Term of Service

Effective from: January 31, 2024

The contract terms (“Terms of Use”) govern the relationship between you and PYDIR, a product of J.B.N., a German company based at Arsterdamm 42a, 28277 Bremen, Germany, regarding your use of the games, shops, websites, and related services offered by PYDIR, a product of J.B.N. (referred to as “Services”). The use of the service is also governed by the PYDIR, a product of J.B.N., Privacy Policy, and other relevant policies referenced herein and forming part of this agreement.

Before accessing the service or using the service, including visiting a PYDIR, a product of J.B.N., website or accessing a game, you must agree to these terms of use and the privacy policy. To use the services, you need to create an account (referred to collectively as “Account”). These accounts include, for example, game accounts and PYDIR, a product of J.B.N., IDs. By using or creating an account or otherwise using the service, you confirm that you have reached the minimum age in your region. If not, a guardian must read and agree to these terms of use on your behalf.

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, INSTALLATION, USE, OR OTHERWISE ACCESS TO THE SERVICE IS NOT PERMITTED. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

IMPORTANT NOTICE: Residents of Canada and the United States also agree that disputes with PYDIR, a product of J.B.N., shall be individually, finally, and conclusively resolved as described in Section 8 (“Dispute Resolution”).

PYDIR, a product of J.B.N., reserves the right to change, modify, add, or remove parts of these terms of use, its privacy policies, and other relevant PYDIR, a product of J.B.N., policies at its discretion by posting the new version of the terms on the service. Your continued use of the service constitutes your implicit consent to these changes. If at any time you disagree with any part of the then-current version of our terms of use, the privacy policy of PYDIR, a product of J.B.N., or any other policies, rules, or codes of conduct of PYDIR, a product of J.B.N., governing your use of the service, your license to use the service will terminate immediately, and you must cease using the service immediately.

 

1. Use of the Service

1.1. Your Right to Use the Service

Subject to your consent and continuous compliance with these terms of use and any other relevant PYDIR, a product of J.B.N., policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to use the service for your non-commercial entertainment purposes under the following provisions. You agree not to use the service for any other purposes.
The following restrictions apply to the use of the service:

  • You are fully responsible for any unauthorized use of the service by children. You are responsible for any use of your credit card or other payment system (such as PayPal) by children.
  • You are not allowed to sell, rent, or otherwise transfer your account, create an account with false identity, false information, or for anyone other than yourself; you may not use the service if your account has already been removed by PYDIR, a product of J.B.N., or if you have been banned from playing any PYDIR, a product of J.B.N., game.
  • You are not allowed to use the service for advertising, support any form of advertising, or distribute it; this includes sending chain letters, junk or spam emails, or repetitive or misleading messages.

Information on Registration and Your Account

You may need to choose a password for your account or may also use other login credentials to access the account (“login information”). You may not disclose the account or login information to others, allow anyone access to your account, or otherwise compromise the security of your account. If you become aware of any security breach, such as loss, theft, or unauthorized disclosure of login information, or if there are reasonable grounds to suspect such a breach, you must promptly inform PYDIR, a product of J.B.N., and change your login information. You are solely responsible for maintaining the confidentiality of the login information and for all uses of the login information until PYDIR, a product of J.B.N., is informed, including purchases, whether authorized by you or not. You are responsible for all actions taken through your account until PYDIR, a product of J.B.N., is informed.
PYDIR, a product of J.B.N., reserves the right to remove or reclaim any username at any time and for any reason, especially if a third party asserts claims regarding the infringement of its rights concerning the username.

