Effective June 23, 2021
IMPORTANT NOTICE: FOR CANADIAN AND USA PLAYERS, AS DESCRIBED BELOW, DISPUTES BETWEEN YOU AND KOOLHAUS MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS UNLESS AN EXCEPTION APPLIES. For more details, go to Section 15 (Arbitration and Class Action Waiver).
Koolhaus’ mission is to deliver fun, social entertainment experiences to individuals and connected individuals everywhere.
Please read these Terms of Service and our Privacy
Policy before using Koolhaus’ services and conditions that apply when you
use our Services (described below). When you use our Services, you agree to be
bound by these terms and conditions. If you do not agree to all the terms
and conditions, you must not use our Services.
“Koolhaus,” or “we,” “our,” or “us” in these Terms of Service means Koolhaus Games Inc.. Koolhaus Games Inc. is located at P.O. Box 5087 VMPO, Vancouver, B.C. Canada V6B 4A9. In all cases, “Koolhaus Games Inc.”, “Koolhaus,” “we,” “our,” or “us” includes agents, consultants, employees, officers, and directors.
“Account” means an account you create when you access the Services.
“Community Rules” means the rules of conduct that govern your interaction with our Services and other players, which can be found here. Community Rules.
“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty
programs that we may publish, which apply to your use of those specific services and state they are part of these Terms.
“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that Koolhaus may offer from time to time to certain eligible players.
“Terms of Service” or “Terms” means these terms of service.
“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.
“Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and (b) virtual in-game items.
“Koolhaus Affiliates” refers to the Koolhaus Games Inc. owned companies plus Koolhaus’ third-party content providers, distributors, licensees, or licensors.
1.2 CHANGES TO THESE TERMS:
1.3 ACCOUNT INFORMATION AND SECURITY
1.4 USING OUR SERVICES:
1.4.1 Additional Important Rules and Terms:
If you use our Services, you must follow the Koolhaus Community Rules and all other feature terms that may apply. These additional rules and terms apply in addition to these Terms and are important. Please read them. If you access the Services from a social network, such as Facebook, or download the Services from another platform, such as Apple or Google, you must also comply with that third parties terms of service/use as well as these Terms.
1.4.2 Accessing our Services:
To access or play our games or create an Account with us, you may need an account with a social network, like Facebook, and, if you are using our mobile Services, an account with the company that provides your mobile applications, like an Apple iTunes account. You may need to update third-party software from time to time to receive the Services and play Koolhaus’ Games. We provide the games and other Services. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.
1.4.3 Service Changes and Limitations:
OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. This does not apply to users located in the EEA. If you are located in the EEA, we will endeavor to give you at least one month’s notice of any material changes before they take effect, and if you are unhappy with those changes, you can choose to cancel your Services under these Terms.
1.4.4 Deleting your Account:
1.5 OWNERSHIP - LIMITED LICENSE:
Games and Services: The Services are comprised of works that are owned or licensed by Koolhaus, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services. So long as you abide by these Terms and any other rules, including the Community Rules and any feature terms, you may use the Services subject to these Terms, for your own non-commercial, entertainment purposes. You agree not to use the Services for any other purpose and agree that Koolhaus will have no liability to you for any damage or loss arising from unauthorized uses. If you breach these Terms, or any of our other terms that apply to you, we may take action against you, up to and including terminating your account. In addition, you may be breaking the law, including breaches or violations of Koolhaus’ intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY KOOLHAUS GAME, IS A BREACH OF KOOLHAUS POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
1.5.1 Your Account and Virtual Items:
Regardless of any other statement in these terms, the Community Rules, or any feature terms that apply to features you may choose to use, you do not own any Account that you create on our Services, including in our games, and your Account is not your property. Likewise, you do not own any Virtual Items that you obtained through our Services, regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related Virtual Items are owned by Koolhaus. Koolhaus gives you a limited license and right to use your Account and the related Virtual Items while we offer the Services. TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (FOR EXAMPLE: NOT LOGGED INTO) FOR 180 DAYS. You are not allowed to transfer Virtual Items outside of the Services (i.e., in the “real world”), for example by selling, gifting, or trading them. Koolhaus does not recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.
1.5.2 User Content:
Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (such as the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms, our Community Rules, or any applicable feature terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or
1. 6 MONITORING USE OF SERVICES AND USER CONTENT:
1.7 YOUR INTERACTIONS WITH OTHER PLAYERS:
You are responsible for your interactions with other players. If you have a problem with another player, we are not required to get involved, but we can if we desire. If you have a dispute with another player, you release Koolhaus and all Koolhaus Affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. This does not apply to users located in the EEA. If you are located in the EEA, your liability vis-à-vis Koolhaus is as set forth by the law applicable in the country where you reside. As part of the Services, we may offer you the opportunity to play with your friends or other matched opponents. To ensure that you always have available opponents at the right skill level, some of these matched opponents may be auto-generated players that look and play like real people. If you are located in California, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” We may allow you to use the Services to initiate SMS or MMS text messages to your friends, family, or other players. You are not required to send such text messages, you are solely responsible for them, and you understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that Koolhaus does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you represent and warrant to us that the recipients of the text messages have appropriately consented to receive the text messages.
