BY USING ANY PART OF OUR SERVICES, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION AND CONSENT TO OUR COLLECTION AND USE OF YOUR DATA AS EXPLAINED IN OUR PRIVACY POLICY. PLEASE READ THEM CAREFULLY.

These terms and conditions of use (“Terms”) constitute a legally binding agreement between you and your guests, as the case may be (“you” and “your”) and Experience Mod LLC, including our affiliates (collectively, “we”, “us”, “our”, “Experience Mod” and/or “Minecraft Experience”), and govern your attendance into any Minecraft Experience event or location, your purchase of Minecraft Experience products and your use of this website, our mobile app. or any of our online service as well as any other content or services we may make available to you (collectively, the “Services”).

These Terms are effective for the duration of your use of our Services; provisions of these Terms, which by their nature should survive termination of your use of the Services, shall survive such termination. You may terminate these Terms at any time by discontinuing all use of our Services. If you fail, or we suspect that you have failed, to comply with any provision of these Terms, we also may terminate this agreement without advance notice or liability. Upon termination, you must cease using our all of Services and destroy all Content obtained by using our Services and all copies thereof.

PLEASE READ SECTIONS 10 AND 13 CAREFULLY AS THEY IMPACT YOUR RIGHTS TO CLAIM FOR INJURIES AND PROVIDE MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVERS.

We reserve the right to modify these Terms at any time, effective upon posting. You can tell when changes have been made by referring to the last updated legend provided. It is your responsibility to check the Minecraft Experience website periodically for changes and we encourage you to check these Terms every time you use our Services. Your continued use of this website and/or use of any of our Services after these Terms have been updated confirms your agreement and acceptance of the update version of these Terms. You may only use the online Services if you are at least sixteen (16) years old. Minors under the age of 16 must be accompanied by an adult or legal guardian to enter the Minecraft Experience event or location. All rights not expressly granted to you are reserved by Minecraft Experience, its licensors, and other third parties.

SECTION 1: THE MINECRAFT EXPERIENCE EVENT OR LOCATION

By entering the Minecraft Experience event and/or location, you agree to adhere to the following rules and guidelines and you acknowledge that we reserve the right to ask you to leave the event and/or location if you do not follow such rules and guidelines.

The following conducts are strictly prohibited: (i) Smoking (including e-cigarettes and vaping), (ii) carrying bags larger than a small backpack, (ii) outside food or beverages, (iv) possession of firearms or other weapons of any kind, illegal substances, and physically violent or verbally abusive actions or behaviors, including discrimination or hate speech of any kind (these will result in immediate expulsion from the Minecraft Experience).

Admission refusal: We reserve the right to refuse your admission if your behavior is believed to be questionable, in which such case, your rights will be revoked, your ticket cancelled and you hereby forfeit any claim to a refund of the ticket price, including any associated service fee or taxes.

Photography: Tripods, commercial filming or photography are strictly prohibited inside the Minecraft experience event and/or location. You may take pictures for personal purposes only.

Image and likeness: By entering the Minecraft Experience event and/or location, you consent to Minecraft Experience’s use and publication of your image, likeness and/or name, and those of your guests and anyone in your party over whom you have custody or guardianship, for any use and purpose, in perpetuity and anywhere, without compensation to, or further authorization from you and you waive and release all rights and claims related thereto.

Safety: You understand that there are safety protocols in place for the Minecraft Experience event and/or location and you confirm that you will follow all applicable protocols and procedures that we provide, which you understand and agree may be changed by us at our sole discretion at any time. Your failure to comply with any such protocol and/or procedures may be grounds for your removal from the event or location.

Minors under sixteen (16) years old may visit a Minecraft Experience event and/or location, provided they are accompanied by a parent or legal guardian. We reserve the right to ask for photo ID at the entrance of the event and/or location.