Limitations on Use

Any use of the service that violates these usage restrictions is strictly prohibited and may result in the immediate withdrawal of your limited right and expose you to claims for infringements.
You agree that under no circumstances will you:

  • Take any action that violates these terms of use or misuse of the customer service of PYDIR, a product of J.B.N.
  • Use cheats, exploits, automatic programs, emulators, bots, hacks, mods, or any other unauthorized software designed to alter or affect the service, PYDIR, a product of J.B.N., games, or PYDIR, a product of J.B.N., gaming experiences, or participate in such use (directly or indirectly).
  • Modify or cause to be modified files that are part of the service or a PYDIR, a product of J.B.N., the game without express written permission from PYDIR, a product of J.B.N.
  • Disrupt, impair, or engage in any behavior during the use of a service or playing a PYDIR, a product of J.B.N., the game that negatively affects the user experience of others. This includes win trading and any other form of manipulating rankings, exploiting service errors to gain an unfair advantage over other players, and any other action that intentionally abuses or goes against the design of the service.
  • Disrupt, overload, or assist in disrupting or overloading computers or servers used to provide or support the service or a PYDIR, a product of J.B.N., game environment.
  • Initiate any kind of attack or other actions that disrupt the service itself, its use, or the enjoyment of the game by others, contribute to it, or otherwise participate in it, especially through the distribution of viruses or denial-of-service attacks.
  • Attempt to gain unauthorized access to the service, others’ accounts, or computers, servers, or networks connected to the service by means other than those provided by PYDIR, a product of J.B.N., for user access, such as bypassing or modifying, attempting to bypass or modify, encouraging or assisting others in bypassing or modifying any security measures, technologies, equipment, or software that are part of the service.
  • Publish content via the service that is abusive, threatening, obscene, demeaning, defamatory, racist, sexist, pornographic, offensive, religious, or otherwise objectionable or unlawful.
  • Publish content via the service that displays excessive violence, radical propaganda, or other offensive material, or contains links to such content.
  • Harass, abuse, harm, or advocate or incite harassment, abuse (e.g., bullying), or other violations against other individuals or groups, including PYDIR, a product of J.B.N., employees, or attempt to do so.
  • Make available content through the service that violates any copyright, trademark, patent, trade secret, right to privacy, right to publicity, or any other right of a third party, including PYDIR, a product of J.B.N., employees.
  • Reconstruct (so-called reverse engineering), decompile, disassemble, decrypt, or otherwise attempt to derive the source code of any underlying software or other intellectual property used to provide the service or a PYDIR, a product of J.B.N., game, or obtain information about the service through methods not expressly permitted by PYDIR, a product of J.B.N.
  • Request or attempt to obtain login information or other login data or personal information from other users of the service or a PYDIR, a product of J.B.N., game.
  • Collect or publish private information of anyone, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the service.
  • Uses of PYDIR, a product of J.B.N., game for gambling, betting, or similar activities where prizes or rewards (directly or indirectly) can be won, including betting on the outcome of games in which you participate as a player, regardless of whether this is associated with a fee or stake or not.
  • Use the service in a manner that would violate export controls, anti-money laundering provisions, economic sanctions, or similar laws or regulations. This includes, without limitation, the sanctions, laws, and regulations of the United States of America and/or the European Union.

PYDIR, a product of J.B.N., reserves the right to determine what behavior it deems to violate the usage rules or otherwise fall outside the intent or spirit of these terms of use or the service itself

PYDIR, a product of J.B.N., reserves the right to take appropriate action in the event of a culpable violation of the terms of use, which may include termination of your account and prohibition from using the service.

1.2. Account Blocking and Termination of Account and Service

WITHOUT LIMITING OTHER RIGHTS, PYDIR, A PRODUCT OF J.B.N., MAY LIMIT, BLOCK, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OF PYDIR, A PRODUCT OF J.B.N., OR PARTS THEREOF WITHOUT NOTIFYING YOU IF YOU ACTUALLY OR SUSPECTED VIOLATE THESE TERMS OF USE OR ENGAGE IN ACTUAL OR SUSPECTED UNLAWFUL OR UNAUTHORIZED USE. IN THE EVENT OF A VIOLATION AND RELATED ACCOUNT ACTIONS, YOU MAY LOSE YOUR USERNAME AND CHARACTER AS WELL AS VIRTUAL BENEFITS, AND PRIVILEGES, AND ACQUIRE AND PURCHASE VIRTUAL ITEMS OBTAINED THROUGH THE USE OF THE SERVICE. PYDIR, A PRODUCT OF J.B.N., IS NOT OBLIGATED TO COMPENSATE YOU FOR SUCH LOSSES.

