The SCOREX, LLC
Effective Date: August 1, 2018
In accordance with the General Data Protection Regulation (GDPR), we will be breaking down, in plain language, identifiable information that we collect from you, why we need it, how it is used, and how it is protected.
Identifiable data that we collect includes
- Your email
- Your phone number
- Your device ID
- Your IP address
We need either an email or phone number to help you recover your account in case you forgot your password, and also to assist communication during customer service. We may use emails to send you marketing material from time to time. You can opt out of marketing material by clicking unsubscribe from any email we send you.
Device IDs and IP addresses are collected automatically by our servers to identify and block bad actors on our platform.
All of your personal identifiable data is passed to us through SSL encryption. Your data is stored in network-secured databases on our server. As we are a US-based company, our servers are located in the United States. Therefore, by using our services, you agree for your data to be processed in the United States.
We do not share your information with anyone else or use it for any purposes other than what is described here.
We keep this information for as long as you have an account with The SCOREX. You can ask for your account to be deleted at any time via email@example.com, at which point we eliminate all personal identifiable information from our servers permanently.
Other information we may automatically collect include:
- Your topics created on The SCOREX
- Your messages sent on The SCOREX
- Your photos sent through The SCOREX
- Your league information
- Information about how you use the app
We present this information in a place that is visible to other members of the app, as these interactions are core to how the app functions.
You have full ability to remove your personal messages, but removal of certain league information may be restricted as it can be detrimental the other users of the app.
Information regarding how you use the app is solely used internally to continuously improve the user experience of the product and to figure out if there was abuse within the app. This information is not given to any 3rd party outside of aggregate metrics of all users that cannot be used to personally identify your specific actions.
All use of the App is governed by this Agreement (including any future revisions of this Agreement). Any use of the App not in accordance with this Agreement is expressly prohibited.
- Eligibility. In order to register for the App, you must be an adult according to the laws of the jurisdiction (i.e. state or country, as the case may be) in which you reside. If you are not an adult, if you wish to use the App you must have a parent or guardian register for the App on your behalf. By registering for the App, you are making a representation to the SCOREX that you are an adult in the jurisdiction in which you reside and that you agree to this Agreement on behalf of yourself and, at your discretion, for one (1) minor child not under the age of 13 for whom you are a parent or guardian and whom you have authorized to use the account you create to use the App. In the event that you register a minor child not under the age of 13 to use the App, you hereby agree to this Agreement on behalf of yourself and such minor, and you understand and agree that you will be responsible for all uses of the App by the minor you register, whether or not such uses were authorized by you. In any event, the App is not designed for minors under the age of 13, and no minors under the age of 13 are permitted to use the App.
- Establishing an Account.
- During the registration process, you will also be required to select a password that is unique to your Account. You may not share the Account or your password with anyone except as expressly permitted under this Agreement. You are responsible for maintaining the confidentiality of your password, and you will be responsible for all uses of your password, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of your password, you must immediately notify the SCOREX by emailing info@theSCOREX.com. You acknowledge and agree that the SCOREX and all other persons or entities involved in the operation of the App will have the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your Account in connection with the operation of the App.
- Grant of a Limited Use Software License. THIS APPLICATION IS LICENSED, NOT SOLD. the SCOREX hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable software license to install the App on up to two (2) mobile devices owned by you or under your legitimate control (for example, your mobile phone and your tablet) at any one time, for your personal, non-commercial entertainment purposes only. You are permitted to transfer the App to another mobile device owned by you or under your legitimate control, provided you remove the App from the original device. Without limiting the foregoing, the license granted to you is subject to your compliance with the restrictions of use and obligations contained in Section 5. In addition, as further explained in Section 10, your right to use certain aspects of the App may be for a limited duration or may be terminated by the SCOREX.
- All rights and title in and to the App (including any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, and virtual currency), and any and all data and statistics generated by or in connection with the App, including without limitation, data and statistics generated as a result of your use of the App (“Data”), are owned by the SCOREX or its licensors and are protected by United States and international laws. The App may contain certain licensed materials, and the SCOREX's licensors may enforce their rights in the event of any violation of this Agreement. For clarity, the App is licensed to you; you will not obtain any ownership interest in the App.