SECTION 2: SERVICES, CONTENT AND RESTRICTIONS

The Services contain proprietary content, materials and information related to the Minecraft Experience and its products and services, including without limitation, trademarks, logos, trade names, trade dress, service marks, trade identities, databases, articles, posts, text, data, files and all layout, “look and feel”, images, arts, drawings, scripts, names, characters, designs, graphics, instructions, illustrations, photographs, sounds, music, pictures, videos, advertising copy, URLs, technology, software, applications, user interfaces, interactive features of the Minecraft Experience and its products and services as well as the compilation, assembly, and arrangement of such content, materials and information (collectively, “Content”).

Title, ownership and all rights and interest, including patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the Services and the Content are the exclusive property of Minecraft Experience or our licensors or certain other third parties and are protected by law.

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable and personal license to access, attend, view, consume and/or otherwise use the Services and the Content for your personal, non-commercial use only. This limited license may be suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. This limited license or your use of the Services and access thereto does not give you any ownership of, or any interest in, any of the Content.

Prohibited Conduct: In using the Services or the Content, you are prohibited from:

1. doing anything illegal (including, without limitation, the export of data or software to and from the US or other countries), or for obscene or immoral purpose or soliciting others to perform or participate in any unlawful acts or for any such purpose;
2. violating or infringing upon our intellectual property rights or those of others (e.g., unauthorized sharing of copyrighted material, or taking photographs or video/audio recordings of others without their consent);
3. engaging in any activity that violates the privacy or data protection rights of others or leads to harassment, abuse, harm, defamation or bullying of others;
4. engaging in any activity or the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
5. engaging in physical violence or verbal abuse, including discrimination or hate speech of any kind;
6. using the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
7. sending spam or engaging in phishing, or trying to generate or distribute malware;
8. using any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website;
9. circumventing any restrictions on access to, usage, or availability of the Services, interfering with security features of the Services or attempting to decipher, decompile, disassemble, or reverse engineer or modify any of the software comprising or in any way making up a part of our website or other elements of the Services;
10. uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
11. engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services, or expose them to liability;
12. submitting false or misleading information;
13. impersonating or attempting to impersonate us, our employees, other users, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
14. using any of the Services or Content for commercial purposes, including without limitation, to modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of any portion of the Services, including any Content included on our website.

We reserve the right to investigate and prosecute any suspected breaches of these Terms or the Services. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request. We further reserve the right to refuse access to the Services and/or Content to anyone for any reason at any time. We may also suspend or terminate the availability of the Services and Content, in whole or in part, for any reason and without advance notice or liability. Upon suspension or termination of your access to the Services or notice from us, all rights granted under these Terms will cease immediately, and you agree to discontinue using the Services and Content immediately and destroy all Content obtained by using our Services and all copies thereof.

SECTION 3: TICKETS

Tickets: Tickets purchased in connection with the Services are valid only on the selected date and time for admission to the Minecraft Experience and/or event purchased. You agree to arrive promptly at your reservation time and acknowledge that we may not be able to accommodate late arrivals. No tickets refund or exchange will be possible if you do not arrive on time.

Delivery Options: In addition to delivery of a purchased ticket(s) and ticket confirmation via email, we may offer the option to receive your ticket(s) via mobile, app or SMS text delivery.

Ticket Refunds: Tickets purchased in connection with the Services, including those tickets purchased from third parties, are NON-REFUNDABLE.

Ticket Exchanges: Guests may reschedule ticket dates and times up to forty-eight (48) hours before their scheduled visit by following the link in their confirmation email and paying the applicable per ticket exchange fee, unless otherwise stated on the ticket. In addition to paying the applicable ticket exchange fee, customers are responsible to pay for the difference in base ticket price if they change to a date or time with a higher base ticket price. No refund or credit is given for changes from dates with higher costs to dates with lower prices. We do not offer exchanges in the form of a gift certificate or credit. Ticket exchanges are subject to availability and may not be offered for all locations or all dates, blackout periods will apply. We reserve the right to refuse to provide exchanges at our sole discretion.

Event Cancellation: An email correspondence will be initiated from us in the event we are unable to provide services or delivery of purchase goods. If an event is cancelled, we will exchange or refund all purchases for the impacted reservation day and time. Guests may reschedule ticket dates and times by following the link in the cancellation email they will have received from us. Non-attendance or late arrival by you does not constitute an event cancellation.

