Terms of Service Version 1.0
Thank you for signing up to use the pocketmons.com ("website", "platform", "service"), and related products and services (together, we'll call these the "Services") of Pocketmons("us", "we" or "our"), and any of our affiliates with authorized links to this Agreement. The term "you" refers to the natural person accessing or otherwise using our Services. This Terms of Service Agreement (or "Terms" for short) describes the rules of our relationship with you and you acknowledge is a legally binding agreement, so please read it carefully. This Terms of Service applies to your use in any capacity of pocketmons.com regardless of how you access it or where you access it from.
2. Implicit Agreement
By using the website or platform you agree to be bound by the terms of this agreement. Use includes using the website or platform in any capacity. By using pocketmons.com as described or in any other manner that constitutes use of the service/platform you represent that you have read, understand, and agree to be bound by these terms. If you do not agree with these terms, do not use the website or engage with any of the offered services.
3. Arbitration Agreement
We wanted to let you know that these terms include an arbitration agreement( also known as alternative dispute resolution agreement) which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class, collective or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
Pocketmons is not responsible for the quality/code maintenance/support of any products/software/items that are provided via pocketmons.com. https://pocketmons.com offers no guarantees as to the origin or quality of the products/software provided. https://pocketmons.com promises to provide access to the products/software/items exchanged. If you experience any issues with access to the provided products/software exchanged then Pocketmons policies in respect to warranty, price match and refunds apply.
All our products or services come with a lifetime warranty. Once 7 days has passed from the original purchase date the manner in which the warranty is fulfilled is subject to the discretion of Pocketmons and can include replacement with another similar product/service with the similarity of said product/service to be solely determined by Pocketmons.
6. Price Match Guarantee
We will price match any similar products you may find on another website. The price guarantee applies before you make a purchase, once the purchase has been made the 7 day refund policy applies subject to our terms and conditions. We may decide to refund the difference if that is what you request.
7. 7 Day refund policy
A 100% refund will be rewarded if requested within 7 days of purchase subject to the product/software and any access being returned in full.
8. Payment policy
We support a variety of payment methods which may change from time to time. A transaction is only deemed complete once we have received the agreed payment amount in full.
9. Who Can Use the Services
If a parent or guardian chooses to use the service on behalf of their child that is completely at their (the Parent or Guardians) discretion and is not to be regarded in any way as the responsibility or liability of Pocketmons under any circumstances.
10. Your Rights to Use the Website
You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our products or services or any provided third party products or services. As well, you may not adapt, merge, make adaptations, translations or derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of our products or services or any provided third party products or services, except to the extent these restrictions are expressly prohibited by applicable law or to the extent permitted by an open source software license agreement applicable to the source code.
24. Limitation of Liability
- THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THESE TERMS (INCLUDING THE FOLLOWING LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
- IN NO EVENT WILL Pocketmons BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, EVEN IF Pocketmons HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Pocketmons LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITES AND PRODUCTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) TEN UNITED STATES DOLLARS ($10) OR (B) AMOUNTS YOU HAVE PAID TO US IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT WILL Pocketmons SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR DAMAGES DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13. Limitations on Use
You agree not to use the Website/Platform/Services to:
- upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
- collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack)
- attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining);
- interfere with another user's use and enjoyment of the Services;
- attempt to engage with the website/platform in a manner that is not intended or
- do anything or perform any activity that violates any applicable laws.
15. Data Charges
You are responsible for any data charges when you use the Website/ Platform/Services including data charges for the use or the Services or updates or upgrades of new versions of the Services. If you're not sure what those charges may be, please ask your provider before using the Website and services.
We, or our affiliates and licensors as applicable, retain all ownership and intellectual property rights in and to:(a) the Services; and (b) all modifications, improvements, customizations, updates, enhancements, derivative works, translations and adaptations to the foregoing.
17. Copyright (DMCA)
Our policy allows copyright owners to request removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.
If you believe that we, a partner or one of our users is using our Services to unlawfully infringe the copyright(s) in a work, and want to have the material removed, please provide the following information in writing to our Copyright Agent:
- your physical or electronic signature
- Identification of the copyrighted work(s) that you claim to have been infringed
- Identification of the material on our Services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material; my our address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
- Please note that any misrepresentations in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
- Our Copyright Agent by Email: (insert email)
19. Third Party Services
If you use a service, feature or product offered or originally supplied by a third party (including those we jointly offer with a third party) (all together the "Third Party Services"), that third party's terms will govern their relationship with you. Please read and understand those terms and investigate any features that are important to you before using a Third Party Service or Product. We are not responsible or liable for the third party terms or content on Third Party Services or actions taken under the third party's terms. We do not necessarily conduct a detailed review of and make no promises about the Third Party Services.