1.8 PAYMENT TERMS:
We provide a service in the form of access to games, Virtual Items, and our other Services. In the Services you may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services.
1.8.1 How it Works:
You obtain a limited license and right to use Virtual Items by visiting the purchase page in one of our games or services and provide billing authorization through the platform on which you are playing (i.e., Facebook, Apple, Google). When you make a purchase the payment page will let you know what payment methods you can use to pay when you make your purchase. The price of the product will be the price indicated on the order page when you place your order. Please check that the details in the confirmation message are correct as soon as possible and keep a copy of it for your records. When you purchase Virtual Items in our games on platforms such as Facebook, Apple, or Google, Koolhaus is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license. ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT KOOLHAUS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY ON PLATFORMS SUCH AS APPLE, GOOGLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES. PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
1.8.2 ADDITIONAL PAYMENT TERMS:
You agree to pay all fees and applicable
taxes incurred by you or anyone using an Account registered to you. Koolhaus
may revise the pricing for the goods and services it licenses to you through
the Services at any time.
1.8.3 BILLING SUPPORT:
For billing support, please contact Apple or Google or your platform provider as the case may be.
1.9 PROMOTIONS AND OFFERS:
From time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms. In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept, any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except in our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.
1.10 THIRD-PARTY ADVERTISING:
1.11 COPYRIGHT NOTICES/COMPLAINTS:
We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the CANADIAN COPYRIGHT ACT, THE US DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”), THE E-COMMERCE DIRECTIVE and associated legislation in the EU, and similar or equivalent other local laws that may apply. For more information, please go to Koolhaus’ Copyright Page to review our Notification Guidelines. We reserve the right to terminate any player’s access to the Services and, in our sole discretion, delete their Account, if we determine that the player is a “repeat offender.” We do not have to notify the player before we do this.
1.12 FEEDBACK AND UNSOLICITED IDEAS:
We may request your feedback on certain
features through a promotion or our customer insights program. You are not
obliged to respond to our request. Any feedback you provide at our request
through a promotion or program is subject to the rules of the specific
promotion or program. And any idea, information, or feedback you submit to us
voluntarily is subject to our Unsolicited
1.13 AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER:
Koolhaus and Koolhaus Affiliates make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons at any time and for any reason without informing you ahead of time. USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW. KOOLHAUS AND KOOLHAUS AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. KOOLHAUS AND KOOLHAUS AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. If your province, state or country does not allow these disclaimers, they do not apply to you. If your province, state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.
1.14 LIMITATIONS; WAIVER OF LIABILITY:
YOU ACKNOWLEDGE THAT KOOLHAUS AND KOOLHAUS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES. THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES. TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE). TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF KOOLHAUS AND/OR KOOLHAUS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID KOOLHAUS, THE KOOLHAUS AND/OR KOOLHAUS AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID KOOLHAUS, OR ANY KOOLHAUS AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KOOLHAUS AND/OR ANY KOOLHAUS AFFILIATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT. Some provinces, states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. These limitations/exclusions apply fully to New Jersey residents.
These limitations/exclusions to do not apply to users located in the EEA. For those users, if Koolhaus fails to comply with these Terms, Koolhaus is responsible for loss or damage you suffer that is a foreseeable result of Koolhaus’ breach of these Terms or is a result of Koolhaus’ negligence, but Koolhaus is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Koolhaus at the time we entered into these Terms.
1.15 ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: (THIS SECTION ONLY APPLIES TO PLAYERS IN CANADA AND THE USA)
If you are having a problem with the Services, many issues can be resolved on one of our player forums. Before bringing a formal legal case, you must first contact our Customer Support team at email@example.com or in writing by registered mail to Customer Support, Koolhaus Games Inc., P.O. Box 5087 VMPO, Vancouver, B.C. Canada, V6B 4A9. In the event that you and Koolhaus can’t resolve the dispute through Customer Service, you and Koolhaus both agree to arbitrate as described below.