SECTION 4: PRODUCTS

We may make products available for you to purchase. Prices and availability of products are subject to change without notice and we reserve the right to refuse or cancel any orders placed for a product that may have been listed at an incorrect price.

Returns and exchanges for an in-person purchase must be made in person. All items must be returned in original condition with tags. Clearance merchandise cannot be returned and may or may not be able to be exchanged, subject to availability. Returns and exchanges may be made only with a receipt and within thirty (30) days of purchase. We reserve the right to refuse to provide exchanges in our sole discretion.

We do not warrant that the quality of these products will meet your expectations or that errors won’t occur or be corrected. We reserve the right to limit the sales of products to any person, geographic region, or jurisdiction and to limit the quantities of our products or discontinue any product at any time. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to any purchase of products you may make.

SECTION 5: ACCOUNTS, PASSWORDS AND SECURITY

You may need an account to access some of the Services. When you register, you must provide us with accurate, complete, and up-to-date information for your account and all purchases using our Services. You agree not to use any false or misleading information. If you do, we may suspend or terminate your account.

You are encouraged to create strong passwords: long, complex and unique of at least eight characters using a mix of upper and lower case letters, numbers, and symbols. You must treat such information as confidential, and you must not disclose it to any other person. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of the Services using your identifier, password, or other security information. You are responsible for protecting your password and for any activities or actions occurring in your account, whether or not you know them or are aware of them. If your account is hacked, you agree to immediately notify us and follow our instructions. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We are not liable for any loss resulting from your failure to comply with these requirements.

SECTION 6: ADVERTISEMENT, PROMOTIONS AND OPTING-OUT

As consideration for the rights you have been given to use our Services, you agree that Minecraft Experience and its affiliates, third-party providers, and partners may place advertising on the Services or in connection with the display of Content or information from the Services unless otherwise provided by law.

The Services may include specific sponsored sweepstakes, contests or other promotions. Separate terms and conditions may be provided for these but, if that is not the case, these Terms will apply. We may disqualify late, misdirected, incomplete, corrupted, lost, illegible, or invalid entries. Use of automated entries, votes, or other programs is prohibited. We reserve the right to modify, suspend, cancel, or terminate a promotion, extend and resume the entry period, or disqualify any participant or entry, at any time, for any or no reason, without giving advance notice. We may do so if we cannot guarantee the promotion will be carried out fairly or correctly for technical, legal, or other reasons. These Services may not available in all jurisdictions.

You can opt out of receiving certain or all promotional e-mails by following the unsubscribe instructions provided therein. This will not affect our non-promotional communications about your account, transactions, or servicing.

SECTION 7: UNSOLLICITED SUBMISSIONS

We do not knowingly accept, review or consider, any Unsolicited Submission(s), as defined below. Do not send us any Unsolicited Submission(s), as it is our policy to delete, destroy or return any and all Unsolicited Submission(s) immediately and automatically without reviewing them. Unsolicited Submission(s)s are: any material or information you send us (including without limitation, any ideas, suggestions, proposals, plans, notes, scripts, story lines, text, screenplays, videos, marketing or promotional plans, literary material, audiovisual works, musical compositions) in any form whatsoever, whether par email, postal mail or otherwise.

At all times, we have many products, materials and projects in various stages of development, and the results of these works may be similar or identical to your own creative work and/or Unsolicited Submission(s), and we seek to avoid possible future misunderstandings and disputes. No Unsolicited Submission(s) will be forwarded to, or reviewed by, any of our, or our affiliates’, staff. Accordingly, any similarity between any Unsolicited Submission(s) and any elements in any of our creative work is purely coincidental.

If you ignore this policy and submit any Unsolicited Submission(s) to us, you agree that the Unsolicited Submissions are not confidential and you agree to assign to us all rights of every nature and description, in perpetuity, throughout the universe in and to such Unsolicited Submission(s). As such, such Unsolicited Submission(s) will be deemed, and will remain, our property and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as we see fit, and we will exclusively own all now known or hereafter existing rights in and to any Unsolicited Submission(s) and we and we will be entitled to unrestricted use of such Unsolicited Submission(s) for any purpose whatsoever, by all means and in all media now or hereafter known or devised, without compensation to you of such Unsolicited Submission(s).