WITHOUT LIMITING OUR OTHER RIGHTS, WE MAY RESTRICT, BLOCK, OR TERMINATE THE SERVICE AND ACCOUNTS OR PARTS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES AS WELL AS THEIR CONTENTS, SERVICES, AND PROGRAMS, RETAIN OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL MEASURES TO PREVENT USERS’ ACCESS TO THE SERVICE IF WE BELIEVE THAT THEY CREATE RISKS, TRIGGER LEGAL LIABILITY, INFRINGE THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, OR VIOLATE THE LETTER OR SPIRIT OF OUR TERMS AND POLICIES. WE MAY ALSO PERMANENTLY BLOCK OR TERMINATE ACCOUNTS OF USERS WHO REPEATEDLY INFRINGE COPYRIGHTS OR OTHER THIRD-PARTY RIGHTS.

PYDIR, A PRODUCT OF J.B.N., RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

PYDIR, A PRODUCT OF J.B.N., RESERVES THE RIGHT TO DISCONTINUE THE PROVISION OR SUPPORT OF THE SERVICE OR A PARTICULAR GAME OR PARTS OF THE SERVICE AT ANY TIME. IN SUCH CASE, PYDIR, A PRODUCT OF J.B.N., IS NOT OBLIGATED TO PROVIDE REFUNDS, BENEFITS, OR COMPENSATION TO USERS UNDER SUCH DISCONTINUED SERVICES. TERMINATION OF YOUR ACCOUNT MAY RESULT IN YOUR ACCESS TO THE SERVICE OR PART OF IT BEING NO LONGER AVAILABLE; THIS ALSO APPLIES TO CONTENT THAT YOU OR OTHERS HAVE SUBMITTED.

You may terminate your account at any time without stating reasons by following the procedure described on our support page at https://pydir.com/contact-us/ and informing PYDIR, a product of J.B.N., of your desire to terminate.

2. Ownership

2.1. Games and Service

PYDIR, a product of J.B.N., holds all rights, titles, and claims related to and in connection with the service (especially computer or software codes, melodies, physical and virtual items, characters, character names, stories, dialogues, taglines, concepts, illustrations, animations, sounds, music compositions, audiovisual effects, methods, moral rights, documentation, in-game chat logs, character profile information, records of games played using a PYDIR, a product of J.B.N., game client [software that connects to the game server], as well as PYDIR, a product of J.B.N., game clients and server software). PYDIR, a product of J.B.N., reserves all rights related to and in connection with its games and the service, especially all copyright and industrial property rights as well as other proprietary rights and protection rights.

2.2. Accounts

NOTWITHSTANDING ANY OTHER PROVISIONS HEREIN, YOU ACKNOWLEDGE AND CONFIRM THAT YOU DO NOT HAVE ANY OWNERSHIP OR OTHER RIGHTS TO THE ACCOUNT; FURTHERMORE, YOU ACKNOWLEDGE AND CONFIRM THAT ALL RIGHTS RELATING TO THE ACCOUNT ARE AND SHALL REMAIN UNLIMITEDLY IN THE POSSESSION OF PYDIR, A PRODUCT OF J.B.N., AND SERVE THE USE OF PYDIR, A PRODUCT OF J.B.N.

2.3. Virtual Content

PYDIR, a product of J.B.N., holds all rights to the service (including all content) to provide you with the service in accordance with these terms of use. Notwithstanding any contrary provisions, you confirm that you have no or only limited (derivative) rights or titles to or in connection with the content appearing in the service. This includes virtual items, content, features, goods, services, and currencies originating from or appearing in a PYDIR, a product of J.B.N., game, regardless of whether they are earned in a game or acquired from PYDIR, a product of J.B.N., or any other attributes associated with the account or stored in the service.

