1. Acceptance of the Terms of Service
These Terms of Service for the Website constitute an agreement between you and PocketPayouts ("PocketPayouts," "we," or "us"). The following terms and conditions, along with any documents explicitly incorporated by reference (collectively, the "Terms of Service"), govern your use of PocketPayouts.com to engage in certain market activities and earn Rewards (as defined below). This includes all content, features, Internet browsing, emails, text (SMS) messages, online services, functionality, services, and mobile applications offered on or through PocketPayouts.com (referred to as the "Website"), whether you are a guest or a registered user.
PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE YOU COMMENCE USING THE WEBSITE. BY ACCESSING THE WEBSITE OR CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN SUCH OPTION IS AVAILABLE, YOU ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND AT www.PocketPayouts.com/policies/privacy, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
2. Eligibility
This Website is intended for use by individuals who are at least 16 years old or older. By using this Website, you represent and warrant that you are at least 16 years of age and meet all the eligibility requirements to enter into a binding contract with PocketPayouts. IF YOU DO NOT MEET THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
Access to the Website is limited to one (1) account per person and one (1) account per household.
3. Changes to the Terms of Service
We reserve the right to modify and update these Terms of Service at our discretion. All modifications become effective immediately upon posting and apply to all subsequent access to and use of the Website. HOWEVER, ANY CHANGES TO THE DISPUTE RESOLUTION PROVISIONS OUTLINED IN GOVERNING LAW AND JURISDICTION WILL NOT APPLY TO ANY DISPUTES FOR WHICH THE PARTIES HAVE ACTUAL NOTICE ON OR PRIOR TO THE DATE OF THE CHANGE POSTING ON THE WEBSITE. Your continued use of the Website after the revised Terms of Service are posted indicates your acceptance of and agreement to these changes. We expect you to periodically review this page to stay informed of any modifications, as they are legally binding.
4. Access and Use of Our Website
Subject to the terms of these Terms of Service, PocketPayouts grants you a limited, revocable, non-transferable, personal, non-exclusive right to access and use the Website as stipulated herein. You agree to use our Website solely for purposes that are permitted by these Terms of Service and any applicable laws, regulations, or generally accepted practices in the relevant jurisdictions. All information you provide during registration on this Website, or otherwise, is governed by our Privacy Policy. You consent to all actions taken with respect to your information in accordance with our Privacy Policy. For more details on Website usage, please refer to Section 16 (Use of the Website) and Section 17 (Restrictions and Prohibitions).
5. Rewards Programs
PocketPayouts may offer one or more rewards programs ("Rewards Programs"), where you may have the opportunity to earn points (also referred to as coins, dollar amounts, points, or other credits/rewards, collectively known as "Rewards") related to your participation in or interaction with various gaming offers, advertisements, content, shopping opportunities, special offers, surveys, coupons, location-based deals, and other Rewards opportunities (collectively referred to as "Offers").
Regardless of whether Rewards are expressed as points or dollar amounts, they have no cash, monetary, or intrinsic value and can only be redeemed for gift cards or other prizes or redemption methods as offered by the Rewards Program from time to time (referred to as "Redemption Prizes"), subject to these Terms of Service and the Redemption requirements of the Rewards Program at the time of redemption.
6. Rewards Have No Monetary Value and Are Non-transferable
You acknowledge and agree that unredeemed Rewards in your Account hold no cash, monetary, or intrinsic value, remain the exclusive property of PocketPayouts, and can solely be redeemed for Redemption Prizes offered by PocketPayouts within the Rewards Program, subject to these Terms of Service and the Redemption requirements of the Rewards Program at the time of redemption.
7. Rewards
You may earn Rewards in a Rewards Program by participating in various Offers, as described in the applicable Rewards Program. In accordance with other provisions of these Terms of Service, PocketPayouts will deposit any Rewards for Offers you choose to participate in and successfully complete into the account you established upon joining the Rewards Program (the "Account").
