Effective as of: May 01, 2023
Please read and understand these Terms of Use carefully, as they govern your use of Pocket Bard's specialized services for downloading and utilizing audio content packs, which include music, sound effects, and other audio assets. These terms apply to all Pocket Bard websites and software applications associated with these services, collectively referred to as the "Pocket Bard Service." Furthermore, any music, audio, videos, art, or other material provided through the Pocket Bard Service is considered "Content."
To use the Pocket Bard Service, you must comply with the Pocket Bard Privacy Policy and any additional terms and conditions provided by Pocket Bard, all of which are incorporated into these Terms.
Section 5 below includes a mandatory arbitration provision, as outlined in these
Terms. This provision requires that disputes be resolved on an individual basis through arbitration, instead
of jury trials or any other court proceedings, or class actions of any kind. It is important to note that
arbitration typically involves less discovery and appellate review than a court
process.
These Terms are between you and Pocket Bard LLC,
FIVE GREENTREE CENTRE
525 ROUTE 73 NORTH, STE 104
MARLTON, NEW JERSEY 08053
To use the Pocket Bard Service and access any Premium Content, you must be at least 18 years old to enter into these Terms. If you are under 18, you may use the Pocket Bard Service and access Content only if you are 13 years or older and have obtained parental or guardian consent to enter into these Terms. Additionally, you represent and warrant that any registration and account information you provide to Pocket Bard is truthful, accurate, and complete, and you agree to maintain the accuracy of such information at all times.
The Pocket Bard Premium Service is available through a single flat-rate
subscription fee, granting access to all paid content (“Premium Content”). While certain content
and features may be available at no cost, other content and features require a paid
subscription.
From time to time, we may offer promotional plans or services, including third-party
products and services. Please note that we are not responsible for any products or services provided by
third parties.
Occasionally, we or our authorized representatives may offer trials of the Pocket Bard Premium Service for a set period, either at a reduced rate or free of charge ("Trial"). If you decide to participate in a Trial by using a Pocket Bard Service, you agree to the following terms:
At Pocket Bard, we strive to ensure that the Pocket Bard Service remains operational and that you continue to have an immersive and adaptive audio experience. However, we reserve the right to modify the Pocket Bard Service offerings and their availability at any time, without prior notice or liability to you.
The Pocket Bard Service may be interrupted due to technical issues, maintenance, testing, or updates. We may modify, suspend, or discontinue all or part of the service, including specific features and content, without notice. We are not obligated to provide specific content and may remove it at any time without notice. If we permanently discontinue a paid subscription for which you have prepaid fees, we will refund the prorated portion of the prepaid fees for the remaining Prepaid Period. However, we assume no liability and have no obligation to provide a refund for outages or failures caused by government authorities, third parties, or events beyond our control.
Pocket Bard may integrate with Third-Party Applications and Devices, which may have
additional terms and policies. Compatibility with the Pocket Bard Service is not guaranteed.
To access Pocket Bard Premium Content, you must create a Pocket Bard account. You must keep your username and password confidential, and may not share your account information with others in order for others to avoid paying for Pocket Bard Premium Content. You are responsible for any use, authorized or not, of your account. If you suspect unauthorized access or loss/theft of your username or password, please contact support@pocketbard.app.
(i) Access
You are granted permission to use the Pocket Bard Service and Content for personal, non-commercial purposes, as long as you comply with these Terms. This permission can be revoked by Pocket Bard or terminated by you. The transfer or redistribution of the Pocket Bard Service or Content is prohibited.
(ii) Ownership
Pocket Bard software applications and Content are licensed, not sold, and remain the property of Pocket Bard and its licensors, even after installation on your Devices.
(iii) Use for Streaming and Content Production
Pocket Bard allows users to stream or record their in-game use of the Pocket Bard Service, such as actual-plays and live-streams. You may distribute that content as long as the app is being used as intended, as an accompaniment and enhancement to the gaming experience. The audio from Pocket Bard may not be the primary focus of the content posted. You do not have the right to simply record the audio unaltered and repost it online or in any unaltered form. Reposting unaltered audio from the app can be damaging to our business and our ability to continue improving the app and adding new content. Please do not do this. If you are producing content under the allowed contexts for using audio from Pocket Bard, we kindly ask that you credit Pocket Bard. While it may not be legally required under Fair Use, giving credit to Pocket Bard is appreciated and helps us to continue creating new content for the community.
(iv) Pocket Bard Brand Rights
You may use Pocket Bard's branding when referring to the Pocket Bard Service and its associated offerings. A brand/press kit with assets is available on our website for your convenience. However, you may not use the Pocket Bard brand or any Pocket Bard brand material for imitation or misrepresentation of association or connection with the brand. Additionally, you agree to abide by the Pocket Bard User Guidelines and to use the Pocket Bard Service and the Content only in ways expressly permitted by these Terms.