3. User Content

3.1. Submission of User Content

“User Content” includes all communications, images, sounds, and any content, data, and information that you upload or transmit through a PYDIR, a product of J.B.N., game client (as mentioned in section 2.1 above) or the service, or that other users upload or transmit, especially chat text. By submitting or providing User Content during the use of the service, you represent and warrant that such submission or provision is (a) accurate, not confidential, and not misleading; (b) does not violate any laws, contractual restrictions, or rights of third parties, and that you have the permission of all such third parties whose personal data or protection rights are included or affected by the content; (c) free from viruses, malware (adware), spyware, computer worms, or other malicious code; and (d) you acknowledge and agree that all your personal data contained in such content may be processed by PYDIR, a product of J.B.N., at any time in accordance with the privacy policy.

3.1.1. Content Review

PYDIR, a product of J.B.N., does not take responsibility for the actions of users providing User Content and is not responsible for reviewing the service for inappropriate content or behavior. We cannot and will not review or monitor all User Content in advance. Your use of the service is at your own risk. By using the service, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You assume all risks associated with the use of User Content accessible in connection with the service. When you use the service, our agents or our technology may, at our discretion, monitor and/or record your interactions and communications (especially chat texts) with and through the service.
By agreeing to these terms of use, you hereby give your irrevocable consent to such monitoring and recording. You acknowledge and confirm that you have no expectations of privacy protection when transmitting user content; this applies especially to chat text or voice communication.
PYDIR, a product of J.B.N., reserves the right, at its discretion and without notice, and for any reason or without giving reasons, to review, monitor, prohibit, edit, delete, disable access to, or otherwise suspend the availability of any User Content (including your User Content). Should PYDIR, a product of J.B.N., decide at any time, at its discretion, to monitor the service, PYDIR, a product of J.B.N., nonetheless assumes no responsibility for User Content and has no obligation to modify or remove inappropriate User Content. We are entitled, but not obligated, to edit, reject the publication of, or remove any User Content at our sole discretion.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discussions

The service may include various forums, blogs, and chat features where you can disclose user content, including your observations and comments on specific topics. PYDIR, a product of J.B.N., cannot guarantee that other members will not use the ideas and information you provide. Therefore, you should not disclose ideas and information through the service that you wish to keep confidential and/or whose use by others you do not desire. PYDIR, a product of J.B.N., is neither responsible for evaluating and using the ideas or information you provide nor for indemnifying you.

3.2.2. Responsibility for Your Own User Content

You are solely responsible for the information you disclose on or through the service or in connection with the service and make it available to others. PYDIR, a product of J.B.N., is entitled to reject, not disclose, or delete such user content that, in the sole judgment of PYDIR, a product of J.B.N., violates these terms of use.

3.2.3. PYDIR, a product of J.B.N., Usage Rights of Your User Content

You hereby grant PYDIR, a product of J.B.N., an irrevocable, perpetual, transferable, fully paid, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and permission to copy, reproduce, repair, adapt, revise, modify, create derivative works from, manufacture, market, publish, distribute, sell, license, sublicense, transfer, rent, transmit, publicly display, publicly perform, make electronically accessible, broadcast, communicate to the public by telecommunication, display, perform, input into computer storage, and otherwise use and exploit both your user content and any modified and derivative works thereof in connection with our provision of the service, including for the marketing and promotion of the service. You hereby also grant PYDIR, a product of J.B.N., the right to entrust others with the exercise of the rights granted to PYDIR, a product of J.B.N., under these terms of use. Furthermore, you grant PYDIR, a product of J.B.N., the unconditional right to use and exploit your name, likeness, and any other information or materials contained in or related to user content, without any obligations to you. To the extent not legally excluded, you waive any assignment and/or personality rights you may have in your user content, regardless of whether your user content has been modified in any way. PYDIR, a product of J.B.N., does not claim ownership rights in your user content, and nothing in these terms of use is intended to restrict any rights you may have in the use and exploitation of your user content. PYDIR, a product of J.B.N., is not obligated to monitor or enforce the intellectual property rights in your user content.