Rewards are considered successfully completed once you have fully and properly satisfied all the requirements of the Offer, as specified in the Offer (including any time limitations or waiting periods for Offer acceptance or completion), and in compliance with these Terms of Service. Proper validation, tracking, and recording of your accomplishments by PocketPayouts and/or its third-party Rewards Program partners are also required.
It is important to note that PocketPayouts shall not be responsible for, nor obligated to award Rewards for, any Offer that is not accurately recorded, tracked, validated, and deemed successfully completed in accordance with the policies, procedures, and systems of PocketPayouts and/or its third-party Rewards Program affiliates. In certain cases, the final determination of whether an Offer has been successfully completed, warranting a Reward, may be made by PocketPayouts's third-party Rewards Program affiliates rather than by PocketPayouts.
Before deciding to participate, please thoroughly review all applicable terms of Offers and Rewards. We also retain the right to: (i) modify or restrict the availability of Offers or Rewards or your ability to participate in certain Offers or the Rewards Program itself, (ii) modify or restrict Offer eligibility or allowable participation frequency, and (iii) modify or restrict the number or type of Rewards you can receive for a given Offer or within a specific timeframe. These changes or limitations apply to all past, present, or future Rewards, unless otherwise expressly stated.
8. Redeeming Rewards
You may redeem the accumulated Rewards in your Account for Redemption Prizes, subject to the applicable redemption requirements of the Rewards Program at the time of redemption. Please note that the availability of Redemption Prizes may be limited and distributed on a first-come, first-served basis while supplies last. If you attempt to redeem Rewards for a Redemption Prize that is unavailable, out of stock, or for any other reason cannot be provided to you, PocketPayouts, at its sole discretion, may offer you a Redemption Prize of equal or greater value.
All redemptions are considered final, and Rewards may not be returned for credit, except as provided otherwise in these Terms of Services or agreed to in writing by an authorized representative of PocketPayouts. There will be no re-crediting, reversals, or refunds of Rewards once they have been successfully redeemed. Once you have placed an order and received a Redemption Prize, you cannot reverse or cancel the Redemption Prize transaction or request a refund or re-crediting of Rewards to your Account.
Furthermore, we reserve the right to temporarily withhold offer credits for up to 90 days after an Offer has been completed.
9. Verifying Identity and Eligibility
PocketPayouts also retains the right to verify your identity to our satisfaction before crediting Rewards, allowing redemption of Rewards, issuing or delivering Redemption Prizes in any Rewards Program, or providing access to the Website, its features, or your Account. This verification may include, but is not limited to, requests for a photocopy of your passport, driver's license, or state ID card, verification of your mobile phone number associated with your Account, or other forms of proof of identity or eligibility as deemed necessary. Certain services or Redemption Prizes may have additional eligibility requirements, and PocketPayouts reserves the right to determine or verify your eligibility using appropriate methods. Failure or refusal to provide the requested documentation or proof of identity or eligibility may result in the denial of access or benefits associated with the Website or your Account.
10. Redemption Prizes
Redemption Prizes are delivered electronically in digital format to the email address associated with your Account at the time of redemption. In cases where we are unable to deliver a Redemption Prize or it remains unclaimed for any reason, you hereby authorize us, where feasible, to cancel or reverse the redemption of that Redemption Prize and restore the associated Rewards to your Account within the applicable Rewards Program. This allows you the opportunity to attempt the redemption of such Rewards at a later time. However, please be aware that we are not liable for any inability or failure to cancel or reverse the redemption and restore Rewards to your Account.
11. Inactive Accounts
An Account that has not been logged into and has neither received nor redeemed Rewards for a period of one (1) year or more may be considered inactive, and PocketPayouts reserves the right to close such an Account. Additionally, we may modify our rules and policies regarding inactive Accounts within our Rewards Programs as needed. If your Account becomes inactive in accordance with these then-current rules or policies, we may close your Account without further compensation or obligation. If you have questions or concerns regarding these actions or wish to request Account reactivation (subject to any terms, limitations, and requirements we may impose from time to time), please contact us at Admin@bigmoodapps.com.