You agree that you are not entitled to any credit or notice whatsoever in connection with any Unsolicited Submission(s), and you further agree that by sending Unsolicited Submission(s) you waive the right to make any claim against us relating to such Unsolicited Submission(s), including without limitation, unfair competition, copyright infringement, breach of implied contract or breach of confidentiality.

SECTION 8: DMCA/COPYRIGHT

We respect the intellectual property of others. If you believe that your work has been used in a way that constitutes copyright infringement, please submit your request for review of the alleged infringement by regular mail or email as follows:

Experience Mod LLC
Attn: Legal Affairs
2140 S. Dupont Hwy,
City of Camden, 19934
Email: legal@exmod.com

Please provide the following information in your request: (a) a description of your copyrighted work that you claim has been infringed; (b) a description of the material on the Services that you claim is infringing upon your work, with enough detail so that we may located it on the Service; (c) your statement that you have a good faith belief that the use you have identified is not authorized by the copyright owner, its agent, or the law; (d) your statement, under penalty of perjury, that (1) the information in your notice is accurate and complete, and (2) that you are the owner of the copyrighted work involved or that you are authorized to act on behalf of the owner of the copyrighted work; (e) your address, telephone number, and email address; and your (f) physical or electronic signature.

SECTION 9: DISCLAIMERS

YOUR USE OF ANY OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR MAKE ANY WARRANTY THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF OUR SERVICES OR CONTENT OR PRODUCTS OBTAINED THROUGH THEM WILL MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULL EXTEND OF THE LAW: (1) WE HEREBY DISCLAIM 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 PARTICULAR PURPOSE; (2) WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEM OBTAINED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR WEBSITE OR ANY OTHER WEBSITE LINKED TO IT.

Our Services may include content provided by third parties, including materials provided by other users or third-party licensors, syndicators, aggregators and/or reporting services. We do not intend such third-party content to be referrals or endorsements of the third-party or the information they provide. All statements and/or opinions expressed in the third-party materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Minecraft Experience. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. We will remove any third-party materials from the Services upon request from the owner of such material without notice to you.

SECTION 10: ASSUMPTION OF RISK, RELEASE, WAIVER AND INDEMNITY

You expressly acknowledge that the Services and the Content, including the Minecraft Experience, may contain immersive, large-scale, moving projections, audio-visual effects, moments in the dark and loud noises and other features that may affect your physical senses and/or physical condition, such as dark or tight spaces which may result in disorientation, distraction, and other risks. It is important to follow instructions and be physically fit to engage with the Services. By voluntarily participating, you and your guests accept the potential risks of injury, death, and/or damage associated in any way with your participation in and/or interaction with the Services and you, for yourself and your guest, hereby fully and forever release Minecraft Experience and its owners, affiliates, licensors and employees from any liability for negligence, injuries, or damages and waive any right to bring a claim against Minecraft Experience and its owners, affiliates, licensor and employees in connection with the Services.

If anyone brings a claim in violation of this agreement, you agree to defend, indemnify and hold Minecraft Experience and its owners, affiliates, licensors and employees harmless from any such claims, lawsuits, or liabilities, including our attorney’s fees and expenses. This agreement applies to you, your guests, and anyone making a claim on your behalf.

SECTION 11: LIMITATION OF LIABILITY

TO THE FULL EXTENT OF THE LAW, IN NO EVENT WILL THE MAXIMUM COLLECTIVE LIABILITY OF MINECRAFT EXPERIENCE AND ITS AFFILIATES AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS EXCEED THE AMOUNT YOU PAID IN THE TWELVE MONTHS PRECEDING THE INCIDENT LEADING TO LIABILITY.

THE LIMITATIONS AND DISCLAIMERS SET FORTH IN THESE TERMS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND ARE BINDING, EXCEPT IN CASES OF PRODUCT LIABILITY CLAIMS, INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE BY US.