3.3. User Communications

For your communications with other users of the service and any other parties with whom you communicate via the service and/or PYDIR, a product of J.B.N., games, you are solely responsible. Without obligation in this regard, PYDIR, a product of J.B.N., reserves the right to participate in these exchanges in any way. You express your willingness to cooperate fully with PYDIR, a product of J.B.N., in uncovering suspicious, unlawful, fraudulent, or abusive activities. This includes, in particular, granting PYDIR, a product of J.B.N., access to password-protected parts of your account.
In the event of a dispute with one or more users, you hereby release us (and our employees, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages of any kind, known or unknown, arising out of or in any way related to such disputes.

4. Compensation and Payment Terms

4.1 Purchases

Through the service, you can acquire, with real money, a non-exclusive, non-transferable, revocable right limited to your account and the duration of your authorized use of the service for the following uses: (a) Virtual currency, especially virtual cash or diamonds and jewels, all for use in PYDIR, a product of J.B.N. games; (b) virtual in-game items, content, or features; and (c) other goods or services (points a-c are collectively referred to as “Virtual Items”). Acquiring Virtual Items is permitted only through us or our authorized partners via the service.

You expressly agree that we may begin to fulfill the purchase contract for Virtual Items or other digital content before the expiration of any statutory withdrawal period established by applicable laws. You expressly agree in advance that the content you purchase will be delivered to you before the expiration of the withdrawal period, thereby forfeiting your statutory right of withdrawal.
PYDIR, a product of J.B.N., is entitled to manage, regulate, control, modify, or remove Virtual Items at any time and without prior notice. PYDIR, a product of J.B.N., shall not be liable to you or any third party to the fullest extent permitted by law for exercising these rights.

The transfer of Virtual Items is prohibited unless expressly allowed by the service. If the service does not expressly allow it, you may not sell, purchase, redeem, transfer, or attempt to do so with Virtual Items to another person or entity, including, but not limited to, PYDIR, a product of J.B.N., another user, or third parties.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL. A REFUND WILL ONLY BE ISSUED IF REQUIRED BY APPLICABLE LAW.
The provision of Virtual Items for use in PYDIR, a product of J.B.N. games, is provided directly by PYDIR, a product of J.B.N., immediately after your purchase is accepted by PYDIR, a product of J.B.N.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by the use of the account registered to you by you or others. PYDIR a product of J.B.N. may change the pricing for Virtual Items and services offered through the Service at any time. YOU ACKNOWLEDGE THAT PYDIR A PRODUCT OF J.B.N. IS NOT OBLIGATED TO PROVIDE ANY REFUND UPON CLOSURE OF AN ACCOUNT FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR ANY OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS, WHETHER THE CLOSURE IS VOLUNTARY OR INVOLUNTARY.

5. Service Updates

You are aware that PYDIR a product of J.B.N. continuously develops the Service. PYDIR a product of J.B.N. is entitled to request you to perform updates of the Service and the games provided by PYDIR a product of J.B.N. that you have installed on your device or computer. You acknowledge and confirm that PYDIR a product of J.B.N. may update the Service and the PYDIR a product of J.B.N. games; this may occur with or without notice to you. You may need to periodically update third-party software to access the Service and play PYDIR a product of J.B.N. games.

6. Warranty

WITHOUT LIMITING PYDIR, A PRODUCT OF J.B.N.,’S LIABILITY UNDER SECTION 7, THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PYDIR A PRODUCT OF J.B.N. DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