- Without limiting any of the foregoing, you acknowledge and agree that you have no ownership or other property interest in the Account, or any other attributes associated with the Account or stored on the App or any part thereof, and you further acknowledge and agree that all rights in and to the Account are and will forever be owned by and inure to the benefit of the SCOREX. the SCOREX does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt will be null and void.
- Without limiting any of the foregoing, the SCOREX owns, has licensed, or otherwise has rights to all of the content that appears in the App. You agree that you have no right or title in or to any such content. The SCOREX does not recognize any virtual property transfers executed outside of the App or the purported sale, gift or trade in the "real world" of anything related to the App. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the App.
- Information and materials submitted to the SCOREX, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the App or the business of the SCOREX (collectively, "Feedback"), will be considered non-confidential and non-proprietary with regard to you, but the SCOREX reserves the right to treat any such Feedback as the confidential information of the SCOREX. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting Feedback to the SCOREX, for valuable consideration, you hereby irrevocably and unconditionally grant and assign to the SCOREX and its parent, subsidiaries, and affiliates, and its and their successors, assigns representatives and licensees (all together, “Assignees”): free of charge, all worldwide rights, title and interest in and to such Feedback, including without limitation all intellectual property and other rights in and to such Feedback. The Assignees will be entitled to use, sell, display, exploit, disclose, revise, and delete any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, in any manner and for any purpose whatsoever, including but not limited to developing, marketing and selling products and services using such Feedback, without restriction, without compensating you in any way and with or without identifying you as the creator of the Feedback. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy. You represent that you have all rights in the Feedback necessary to submit it and to grant and assign to the Assignees all right, title and interest in and to such Feedback. You further represent that the Feedback that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party.
- Limitations on Your Use of the App; Your Responsibilities.
- You agree that you will not (a) modify or cause to be modified any files that are a part of the App, including the Data; (b) copy, photocopy or reproduce the App (except as expressly permitted in this Agreement), (c) translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the App, or remove any proprietary notices or labels on the App; (d) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the App; or (e) use any software or other device that intercepts, "mines", or otherwise collects information (including Data) from or through the App or any aspect thereof. Notwithstanding the foregoing, you may update the App with authorized patches and updates distributed by the SCOREX. Failure to comply with the restrictions and limitations contained in this Section 5 will result in the immediate, automatic termination of the App and license granted hereunder and may subject you to liability.
- Without limiting the foregoing, the SCOREX reserves the exclusive right to create derivative works based on the App, including the Data. You may not create derivative works based on the App without the SCOREX’s prior written consent.
- You may not exploit the App or any of its parts, including the Data, for any commercial purpose, including use or display to others on the internet, at a convention, arcade, computer gaming center or any other location-based site, without the express written consent of the SCOREX. You may not rent, lease or license or otherwise provide access to the App to any other person.
- Only the SCOREX or its licensees have the right to host the App. You may not host, provide or develop matchmaking services for the App, or intercept, emulate or redirect the proprietary communication protocols used by the SCOREX in any way, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, tunneling, reverse engineering, modifying the App, adding unauthorized components to the App, or using a packet sniffer while the App is running. All connections to the App, whether created by the App or by tools and utilities, may only be made through methods and means expressly approved by the SCOREX. Under no circumstances may you connect, or create tools that allow you or others to connect, to the App's proprietary interface other than those expressly provided by the SCOREX for personal, non-commercial use.
- You may not disrupt or assist in the disruption of (a) any computer used to support the App; or (b) any other user’s App experience. ANY ATTEMPT BY YOU TO DISRUPT THE APP OR ANY PART THEREOF OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the App.
- Your Information.
- Definition. "Your Information" is defined as any information you provide to the SCOREX or other users: in the registration or transaction process; in any public area (including any member forums, message boards, blogs, and any public message area); through email; or through any other feature of the App. You are solely responsible for Your Information, the consequences of providing Your Information, and your reliance on any information in any public or other areas of the App, and the SCOREX merely acts as a passive conduit for your online distribution and publication of Your Information. In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share, including without limitation any discussions with others, in any online public area is by design open to the public and is not private. the SCOREX reserves the right, but will not be obligated, to record any dialogue or exchanges in the App. the SCOREX will have no responsibility for any actions taken, or failures to take action, with respect to the public areas of the App or any information provided. As with any public area on any website, Your Information may show up in third-party search engine results.