12. Rewards Expiration
We may establish or modify rules and policies regarding the expiration of Rewards at any time, affecting both past and future Rewards. If your Rewards expire in accordance with these then-current rules or policies, we may remove such Rewards from your Account without further compensation or obligation. If you have questions or concerns regarding these actions or wish to request the re-crediting of expired points to your Account (subject to any terms, limitations, and requirements we may impose from time to time), please contact us at Admin@bigmoodapps.com.
13. Sweepstakes, Contests, and Promotions
Any sweepstakes, contests, or promotions (collectively referred to as "Promotions") offered through the Website, features, or our services may be subject to additional terms of service specific to those Promotions ("Additional Promotional Terms"). These Additional Promotional Terms may include official rules, eligibility criteria, such as age or geographic restrictions, terms and conditions, and information regarding the use of your personal data. In the event of any conflict between these Terms of Service and the Additional Promotional Terms, the Additional Promotional Terms shall prevail.
It is your responsibility to review any applicable Additional Promotional Terms to determine your eligibility and willingness to participate, enter, or register for such Promotions. By participating in a Promotion, you agree to comply with and be bound by the Additional Promotional Terms and the decisions of the Promotion sponsor(s).
You acknowledge that the sponsors or partners of the Promotions may have their own terms and conditions that you should carefully review.
14. Taxes
You understand and agree that we may not always determine whether the Rewards you receive or redeem in any Rewards Program constitute reportable income or taxable earnings in your jurisdiction. Therefore, you are responsible for any and all tax obligations arising from your use of the Website and participation in the Rewards Program, including taxes related to your accrual or redemption of Rewards. As a condition of your continued use of the Website and our services, we reserve the right to request necessary tax reporting information if our records indicate that you are or may be required to report the value of your redeemed Rewards to the relevant tax authority. We encourage you to seek the guidance of a tax expert to understand the tax implications of your use of the Website, the Rewards Program, and any associated Rewards you receive or redeem.
15. Your Account
To access the Website or certain resources it offers, you may need to provide specific registration details or other information. Your use of the Website is conditional upon providing accurate, up-to-date, and complete information. If you receive or are assigned a username, password, or other security information, you must keep this information confidential and refrain from disclosing it to others. Your Account is intended solely for your use, and you agree not to grant others access to the Website or its components using your username, password, or other security details. You are obligated to notify us promptly if you suspect unauthorized access to your username or password or any other security breach. After each session, you should log out of your account. Be especially cautious when using a public or shared computer to prevent others from viewing or recording your password or personal information.
We reserve the right to deactivate or revoke access to any username, password, or identifier—whether selected by you or assigned by us—at any time at our sole discretion, for any reason or no reason. This includes, in our judgment, violations of any provision within these Terms of Service. Additionally, we may withdraw or modify the Website, including its features, services, or materials, without notice and at our sole discretion.
Occasionally, we may restrict access to particular parts of the Website, or the Website in its entirety, for all users or registered users, and we will not be held liable if (i) the Website or any part of it
18. User Contributions
Within the Website, you may find interactive features such as message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and similar interactive services (collectively referred to as "Interactive Services"). These Interactive Services allow users to share, submit, publish, display, or transmit content or materials (collectively known as "User Contributions") on or through the Website.
All User Contributions must adhere to the Content Standards outlined in these Terms of Services. Please be aware that any User Contribution you share on the site is considered non-confidential and non-proprietary. By posting any User Contribution on the Website, you grant us, our affiliates, service providers, and their respective licensees, successors, and assigns the right to use, modify, display, distribute, and disclose such material according to your account settings.
You represent and warrant that:
You possess all rights to the User Contributions and can grant the aforementioned license to us and our affiliates, service providers, and their respective licensees, successors, and assigns.