1.15.1 You and Koolhaus Both Agree to Arbitrate:
By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you and Koolhaus mutually agree to the fullest extent permitted by law to resolve any claims arising out of, relating to, or in connection with the Terms, Feature Terms, Community Rules, your relationship with us, or Koolhaus’ Services, including but not limited to your use of the Services and information you provide via the Services, through final and binding arbitration. This applies to all claims under any legal theory, unless the claim fits within the Exceptions to Agreement to Arbitrate identified below. This agreement to arbitrate also applies even after you stop using your Koolhaus account or delete it. (In this Section 15 and in Section 17, you, Koolhaus, and any Koolhaus Affiliate may be referred to individually as “a party” or collectively as “the parties.”) An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so by voluntarily accepting these Terms, you, Koolhaus, and any Koolhaus Affiliate all agree to give up the right to a trial before a judge and jury. Arbitrations have different rules from lawsuits in court. They are less formal than lawsuits in courts and provide limited opportunities to force the other side to share information relevant to the dispute, a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, except as limited by these Terms. But, if any party does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If any party disagrees about whether this Section 15 (or any portion of this Section 15, including without limitation the provisions relating to arbitration, class action waiver, and opting out) can be enforced or whether it applies to the dispute, the parties all agree that a court will have sole authority to decide those issues. If a court determines that any provision under the heading “No Class Actions” or “Related Claims” is not enforceable or valid, then the entire Section 15 (Arbitration and Class Action Waiver) will be null and void (i.e., go away). But the rest of the Terms, Feature Terms, and Community Rules will still apply. In addition, if you, Koolhaus, or a Koolhaus Affiliate member brings a claim in court that should be arbitrated, or any party refuses to arbitrate a claim that should be arbitrated, any other party can ask a court to force the parties to go to arbitration to resolve the claim (i.e., compel arbitration). You, Koolhaus, or the Koolhaus Affiliate member may also ask a court to halt a court proceeding (i.e., stay the court proceedings) while an arbitration proceeding is ongoing.
1.15.2 The Arbitration Process:
The Commercial Arbitration Board of British Columbia, Canada (“CABBC”) will control any arbitration between you and Koolhaus or the Koolhaus Affiliate and CABBC’s then-current rules and procedures, including the Consumer Arbitration Rules, will be used. You can look at CABBC’s rules and procedures on their website at https://vaniac.org. If something in these Terms is different from CABBC’s rules and procedures, then the parties agree to follow these Terms instead. To start an arbitration proceeding, use the form on CABBC’s website (https://vaniac.org). If you reside outside of the Canada, arbitration may take place in the county where you reside at the time of filing. If you reside in the Canada, arbitration shall be initiated in the Province of British Columbia. You and Koolhaus further agree to submit to the personal jurisdiction of any federal or provincial court in Vancouver, British Columbia, Canada in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Koolhaus agrees that to initiate any arbitration claim against you with the CABBC, Koolhaus must include the following information in addition to what is required by the CABBC: (1) identifying information linked to any and all your Koolhaus accounts that it can identify (past or present), including Koolhaus IDs, Facebook IDs, and email addresses and (2) a specific explanation of how Koolhaus believes it was harmed by your conduct and the facts supporting its claim for monetary relief. You agree that to initiate any arbitration claim against Koolhaus with the CABBC, you must include the following information in addition to what is required by the CABBC: (1) identifying information linked to any and all your Koolhaus accounts that you can identify (past or present), including Koolhaus IDs, Facebook IDs, and email addresses and (2) a specific explanation of how you believe you were harmed by Koolhaus’ conduct and the facts supporting your claim for monetary relief. You and Koolhaus agree to appear (in person or remotely by telephone, video conference, or other live electronic communication) for any hearing unless you and Koolhaus later agree otherwise. Payment of all filing, administration, and arbitrator costs and expenses will be
governed by the CABBC Consumer Arbitration Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Koolhaus will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to CABBC Consumer Arbitration Rules, you agree to reimburse Koolhaus for all such cost and expenses that Koolhaus paid and that you would have been obligated to pay under the CABBC rules.
In the event that the CABBC is unable to appoint an arbitrator to any claim brought by you or Koolhaus, either party may apply to a provincial or federal court in Vancouver, British Columbia for appointment of an arbitrator. Any arbitrator appointed by a court shall conduct the arbitration in conformity with CABBC rules and procedures (including those concerning costs and expenses), except where these Terms provide otherwise.
1.15.3 Related Claims:
The parties agree that, in the event that multiple claims are filed with the CABBC that arise from the same or substantially similar transactions, incidents, or events (“Related Claims”), those arbitration claims (whether brought against Koolhaus or you) will be processed by the CABBC individually, and in the order they are filed. The parties agree that CABBC may not accept any Related Claim for arbitration, or charge any filing fees for a Related Claim, until any earlier-filed Related Claim(s) have been accepted for arbitration and an arbitrator appointed to the Related Claim(s). If multiple Related Claims are filed at the same time, the parties agree that the claims will be processed individually in an order to be determined by the CABBC, and that CABBC will not accept any such Related Claim for arbitration or charge any filing fees for such Related Claim, until an arbitrator has been appointed to any Related Claim(s) deemed to be prior in order. In order to ensure the impartiality and independence required of an arbitrator under the CABBC rules, the parties agree that an arbitrator may not be appointed to adjudicate a claim if the arbitrator is involved in any Related Claims.