- Restricted Activities. Your Information may not:
- be false, inaccurate or misleading, including without limitation any misrepresentation of your identity, your age or your affiliation with any person or entity;
- be fraudulent or involve the impersonation of any person or entity;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- include any private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, false advertising or obscenity);
- be defamatory, trade libelous, harmful, threatening, unlawful, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or racially, ethnically or otherwise objectionable;
- be obscene or contain child pornography;
- intimidate or harass another;
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- involve the posting, transmission, sharing or otherwise making available of any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
- create liability for the SCOREX or the SCOREX’s representatives or cause the SCOREX to lose (in whole or in part) the services of the SCOREX’s distributors.
- License. Solely to enable the SCOREX to use the information you supply the SCOREX, so that the SCOREX is not violating any rights you might have in that information, you agree to grant the SCOREX, and hereby do grant the SCOREX, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable (through multiple tiers), and transferable right to exercise all rights you have in Your Information (including without limitation copyright and publicity rights), in any media now known or not currently known.
- Removal of Your Information. You understand and agree that the SCOREX may, but is not obligated to, review the App and may in the SCOREX’s sole discretion delete or remove (without notice) any of Your Information, for any reason or no reason, including Your Information that in the SCOREX’s sole judgment violates this Agreement or any other codes of conduct that the SCOREX may post from time to time, each of which are incorporated into and a part of this Agreement. You are solely responsible at your sole cost and expense for creating backup copies and replacing any of Your Information you post or store on the App or provide to the SCOREX.
- Your Materials.
- The App may allow you to upload, post, and/or distribute content through the App, subject to the following conditions:
- You understand that all user-submitted text (including without limitation user biographies and profiles), data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are found on the App are the sole responsibility of the person from whom the Materials originated. This means you, and not the SCOREX, are entirely responsible for the Materials you submit. Further, you understand that by using the App you may be exposed to Materials that are offensive, objectionable or indecent.
- You agree that all Materials you submit to the App will be the property of the SCOREX, and for valuable consideration, you hereby irrevocably and unconditionally grant and assign all worldwide rights, title and interest in and to such Materials, including without limitation all intellectual property and other rights therein and thereto, to the Assignees (as defined herein) free of charge, and you acknowledge and agree that the Assignees may use, sell, display, disclose, revise, delete, and otherwise exploit such Materials in any manner and for any purpose whatsoever, without compensation to you.
- You will not distribute through or otherwise publish or display through the App any Materials that are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; contain expressions of hatred, bigotry, racism or pornography, promote or otherwise refer to tobacco products, alcohol or illicit drugs; or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
- You represent that you have all rights in the Materials you submit to the App necessary to submit them and to grant and assign to the Assignees all right, title and interest in and to such Materials. You further represent that the Materials that you submit will not infringe the copyright, trademark, publicity/privacy right or other intellectual property or other right of any third party.
- You will not upload to, distribute through or otherwise publish through the App any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- You agree to indemnify and hold harmless the Assignees from and against any and all claims, liabilities and expenses (including without limitation reasonable attorneys’ fees) incurred by the Assignees in connection with any claim that you have breached or violated this Agreement.
- Information Control. We do not control the information provided by other users that is made available through our system. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the App. Also, although the SCOREX uses techniques to verify the age of our users when they register on the App, the SCOREX cannot and does not confirm each user's age with absolute certainty. So you should be aware that there are also risks of dealing with underage persons. Additionally, there may also be risks of dealing with people acting under false pretenses and dealing with international trade and foreign nationals. By using the App, you agree to accept such risks and that the SCOREX is not responsible for the acts or omissions of users of the App.
- Virtual Currency.
- The App includes a virtual, in-App currency ("Virtual Currency"). Virtual Currency may be obtained through gameplay within the App.. Virtual Currency is made available to you at the sole discretion of the SCOREX and may be discontinued at any time. Virtual Currency may never be redeemed with "real world" money, goods or other items of monetary value from the SCOREX or any other party.