7. Liability; Indemnification

PYDIR A PRODUCT OF J.B.N. SHALL BE LIABLE FOR DAMAGES – REGARDLESS OF THE LEGAL GROUNDS – ONLY IN CASES OF INTENT, GROSS NEGLIGENCE, AND SLIGHT NEGLIGENCE IN BREACH OF ESSENTIAL CONTRACTUAL OBLIGATIONS (CARDINAL OBLIGATIONS). ESSENTIAL CONTRACTUAL OBLIGATIONS ARE THOSE WHOSE FULFILLMENT IS NECESSARY FOR THE PROPER EXECUTION OF THE CONTRACT. IN THE EVENT OF SLIGHT NEGLIGENCE IN BREACH OF ESSENTIAL CONTRACTUAL OBLIGATIONS, THE LIABILITY OF PYDIR A PRODUCT OF J.B.N. IS LIMITED TO COMPENSATION FOR THE TYPICAL, FORESEEABLE DAMAGES. INDIRECT DAMAGES, IN PARTICULAR, SHALL NOT BE COMPENSATED FOR. THE FOREGOING LIMITATIONS OF LIABILITY ALSO APPLY IN FAVOR OF THE LEGAL REPRESENTATIVES AND AGENTS OF PYDIR A PRODUCT OF J.B.N. WHEN CLAIMS ARE ASSERTED DIRECTLY AGAINST THEM.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO DAMAGES CAUSED BY INTENTIONAL OR GROSSLY NEGLIGENT VIOLATIONS OF LIFE, BODY, OR HEALTH BY PYDIR A PRODUCT OF J.B.N..

You agree to indemnify, defend, and hold harmless PYDIR A PRODUCT OF J.B.N. (and our agents, directors, agents, subsidiaries, joint ventures, and employees) from and against all claims, demands, damages, or other losses, to defend and indemnify PYDIR A PRODUCT OF J.B.N., including reasonable attorneys’ fees, arising from or in connection with your use of the Service or your violation of these Terms of Service. This does not apply if the infringement is not based on your intentional or negligent actions.

8. Dispute Resolution

You and PYDIR a Product of J.B.N. agree that any processes for dispute resolution described here shall apply to any conflict or claim arising from these Terms of Service, the Privacy Policy, or the Service. Conflicts include any claims, including but not limited to claims based on applicable law and/or equity, as well as legally entitled claims. These processes also apply if you terminate the use of your account, delete your account, or cease using the Service. They also apply to conflicts that arose before you agreed to this agreement.

Sections 8.1 through 8.6 apply to you if you reside in Canada or the United States. They do not apply to you if you reside in another country.

8.1. Informal Dispute Resolution

In the event of any conflict, you must first attempt to resolve the matter directly with PYDIR, a Product of J.B.N., for at least thirty (30) days before initiating arbitration. The process of informal dispute resolution commences when you communicate the dispute to PYDIR, a Product of J.B.N., in writing and contact them at [email protected].

8.2. Arbitration Agreement

You and PYDIR, a Product of J.B.N., agree to exclusively settle any conflicts through final and binding arbitration:
Either you or PYDIR, a Product of J.B.N., may choose to submit a dispute to final and binding arbitration if it does not fall under the exceptions described below. If either you or PYDIR, a Product of J.B.N., submit a dispute as described in this section to arbitration, both parties may request the court to settle the claim through arbitration. It is solely up to the arbitration court to decide whether any part of Section 8 (“Dispute Resolution”) is valid or enforceable and whether it applies to a claim.
Each arbitration will be conducted by an impartial arbitration tribunal. This means that you and PYDIR, a Product of J.B.N., agree to waive your right to have the dispute decided in a court or by a jury. Arbitration proceedings follow different rules than a more formal court proceeding. For example, the ability to compel the other party to disclose information may be limited. Once the arbitration tribunal has made its decision, it is final. You and PYDIR, a Product of J.B.N., may request the arbitration tribunal to document its decision, award, and the reasoning behind it. Both parties may request the arbitration tribunal to confirm the final decision or award or to arrive at a final decision or award. Under very limited conditions, you and PYDIR, a Product of J.B.N., may challenge the outcome of the arbitration in court.

