agreement between you and Nifty Games. The Agreement may not be amended or modified unless made in writing and posted by Nifty Games. The failure of Nifty Games to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
If you live in the United States, Canada or Japan, (i) this Agreement is between you and Nifty Games; (ii) the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your use of the Nifty Services; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or the Nifty Services shall be the federal or state courts that govern Contra Costa County, California, and you expressly consent to the exercise of personal jurisdiction of such courts.
The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute arising out of or relating to this Agreement.
You agree to follow U.S. and other export control laws and agree not to transfer the Nifty Services to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom Nifty Games is prohibited from doing business under these export control laws.
12. Changes to this Agreement
Nifty Games may modify this Agreement from time to time, so please review it frequently. Your continued use of the Nifty Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the Nifty Services.
13. Dispute Resolutions by Binding Arbitration
THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. IT EXCLUDES RESIDENTS OF QUEBEC, RUSSIA, SWITZERLAND, BRAZIL, MEXICO, THE MEMBER STATES OF THE EEA, UNITED KINGDOM AND THE REPUBLIC OF KOREA. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND NIFTY GAMES EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This Section offers a streamlined way to resolve disputes between you and Nifty Games if they arise. Most of your concerns can be resolved quickly and satisfactorily by contacting Nifty Games customer support firstname.lastname@example.org. If Nifty Games cannot resolve your concern, you and Nifty Games agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section is an agreement between you and Nifty Games, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This Section shall be interpreted broadly and shall survive termination of this Agreement.
- Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to this Agreement, any of the Nifty Services and their marketing, or the relationship between you and Nifty Games ("Disputes") shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section are claims (i) regarding the infringement, protection or validity of your, Nifty Games' or Nifty Games' licensors' trade secrets or copyright, trademark or patent rights; (ii) if you reside in Australia, to enforce a statutory consumer right under Australia consumer law; and (iii) brought in small claims court.
- Informal Negotiations
You and Nifty Games shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice 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. Nifty Games will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Nifty Games, 3400 Mt Diablo Blvd., Suite 206, Lafayette California 94549, ATTENTION: Legal Department.
- Binding Arbitration
If you and Nifty Games cannot resolve a Dispute informally, you or Nifty Games 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. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's 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. If such costs are determined by the arbitrator to be excessive, or if you send Nifty Games a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, Nifty Games will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall 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 Nifty Games 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.
YOU AND NIFTY GAMES 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. The arbitrator shall not consolidate another person's claims with your claims, and shall not preside over any type of representative or class proceeding. 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. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
If you live in the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of Contra Costa, State of California, United States of America, and you and Nifty Games agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
If the arbitrator rules in your favor on the merits of any claim you bring against Nifty Games and issues you an award that is greater in monetary value than Nifty Games' last written settlement offer made before Nifty Games makes its final written submissions to the arbitrator, then Nifty Games will:
- Pay you 150% of your arbitration award, up to $5,000 USD over and above your arbitration award; and
- Reimburse the arbitration fees that you paid to the AAA.
- Changes to this Arbitration Agreement
Nifty Games will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes.
14. Embedded Content From Other Websites
Articles on www.niftygamesinc.com website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
15. Contacting Nifty
Policy questions may be forwarded to info[at]niftygamesinc[dot]com