- Virtual Currency is digital only. Your right to use any Virtual Currency that you obtain is limited to a non-exclusive, non-transferable, non-sublicenseable, revocable right to use such Virtual Currency solely for your personal entertainment and non-commercial use and for no other purpose. Except for the limited rights described herein, you have no property interest or right or title in or to any such Virtual Currency, which remains the exclusive property of the SCOREX. As stated above, the existence of a particular offer of Virtual Currency is not a commitment by the SCOREX to maintain or continue to make the Virtual Currency available in the future. The scope, variety and type of Virtual Currency that you may obtain can change at any time. the SCOREX has the absolute right to manage, regulate, control, modify or eliminate such Virtual Currency as it sees fit in its sole discretion, and the SCOREX will have no liability to you or anyone for the exercise of such rights.
- Except where explicitly authorized by the SCOREX, (i) transfers of Virtual Currency are strictly prohibited; (ii) outside of the App, you may not buy or sell any Virtual Currency for "real world" money or otherwise exchange items for value; and (iii) the SCOREX does not recognize any such purported transfers of Virtual Currency, nor the purported sale, gift or trade in the "real world" of anything that appears in the App. Any attempt to do any of the foregoing is a violation of this Agreement and will result in an automatic termination of your rights to use the Virtual Currency and may result in termination of your Account, a lifetime ban from the App and/or possible legal action. You agree that all sales of Virtual Currency are final. No refunds will be given, except in the SCOREX's sole and absolute discretion. All Virtual Currency is forfeited if your Account is terminated or suspended for any reason, in the SCOREX's sole and absolute discretion, or if the SCOREX discontinues providing the App.
- The SCOREX’s Absolute Right to Modify, Suspend, Terminate and/or Delete the Account.
- THE SCOREX MAY MODIFY, SUSPEND, TERMINATE, OR DELETE YOUR ACCOUNT AT ANY TIME WITH ANY REASON (INCLUDING WITHOUT LIMITATION DUE TO SUSPECTED CHEATING OR UNFAIR PLAY AND/OR HARRASSING OR INAPPROPRIATE BEHAVIOR) OR NO REASON, WITH OR WITHOUT NOTICE. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Agreement.
- Upon any termination or deletion of your Account due to your violation of this Agreement, any rights granted to you under this Agreement will automatically and immediately terminate. In such event, you must immediately and permanently destroy all copies of the App (including any user guides) and Content in your possession and control and remove the App and Content from your hard drive.
- Warranty Disclaimer. THE APP IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITATION, THE SCOREX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
- Limitation of Liability. NEITHER THE SCOREX NOR ITS AFFILIATES OR LICENSORS, NOR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THE FOREGOING, WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM OR OTHERWISE RELATING TO THE APP OR THE USE THEREOF. IN NO EVENT WILL ANY OF SUCH PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. If, notwithstanding the foregoing exclusions, it is determined that the SCOREX is liable for damages, in no event will the SCOREX's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) one hundred dollars ($100). You hereby agree to defend, indemnify and hold the SCOREX harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by the SCOREX arising out of or from your use of the App. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
- Export Controls. The App is subject to U.S. export controls and may not be re-exported, downloaded or otherwise exported without a license or into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Force Majeure. Without limitation to any other term of this Agreement, the SCOREX will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the SCOREX, including any failure to perform hereunder due to unforeseen circumstances or cause beyond the SCOREX's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- Acknowledgments. You hereby acknowledge and agree to the following:
- WHEN RUNNING, THE APP MAY MONITOR YOUR DEVICE’S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED PROGRAMS RUNNING CONCURRENTLY WITH THE APP. AN “UNAUTHORIZED PROGRAM” MEANS ANY SOFTWARE, INCLUDING ANY “ADDON,” “MOD,” “HACK,” “TRAINER,” OR “CHEAT,” THAT IN THE SCOREX'S SOLE DETERMINATION: (a) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (b) ALLOWS USERS TO MODIFY OR HACK THE APP INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY THE SCOREX; OR (c) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE APP. IN THE EVENT THAT THE APP DETECTS AN UNAUTHORIZED PROGRAM, THE APP MAY COMMUNICATE INFORMATION BACK TO THE SCOREX, INCLUDING YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED PROGRAM WAS DETECTED.