SECTION 12: INDEMNIFICATION

You agree to indemnify, defend and hold harmless Minecraft Experience and our affiliates, and each of our and their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of your (i) non-compliance of these Terms; (ii) Unsolicited Submissions; (iii) use of the Services and/or Content; (iv) violation of any applicable laws or regulations; (v) violation of the rights of any third party, including any intellectual property right or privacy right; or (vi) use of a third party product, service and/or website. We reserve our right to assume, at your expense, the exclusive defense and control of any matter subject to your indemnification. You agree to cooperate with our defense of any claim and you will not, in any event, settle any claim without our prior written consent.

SECTION 13: ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

Agreement to Arbitrate. You and Minecraft Experience agree that all claims and dispute (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services (“Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court (a “Small Claims Action”) and (ii) to seek injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the District of Delaware, and you hereby waive any objection to jurisdiction and venue in such courts. You agree that you may only bring arbitration claims on your behalf and not on behalf of any other person or entity and, unless the parties agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. Nothing in these Terms shall affect any non-waivable statutory rights that apply to you. To the extent any dispute isn’t arbitrable under applicable laws or otherwise, you agree that the dispute will be resolved exclusively in accordance with Section 14 of these Terms.

Opting-out. If you do not want to settle Disputes by arbitration as described above, you will notify us by sending us written notice (including by email to legal@expmod.com) telling us that you don’t want to use arbitration within thirty (30) days of the date on which you agreed to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide your Arbitration Opt-out Notice within thirty (30) days, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for a Small Claims Action and an IP Protection Action as stated above.

Mandatory Informal Dispute Resolution. If you have a Dispute, then prior to initiating arbitration, you agree to email an individualized request (“Pre-Arbitration Demand”) to legal@expmod.com so that we can work together to resolve the Dispute. A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual, so if it is brought on behalf of multiple individuals, it will be invalid as to all. The Pre-Arbitration Demand must include: (i) your name, account username, telephone number, email address and mailing address, (ii) a description of your dispute, and (iii) your signature. If the Dispute is not resolved within sixty (60) days of the date that you sent your Pre-Arbitration Demand, arbitration may then be filed. You agree that compliance with this subsection is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. Notwithstanding any other provision of these Terms or the AAA Rules (defined below), the party against whom an arbitration has been filed has the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed for failure to comply with the informal dispute resolution process set forth in this subsection.

Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules” available at https://www.adr.org/Rules) then in effect, except as modified by these Terms. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.

Arbitrator. A single neutral arbitrator will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Location & Hearing. Unless the parties otherwise agree, the arbitration will be conducted in the state where you reside, with the option for you to participate by telephone or teleconferencing to the extent the AAA Rules allow. Any Disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, solely based on the documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. For Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the AAA Rules.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules, which will be final and binding upon the parties. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable. Pursuant to the AAA Rules, if the arbitrator determines that a party’s claim was frivolous or brought for an improper purpose, the arbitrator must assign all fees and costs associated with the arbitration to that party. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction over the arbitration award.

SECTION 14: GOVERNING LAW AND JURISDICTION

You agree that these Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware without reference to its conflicts of laws principles. To the extent that these Terms allow you or us to initiate litigation in a court, both you and us agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the state and federal courts located in the District of Delaware.

SECTION 15: CALIFORNIA RESIDENTS

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at: (916) 445-1254 or (800) 952-5210. Their website is located at : http://www.dca.ca.gov

SECTION 16: FINAL TERMS

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services are the complete statement of the agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements or communications, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

If any provision of these Terms is found unenforceable, such portion shall be validly reformed so to as near approximate the intent thereof as reflected in the provision, but, if unreformable, it will simply be removed from these Terms and not affect the validity and enforceability of any remaining provisions.

If we do not enforce a provision in these Terms, it will not be considered a waiver of our rights to enforce these Terms.

We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent.

CONTACT US

Please contact us at hello@mincraftexperience.com if you have any questions or comments about these Terms or your use of the Services.