All your User Contributions are and will be in compliance with these Terms of Services.
You acknowledge and accept full responsibility for any User Contributions you submit or contribute, including their legality, accuracy, reliability, and appropriateness.
PocketPayouts is not liable for the content or accuracy of any User Contributions posted by you or any other user of the Website.
19. Monitoring and Enforcement; Termination
We reserve the right to:
Refuse to post or remove any User Contributions at our sole discretion and for any reason or none.
Take any necessary or appropriate action regarding User Contributions if we believe that such content violates these Terms of Services, including the Content Standards, infringes on intellectual property rights or any other rights of individuals or entities, threatens the safety of users or the public, or could result in liability for PocketPayouts.
Disclose your identity or other information to third parties who claim that material posted by you infringes on their rights, including intellectual property or privacy rights.
Take legal action, including but not limited to referral to law enforcement, in response to any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or parts of the Website for any reason or no reason, including violations of these Terms of Services.
Suspend, limit, or terminate your participation in a Rewards Program at our sole discretion. We may also suspend or void any Rewards or potential Rewards in your possession within a Rewards Program if we determine, at our sole discretion, that you have not complied with these Terms of Services.
Change, suspend, or terminate all or part of a Rewards Program, including any unredeemed Rewards, without prior notice or compensation to you.
Furthermore, we have the right to fully cooperate with law enforcement authorities or comply with court orders that request or direct us to reveal the identity or other information of any person who posts materials on or through the Website. YOU WAIVE AND RELEASE PocketPayouts AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM ACTIONS TAKEN BY THE PARTIES MENTIONED ABOVE DURING OR AS A RESULT OF THEIR INVESTIGATIONS, AS WELL AS FROM ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THESE PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We are unable to review all content before it is posted on the Website and cannot guarantee the immediate removal of objectionable material once it has been posted. As such, we assume no responsibility for actions or inactions regarding the transmission, communication, or content provided by any user or third party. We bear no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.
20. Content Standards
These content standards apply to all User Contributions and the use of Interactive Services. User Contributions must fully comply with all relevant federal, state, local, and international laws and regulations. Without limitation, your User Contributions must not:
Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic content, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person.
Violate the legal rights (including privacy and publicity rights) of others or contain material that could result in civil or criminal liability under applicable laws or regulations, or that conflicts with these Terms of Services or our Privacy Policy.
Be likely to deceive any person.
Manipulate the results of any survey, prize draw, or contest.
Promote illegal activities or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or unnecessary anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Engage in commercial activities or sales, such as contests, sweepstakes, sales promotions, barter, or advertising.
Create a false impression that they originate from or are endorsed by us or any other person or entity if that is not the case.
21. Intellectual Property Rights
The entire contents, features, and functionality of the Website, including but not limited to all information, software, text, displays, images, video, audio, and the arrangement thereof, are the property of PocketPayouts, its licensors, or other providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The name PocketPayouts, the PocketPayouts trademarks, the PocketPayouts logo, and all related names, logos, product names, designs, and slogans are trademarks of PocketPayouts or its affiliates or licensors. You must not use these marks without prior written permission from PocketPayouts. All other names, logos, product names, designs, and slogans on this Website are the trademarks of their respective owners.
22. Copyright Policy
If you believe that any User Contributions infringe upon your copyright, please consult our Copyright Policy for instructions on sending a notice of copyright infringement. PocketPayouts policy is to terminate the accounts of repeat infringers.
23. Reliance on Information Posted
The information provided on or through the Website is made available exclusively for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from any reliance on these materials by you or any other visitor to the Website or anyone informed of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. Statements and opinions expressed in these materials, as well as articles and responses to questions and other content, other than that provided by PocketPayouts, are solely the opinions and responsibility of the individuals or entities providing those materials. These materials do not necessarily reflect the views of PocketPayouts. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by third parties.