8.3. Arbitration

The arbitration will be conducted by the American Arbitration Association (“AAA”). The rules and procedures of the AAA, including the Consumer Arbitration Rules, apply. However, if the rules and procedures of the AAA conflict with these Terms of Use, the Terms of Use shall prevail. You can review the AAA rules on the AAA website and initiate arbitration there. If you or PYDIR, a Product of J.B.N., initiate arbitration, PYDIR, a Product of J.B.N., must inform the other party in writing, following the AAA rules.
The fees for arbitration are determined by the Consumer Arbitration Rules of the AAA. If the arbitration tribunal determines that these fees are excessive, PYDIR, a Product of J.B.N., must bear them. Each party is responsible for paying their own attorney’s fees unless there is a claim for reimbursement of attorney fees and costs by the other party. The arbitration tribunal will decide on this matter according to applicable law. If either party challenges the validity of the arbitration award or the final decision of the arbitration tribunal in subsequent court proceedings, the losing party must reimburse the other party for the attorney’s fees and costs incurred due to the challenge.
The arbitration will take place either in San Francisco or at your place of residence.

8.4. Exceptions to Arbitration
You and PYDIR, a Product of J.B.N., agree that the arbitration agreement from Section 8.2 does not apply to the following disputes:

  • Claims related to PYDIR’s intellectual property and claims regarding or to enforce the validity of PYDIR’s copyright, trademark, trade dress, domain names, patents, trade secrets, and other intellectual property rights.
  • Claims related to piracy/data theft or other unauthorized interference.
  • Claims that are not subject to arbitration jurisdiction or are not governed by federal law and therefore may not be resolved through arbitration.
  • Claims in a Small Claims Court.

All disputes for which arbitration is not applicable under these exceptions must be adjudicated before a competent court (see Section 10 “Venue for Disputes Not Subject to Arbitration”).

8.5. No Class Actions

You and PYDIR, a Product of J.B.N., agree that claims can only be brought in individual lawsuits.
This means:

  • You cannot assert claims against PYDIR, a Product of J.B.N., as part of or as a participant in a class, consolidated class, representative, or group action.
  • The arbitration tribunal cannot consolidate your case with that of another person or decide on a class, consolidated class, representative, or group action.
  • The arbitration award or final decision of the arbitration tribunal in your case cannot be used in the disputes of others.

If this section (Section 8.5 “No Class Actions”) becomes unenforceable or invalid, the entire Section 8, including 8.1 through 8.6, will be void.

8.6. Rejection of Arbitration Agreement and Class Action Waiver Provision

You may reject the arbitration agreement and the class action waiver provision (Sections 8.1 through 8.5) by notifying us of your decision in writing at [email protected]. The subject line for this must be “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. You must send us this notice within thirty (30) days of your first use of the Service or the opportunity to opt-out, whichever is later. If you do not opt-out within this specified time, you are bound by the arbitration procedure as described here. If you reject the arbitration provisions, PYDIR, a Product of J.B.N., is also no longer bound by them.

8.7. Alternative and Online Dispute Resolution

If you are a consumer residing in the EU or EEA, you can also use the online dispute resolution platform offered by the European Commission as an out-of-court alternative for resolving disputes. You may also opt for alternative dispute resolution and bring a dispute to consumer complaint bodies or other appropriate out-of-court institutions in your country of residence.

9. Applicable Law

If you reside in the United States or Canada: (1) The United States Federal Arbitration Act (including all of its procedural provisions) governs the interpretation and enforcement of the arbitration agreement and the class action waiver provision in Section 8, and (2) any disputes arising from these Terms of Use, the Privacy Policy, or the Service shall be governed in all respects by the laws of California, regardless of any conflicting legal provisions.

If you reside outside the United States of America and Canada, you agree that any claims or disputes arising in or relating to these Terms of Use, the Privacy Policy, or the Service shall be governed by the laws of Germany, regardless of any conflicting legal provisions.

10. Venue for Disputes Not Subject to Arbitration

If you reside in the United States or Canada, you agree that any claims you make against PYDIR, a product of J.B.N., or any disputes you have with PYDIR, a product of J.B.N., that cannot be resolved through arbitration (as described in Section 8) must be exclusively decided by a federal or state court in San Francisco. You and PYDIR, a product of J.B.N., consent to the venue and personal jurisdiction in San Francisco for such claims and disputes.
If you reside outside the United States of America and Canada, you agree that any claims you make against PYDIR, a product of J.B.N., or any disputes you have with PYDIR, a product of J.B.N., must be exclusively decided by the court in Bremen, Germany.