1.15.4 Exceptions to Agreement to Arbitrate:
The parties all agree that they will go to court to resolve disputes relating to your, Koolhaus’ intellectual property (for example, trademarks, domain names, trade secrets, copyrights, or patents); Relating to any violation of the Community Rules; Where the sole form of relief sought is injunctive relief; or Within the jurisdiction of small claims courts. The parties agree not to pursue injunctive relief in arbitration, which must be sought in court. If a party has a dispute in which they seek to obtain both injunctive and other forms of relief, the party must go to court to seek injunctive relief and must arbitrate to seek other forms of relief.
For more information about which court the parties can go to for resolving these types of disputes, see Section 17 (Venue for Legal Disputes Not Subject to Arbitration).
1.15.5 No Class Actions:
By voluntarily accepting these Terms (and in many of our Services by voluntarily clicking or tapping an in-game button to affirmatively indicate your agreement to these Terms), you and Koolhaus all agree that the parties can only bring a claim against each other on an individual basis.
1.15.6 That means:
The parties agree that neither you nor Koolhaus can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The parties agree that the arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class, or representative arbitration proceeding (unless the parties all agree to change this). The parties agree that the arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Koolhaus players, and cannot be used to decide other disputes with other players.
1.15.7 Opting out of the Arbitration and Class Action Waiver:
You have the right to opt out and not be bound by the arbitration and class action waiver provisions in this Section 15 by sending us written notice of your decision to opt out through Customer Support or by physical mail as stated in Notices. The notice must be sent within thirty (30) days of your first use of the Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section 15. If you opt out of these arbitration provisions, Koolhaus also will not be bound by them.
1.15.8 Changes to Section 15 Arbitration and Class Action Waiver:
We will give you 60-days’ notice by email or through the Services if we change this Section 15 on our Arbitration and Class Action Waiver. If this subsection on “Changes to Section 15 on Arbitration and Class Action Waiver” is found to not be enforceable or valid, then this subsection shall be severed from Section 15, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
This Section 15 shall survive termination of these Terms.
1.16 APPLICABLE LAW
Regardless of where you are located, whether in Canada or outside, you agree that these Terms affect inter provincial commerce and that the Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of Section 15 (Arbitration and Class Action Waiver). In addition, these Terms and our relationship will be governed by British Columbia, Canada law, except for its conflicts of laws principles.
1.17 VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION:
If you are located in the Canada, judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in provincial or federal court in Vancouver, British Columbia, unless the parties agree to some other location. You and Koolhaus all consent to venue and personal jurisdiction in Vancouver, British Columbia. If you are located anywhere other than the Canada, judicial proceedings must be brought in a court of competent jurisdiction in the state or province where you are habitually resident (“Applicable Jurisdiction”), unless the parties all agree to some other location. You and Koolhaus all consent to venue and personal jurisdiction in the Applicable Jurisdiction.
1.18 SEPARATION OF TERMS:
Each of the paragraphs of these Terms operates separately. Except as described in Section 15 under the “No Class Actions” heading, if any part of these Terms, Feature Terms, or Community Rules is not enforceable, the rest of these Terms, Feature Terms, and Community Rules still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.
We may give our rights, or our obligations, under these Terms, Feature Terms, or Community Rules to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, or Community Rules to anyone without first receiving Koolhaus’ written consent, and any attempt to do so without Koolhaus’ consent is void.
1. 20 ENTIRE AGREEMENT:
These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. This provision does not apply to users located in the EEA.
1.21 LANGUAGE OF THE TERMS:
1.22 NO WAIVER:
If we do not enforce our rights under these Terms, Feature Terms, or Community Rules, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, Feature Terms, or Community Rules, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
If we have to give you notice of something according to the Terms, Feature Terms, or Community Rules, we may notify you by posting a message on www.BattleRally.com or in the Koolhaus game(s) you play, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us. If you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and addressed to Koolhaus Inc., Attn: LEGAL DEPARTMENT, P.O. Box 5087 VMPO, Vancouver, B.C. V6B 4A9, unless we have provided a more specific way of notifying us.
1. 24 FORCE MAJ EURE:
We are not liable for any changes or problems out of our control, including but not limited to changes or problems caused by natural disasters, war, terrorism, server outages or disruptions, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. This provision does not apply to users located in the EEA.