24. Changes to the Website
We may periodically update the content on this Website; however, the material on the Website may not always be complete or up to date. Material on the Website may become outdated, and we are not obligated to update it.
25. Linking to the Website and Social Media Features
You may link to our homepage, provided that you do so fairly and legally and avoid harming our reputation or taking advantage of it. However, your link must not suggest any form of association, approval, or endorsement on our part.
You may share a link to this Website using our Affiliate feature to invite family members or friends; however, you are responsible for obtaining their consent to use their personal information for sending invitations from our Website.
This Website may offer certain social media features that enable you to:
Link from your own or certain third-party websites to specific content on this Website.
Send emails or other communications containing particular content or links to specific content on this Website.
Display limited portions of content on this Website on your own or certain third-party websites.
You may use these features solely as provided by us and only with respect to the content they accompany. However, you must not:
Create links from websites you do not own.
Display the Website or portions thereof, for example, through framing, deep linking, or in-line linking, on any other site.
Take any actions regarding the materials on this Website that conflict with any other provision of these Terms of Services.
The website to which you link or on which you provide access to certain content must fully comply with the Content Standards outlined in these Terms of Services. You agree to cooperate with us to immediately stop any unauthorized framing or linking. We reserve the right to revoke linking permission without prior notice.
We may, at our discretion, disable social media features and links at any time without notice.
26. Outbound Website Links
Should the Website feature links to external websites or resources provided by third parties, these links are presented for your convenience exclusively. This encompasses links embedded within advertisements, including banner ads and sponsored links. We lack control over the content of these external sites or resources and disclaim any responsibility for them or for any losses or damages that may arise from your utilization of these resources. If you choose to access any third-party websites linked to this Website, you do so entirely at your own risk and are subject to the terms and conditions governing such websites.
27. Disclaimer of Warranty
Please be aware that we cannot guarantee or warrant that files available for download from the internet or the Website will be free of viruses or other malicious code. It is your responsibility to implement adequate procedures and safeguards to meet your specific requirements for antivirus protection and the accuracy of data input and output. Furthermore, it is your responsibility to maintain an external means for data recovery in the event of data loss. WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF THE WEBSITE, ANY SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PocketPayouts NOR ANY INDIVIDUAL ASSOCIATED WITH PocketPayouts MAKES ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PocketPayouts NOR ANYONE ASSOCIATED WITH PocketPayouts WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PocketPayouts HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
28. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PocketPayouts, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES. THIS INCLUDES DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF SUCH DAMAGES ARE FORESEEABLE.
THIS LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
29. Indemnification
You agree to defend, indemnify, and hold harmless PocketPayouts, its affiliates, licensors, and service providers, as well as its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to your violation of these Terms of Services or your use of the Website. This includes, but is not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Services, or your use of any information obtained from the Website.
30. Governing Law and Jurisdiction
For consumers, please note that these Terms of Services, their subject matter, and their formation are governed by the laws of the State of New York. Both you and we agree that the courts of the City of New York shall have exclusive jurisdiction.
31. Arbitration
You agree: (i) that any and all disputes arising out of or related to (a) the Promotions and sweepstakes, (b) the awarding or redemption of any prize, (c) the Website, (d) earning, awarding, or redeeming Coins, and/or (d) the determination of the scope or applicability of these Terms of Services to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS or another mutually acceptable administrator and conducted before a sole arbitrator in accordance with the rules of the arbitration provider; (ii) these arbitration terms are made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York, NY; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Services and any other agreements or additional terms referenced herein that you may have entered into in connection with our Website and Promotions; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration can decide only individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; and (viii) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and you shall not be entitled to arbitrate your dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
32. Limitation on Time to File Claims
UNLESS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICES OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
33. Waiver and Severability
The Terms of Services, our Privacy Policy, any Additional Promotional Terms, and Copyright Policy constitute the sole and entire agreement between you and PocketPayouts GmbH with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.