20. Modifying the Services and Termination
a. We are always improving our Services and creating new ones. We may add or remove features, products or functionality, and we may also suspend or stop the Services at any time without notice.
b. We can also terminate this Agreement or deactivate your account if we think you've violated these Terms or for any reason.
c. We will not be liable to you for terminating this Agreement, including for termination of any account where applicable. No matter who ends this agreement, you and we will continue to be bound by the terms of this agreement in full.
21. Additional Terms for Specific Services
Since we have a growing number of Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services.
You agree to defend, indemnify and hold harmless the directors, officers, employees, affiliates, agents and suppliers of Pocketmons from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) brought by third parties resulting from or relating to: (i) your use of the Services or (ii) your violation of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that you are required to indemnify and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this section once we learn of it.
- THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS, INCLUDING LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS IN THESE TERMS (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
- THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND Pocketmons (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, STABILITY, ACCURACY, OR NON INFRINGEMENT. Pocketmons NETWORK LTD (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Kinit GROUP IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONDUCT ON ITS SERVICES.
- You hereby irrevocably and unconditionally release and forever discharge Pocketmons from any and all claims, demands, and rights of action, whether now known or unknown, that relate to any interactions with, or acts or omission of, the Services and Pocketmons
- IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "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 OR HER SETTLEMENT WITH THE DEBTOR."
25. Choice of Law & Exclusive Venue
Except as prohibited by applicable law, these Terms are governed by the laws of the (insert country of legal registration) applicable therein, aside from its conflict of laws principles. Where the Terms allow claims to be resolved in Court, you agree to submit to the personal jurisdiction of the courts located within the geography of Pocketmons choice for the purpose of litigating all claims or disputes related to injunctions sought by us or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
26. Resolution of Disputes
The Mandatory Arbitration provisions of this Terms and Conditions agreement only apply between users of Pocketmons and Pocketmons Network Ltd in respect to any dispute or claim out of the usage of the Pocketmons Platform.
27. Mandatory Arbitration
a. Any dispute or claim between you and us relating to or arising out of the Services or the Terms will be referred to and determined exclusively through binding confidential arbitration conducted in the jurisdiction of Pocketmons choice or the country of Pocketmons legal registration.
b. The arbitration will be held on an individual basis, before a single arbitrator and in accordance with the applicable laws of the jurisdiction of Pocketmons choice or the country of Pocketmons legal registration..BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS.You also Agree that you will be responsible for any costs attributable to attending any arbitration hearings including but not exclusively in regards to any travel, accommodation, loss of earnings that could be accrued in the course of attending any such arbitration proceedings.
c. In addition you agree to share the costs of any arbitration proceedings with Pocketmons with the Arbiter having the right to determine that the costs of the proceedings themselves may be fully attributed to either party excluding any associated costs associated with attending the arbitration proceedings themselves including but not limited to international and domestic travel, travel to and from arbitration venue, accommodation, food and refreshments and any loss of income associated with attending arbitration proceedings.
28. Jury Trial Waiver
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
29. Class Action Waiver
THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
30. Right to Opt Out
You have the right to opt out of this agreement to arbitrate by emailing your decision to opt out within 30 days of the date of this Agreement, to the contact email address listed below. Your email must include the email address you used while purchasing the supplied product or service. If you do opt out then the mandatory arbitration provisions in this Agreement will not apply to you or Pocketmons. IF YOU DO NOT SEND THIS NOTICE, THEN YOU AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISIONS IN THIS AGREEMENT.
If any part of these Terms is found to be invalid, illegal or unenforceable for any reason, then that provision will be severed from these Terms to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
32. Final Terms
a. All rights not granted to you are reserved by Pocketmons and Pocketmons does not imply or grant you any rights whatsoever to any 3rd party products or services we may supply or facilitate provision of to you.
b. Any reference in these terms to applicable law means the applicable laws, by-laws, regulations, ordinance or rules of any governmental or regulatory authority.
c. These Terms are the final, complete and exclusive agreement between you and us and supercede all prior agreements between us. Except where prohibited by applicable law, we reserve the right to change these Terms at any time without notice. Your continued access to and use of the Services after changes to these Terms indicates your acceptance of such changes. It is your responsibility to review these Terms regularly.
d. If we don't enforce a part of these Terms, it will not be considered a waiver. You can't transfer your rights or obligations under this agreement without our consent. The word "including" means including without limitation. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.
e. If we need to contact you about these Terms, you: (1) agree to receive electronic messages from us; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other messages we send to you electronically satisfy all legal requirements as if they were in writing. We agree that these Terms and all related documents are in English.
We welcome your comments, complaints, questions and suggestions.
Please contact us on: [email protected]