- WHEN THE APP IS RUNNING, THE SCOREX MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR DEVICE AND ITS OPERATING SYSTEM, INCLUDING YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S). YOU HEREBY CONSENT TO THE SCOREX’S USE OF SUCH INFORMATION FOR THE PURPOSES OF IMPROVING THE APP AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT.
- THE SCOREX MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE APP AND YOU CONSENT TO SUCH MONITORING OR LOGGING.
- You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to any network used to support the App.
- the SCOREX may deploy or provide patches, updates and modifications to the App that must be installed for you to continue to use the App. You hereby grant to the SCOREX your consent to deploy and apply such patches, updates and modifications the SCOREX, including remotely updating the App residing on your device.
- Equitable Remedies. In the event that you breach this Agreement, you hereby agree that the SCOREX would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that the SCOREX will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as the SCOREX may otherwise have available to it under applicable laws.
- Dispute Resolution and Governing Law.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and the SCOREX agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to the SCOREX. the SCOREX’s address for such notices is the SCOREX, LLC., 927 Village Pkwy, Coppell, Texas, 75019 or info@theSCOREX.com.
- Binding Arbitration. If you and the SCOREX are unable to resolve a Dispute through informal negotiations, either you or the SCOREX may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. If you are a resident of the United States, the arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), which is available at the JAMS website com. If you reside outside the United States, the arbitration will be commenced and conducted under the WIPO Expedited Arbitration Rules, which are available at the WIPO website www.wipo.int. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Rules (and, where appropriate, limited by the JAMS Consumer Rules) or by the WIPO Expedited Arbitration Rules, as applicable. If such costs are determined by the arbitrator to be excessive, the SCOREX 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 will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The prevailing party will be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party. Except as otherwise provided in this Agreement, you and the SCOREX may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Exceptions to Alternative Dispute Resolution. You and the SCOREX agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or the SCOREX’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. In the event any action is brought by either party pursuant to this Section 18.3, the Dispute will be decided by a court of competent jurisdiction within San Francisco, California, USA, and you and the SCOREX agree to submit to the personal jurisdiction of that court. In addition, the prevailing party in such action will be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
- Restrictions. You and the SCOREX agree that any arbitration will be limited to the Dispute between the SCOREX and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. If you reside outside the United States, any arbitration will be initiated in San Francisco, California, USA. You and the SCOREX agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), the California state and Federal courts located in San Francisco, California, USA have exclusive jurisdiction and you and the SCOREX agree to submit to the personal jurisdiction of such courts.
- Governing Law. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the USA and the Commonwealth of Massachusetts, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
- Severability. You and the SCOREX agree that if any portion of this Section 18 is found illegal or unenforceable (except any portion of Section 3), that portion will be severed and the remainder of the Section will be given full force and effect.
- Exception - Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these terms. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
- 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration," "Location," and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: The SCOREX, LLC., 927 Village Pkwy, Coppell, TX 75019, Attn: The SCOREX, Legal. The notice must be sent within 30 days of the earlier of your first download of the applicable Game or commencing use of our Services (or if no purchase was made, then within 30 days of the earliest of the date on which you first download the applicable Game or access or commence use the applicable Service); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
- 21.8 Changes to this section: We will provide 60-days' notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
JURISDICTION AND APPLICABLE LAW
Our Games and other Services are made available subject to these terms. This section explains which laws apply to these terms.
22.1 For residents in the United States. If you are resident in the United States then you are contracting with The SCOREX, LLC, whose address is 927 Village Pkwy, Coppell, TX 75019, and any and all claims arising out of or relating to these terms (including their interpretation, claims for breach and all other claims (including consumer protection, unfair competition, and tort claims)), the parties’ relationship with each other and/or your use of our Games or other Services will be subject to the laws of the State of Texas, without reference to conflict of laws principles. If any court or arbitrator determines that the “Class Action Waiver" paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of these terms (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you downloaded, accessed or commenced use of the Service that was subject to these terms. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in San Francisco, California to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.