11. Severability Clause

You and PYDIR, a product of J.B.N., agree that if any part of these Terms of Service or the Privacy Policy of PYDIR, a product of J.B.N., is found to be illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, the service, as per the jurisdiction’s interpretation, shall be ineffective to the extent of such invalidity or unenforceability, without affecting the validity or enforceability of the remaining portions of the terms, which shall continue to be valid.

12. Final Provisions

12.1. Assignment

PYDIR, a product of J.B.N., may assign or transfer the Service, in whole or in part, at any time with or without your consent to any natural or legal person. You will be notified in advance of this. You are not permitted to assign or transfer rights or obligations from these Terms of Service or the Privacy Policy without prior written consent from PYDIR, a product of J.B.N.

12.2. Additional Provisions

PYDIR, a product of J.B.N., may issue additional provisions relating to specific services such as forums, contests, or loyalty programs. Your right to use these services is subject to these specific provisions and these Terms of Service.

12.3. Entire Agreement

These Terms of Service, any additional provisions, and any documents expressly referred to herein (including the Privacy Policy of PYDIR, a product of J.B.N.) constitute the entire agreement between you and PYDIR, a product of J.B.N., and supersede all prior communications between the parties regarding this subject matter, whether electronic, oral, or written, whether arising by custom, practice, rules, or precedent, between you and us regarding this Service.

12.4. No Waiver

Failure by PYDIR, a product of J.B.N., to demand or enforce strict compliance with any provision of these Terms of Use or the PYDIR, a product of J.B.N., Privacy Policy from you, or failure to assert any right resulting therefrom, shall not be deemed to be a waiver or relinquishment of PYDIR’s right to enforce such provision or right.
Any express waiver by PYDIR, a product of J.B.N., of any provision, condition, or requirement of these Terms of Use or the PYDIR, a product of J.B.N., Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Statements, representations, consents, waivers, or other acts or omissions by PYDIR, a product of J.B.N., shall not constitute a modification of these Terms of Use nor are they legally binding unless expressly and specifically provided for in these Terms of Use or documented by a written instrument signed by you and an authorized representative of PYDIR, a product of J.B.N.

12.5. Notices

Information regarding our games may be communicated to you through publications on pydir.com and via email or any other communication means you provide to us. All notices from you or as required by these Terms of Use or the Privacy Policy of PYDIR, a product of J.B.N., shall be in writing and addressed to PYDIR, a product of J.B.N.

Subject: J.B.N. UG, Arsterdamm 42a, 28277 Bremen, Germany, with a copy to [email protected].

12.6. Equitable Remedies

You acknowledge that the rights granted to PYDIR, a product of J.B.N., and the obligations assumed by PYDIR, a product of J.B.N., under these Terms of Use are of a unique and irreplaceable nature, the loss of which may cause PYDIR, a product of J.B.N., irreparable harm that cannot be compensated solely by monetary damages, such that in the event of a breach or anticipated breach by you, PYDIR, a product of J.B.N., is entitled to seek injunctive relief or other equitable remedies (without any obligation to post a bond or provide other security or proof of damages).
You irrevocably waive all rights to seek injunctive relief or any other equitable relief, or to enjoin or restrain the operation of the Service or any PYDIR, a product of J.B.N., game, advertising or other materials in connection therewith, or the Service, any Content, or other materials used or displayed through the Service, and agree to limit your claims to claims for monetary damages limited by Section 7 (if any).

12.7. Force Majeure

PYDIR, a product of J.B.N., shall not be liable for any delay or failure resulting from reasons beyond the control of PYDIR, a product of J.B.N., particularly failure due to unforeseen circumstances or causes outside the control of PYDIR, a product of J.B.N., such as force majeure, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or limitations on transportation, fuel, energy, labor, or materials.