Spry Fox Making Happiness

Alphabear 2 & Hustle Terms of Service

LAST REVISED: January 21, 2019

Thank you for your interest in Spry Fox LLC’s (“Spry Fox” or “we”) interactive games (“Games”). This Agreement sets forth the terms and conditions under which you are licensed to access the Games.

1. 1. LIMITED WARRANTY.  THE SPRY FOX GAME(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of the Spry Fox Network and the Game(s) remains with the user.
   2. LIMITATIONS OF LIABILITY.  Spry Fox, its subsidiaries and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Spry Fox Game(s). Spry Fox’s liability shall never exceed the total fees paid by you to Spry Fox during the six (6) months prior to your making a claim against Spry Fox.
   3. INDEMNITY. You hereby agree to defend and indemnify Spry Fox against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Spry Fox arising out of or from your use of the Spry Fox Network, Account or the Game(s), any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, and this Agreement. Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Spry Fox’s liability shall be limited to the fullest extent permitted by law.
   4. TERM AND TERMINATION.
      1. Term.  This Agreement is effective upon your first use of the Game(s), and shall remain in effect for as long as you continue to use the Game(s).
      2. Termination.
         1. You are entitled to terminate this Agreement at any time by notifying Spry Fox by email at support@spryfox.com.
         2. Spry Fox reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Spry Fox may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
         3. In the event of a termination of this Agreement, any right to any and all payments you may have made for pre-purchased game access to certain Games are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement.
   5. DISPUTE RESOLUTION.
      1. In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, this Agreement, you and Spry Fox agree to first attempt to negotiate any Dispute (except as set forth in Section 11(D) below) informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. Negotiations will begin upon receipt of written notice by the party raising the Dispute. Spry Fox will send its notice to your billing address, if that information is in Spry Fox’s possession, and e-mail you a copy to the e-mail address you have provided to us. You will send your notice to Spry Fox’s Designated Agent via the following email and physical mailing addresses: legal@spryfox.com and Thomas H. Buscaglia, Spry Fox General Counsel, 23133 Vashon Highway SW, Vashon, WA 98070.
      2. If a Dispute cannot be resolved through negotiations, either you or Spry Fox may elect to have the Dispute (except as set forth in Section 11(D) below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and Spry Fox’s ability to litigate claims in court and you and Spry Fox each agree to waive your respective rights to a jury trial.
         1. The arbitration shall be commenced and conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are available at the JAMS website ( http://www.jamsadr.com/ ). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.
         2. If, for any reason, JAMS is unable to provide the arbitration, you may file your Dispute with any national arbitration company under the Commercial Arbitration Rules of the American Arbitration Association.
         3. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of arbitrability, including where a party raises as a defense to arbitration that the claims in question are subject to one or more Exceptions to Negotiations and Arbitration in Section 11(D), below.
         4. Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the completion of the arbitration of the arbitrable issues. You or Spry Fox can request the stay be lifted upon a showing of prejudice.
         5. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures.
         6. 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. The decision of the arbitrator shall be final and binding on you and Spry Fox, and any award of the arbitrator may be entered in any court of competent jurisdiction.
         7. YOU UNDERSTAND THAT RESIDENTS OF THE UNITED STATES (AND POTENTIALLY RESIDENTS OF SOME OTHER JURISDICTIONS) WOULD, ABSENT THIS MANDATORY PROVISION, HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation. However, the arbitrator shall shift such fees and costs to ensure that you do not pay significant forum fees. In addition, you shall not be required to pay any type of fee or cost in arbitration that you would not have had to pay had you been free to file your claim in court. The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.
      3. You and Spry Fox agree that any arbitration or court proceeding shall be limited to the Dispute between Spry Fox and you individually. YOU ACKNOWLEDGE AND AGREE THAT:
         1. A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND SPRY FOX;
         2. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
         3. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.
         4. Any Dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then void, and any ongoing or future Dispute will be submitted to a court of competent jurisdiction within King County, in the State of Washington, United States of America, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or Spry Fox agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.
      4. You and Spry Fox agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration: (1) Any Dispute seeking to enforce or protect, or concerning the validity of, any of Spry Fox’s intellectual property rights; and, any claim within the jurisdictional limits of the small claims courts.
      5. Any arbitration shall be initiated in King County, in the State of Washington, United States of America. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within King County, in the State of Washington, United States of America, and you and Spry Fox agree to submit to the personal jurisdiction of that court.
   6. GOVERNING LAW.
      1. This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Washington, without regard to choice of law principles.
      2. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
      3. If you are a (1) Canadian resident who has (2) purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
      4. Users who access the Spry Fox Network from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
   7. GENERAL.
      1. The Game(s) may not be re-exported, downloaded or otherwise exported 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.
      2. Spry Fox may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Spry Fox’s prior written consent. Your assignment of this Agreement without Spry Fox’s prior written consent shall be void.
      3. Spry Fox’s failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Spry Fox may choose to waive a provision of this Agreement in regards to a particular instance; however, you are still obligated to comply with that waived provision in the future.
      4. Notices:
         1. If to Spry Fox. All notices given by you under this Agreement shall be in writing and addressed to Spry Fox’s Designated Agent via the following email and physical mailing addresses:
            • legal@spryfox.com
            • Thomas H. Buscaglia, Spry Fox General Counsel, 23133 Vashon Highway SW, Vashon, WA 98070
         2. If to You. All notices given by Spry Fox under this Agreement shall be given to you either through written notice, email, or website blog post. The form and instance in which Spry Fox may notify you is specified in our Privacy Policy, which can be reviewed at http://spryfox.com/legal-stuff/privacy-policy/
      5. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
      6. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.