(v) Ideas & Suggestions Submitted to Pocket Bard
By submitting any ideas, suggestions, feedback, or other similar information to Pocket Bard, through any channel (official or personal), you acknowledge and agree that Pocket Bard may use and exploit such information for any purpose, including but not limited to the development, improvement, and marketing of our products and services. Furthermore, you acknowledge and agree that Pocket Bard has no obligation to compensate you or any third party for the use or exploitation of such information. Additionally, you represent and warrant that you have all necessary rights and permissions to submit such information to Pocket Bard and that the submission of such information does not violate any rights of any third party.
We take user suggestions very seriously, and they help to guide the course of the app. All suggestions and ideas submitted are greatly appreciated by the team.
(i) Billing
Pocket Bard's paid subscription is currently only available for purchase through the app stores. Billing and subscription purchases are processed exclusively through the Google Play Store and Apple App Store. Please note that the terms and conditions of these third-party platforms may also apply to your billing and subscription management of the Pocket Bard Service in addition to our own Terms. If you have any questions or concerns about refunds or managing your subscription, please contact the relevant app store customer support.
We may offer the application and accept payment through other channels in the future, and we will inform our users of any such changes through the Pocket Bard website and/or mobile application.
(ii) Price changes
Pocket Bard reserves the right to modify paid subscriptions, including recurring subscription fees, the Prepaid Period (for periods not yet paid), or Promotional Offers at its sole discretion. We will communicate any changes to subscription fees or prepaid periods to you in advance. Price changes will become effective at the start of the next subscription period following the date of the price change. By continuing to use the Pocket Bard Service after the price change takes effect, you agree to the new price. If you do not agree to the price change, you may reject it by unsubscribing from the applicable paid subscription prior to the price change going into effect.
(iii) Renewal and cancellation
Unless you have paid for a Prepaid Period, your payment to Pocket Bard or a third party for your paid subscription will renew automatically at the end of the subscription period, unless you cancel your subscription before the end of the current period. To cancel your subscription, please follow the cancellation process provided by the app store (Google Play Store or Apple App Store) you used to subscribe. After the cancellation, you will be downgraded to the free version of the Pocket Bard Service.
We do not provide refunds or credits for any partial subscription periods, except as explicitly stated in these Terms or required by law. However, we may provide refunds or credits at our sole discretion, such as in the event of technical problems with the Pocket Bard Service that we are unable to resolve. Please contact our customer support team for assistance in these cases.
We hope these changes help to clarify the terms regarding payments and cancellations. Let us know if you have any further questions or concerns.
To ensure that everyone can enjoy the Pocket Bard Service, we have created rules that you must follow when using it. These rules are in addition to any laws and regulations that apply, and you must also respect the intellectual property, privacy, and other rights of others while using the service.
(i) Prohibited acts
To use the Pocket Bard Service, you agree not to engage in any of the following activities:
Engaging in any of these prohibited activities may result in the termination of your account, and legal action may be taken against you.
We reserve the right to modify or update these user rules at any time. We will notify you of any such changes through the Pocket Bard website or mobile application.
If you create an Organizational Account on behalf of a Company, Organization, or Brand, you affirm that you have the authority to grant all the permissions mentioned in these Terms of Service (including any additional terms from Pocket Bard), and to bind your organization to these Terms of Service. By creating an Organizational Account, the terms "you" and "your" in these Terms of Service (including any additional Pocket Bard terms and conditions incorporated by reference) apply to both you and your organization.
Organizational Accounts should be used only within the bounds of the activities of the organization for which the account was created. For example, if an Organizational Account is created for a gaming store for the purposes of running games at that store's location or associated online accounts, employees or those associated with running games for that store may all log into the company account to carry out these activities. However, employees or owners should not share the passwords or log into company accounts for personal use or to circumvent the terms in this agreement prohibiting the sharing of passwords. Doing so may result in the termination of the account and legal action against the individuals involved.
It is the responsibility of the organization to ensure the security of the Organizational Account and to monitor the activities of its employees or associates using the account. The organization must take appropriate measures to ensure compliance with these Terms of Service, including any additional terms from Pocket Bard, and promptly address any unauthorized use or breaches of the terms.
F. Export control and sanctions
Certain Pocket Bard products and services are subject to trade control laws, including the export control and economic sanctions laws of the United States, the European Union, the United Kingdom and other jurisdictions, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), the International Traffic in Arms Regulations maintained by the U.S. Department of State, Regulation 2021/821 as amended (EU Dual-Use Regulation), the UK Export Control Act 2002 and the UK Export Control Order 2008 (collectively, "Trade Control Laws"). You represent and warrant that you are (1) not located in, organized under the laws of, or ordinarily resident in any country or territory subject to territorial sanctions ("Sanctioned Country"), nor are you owned by or acting on behalf of a Government subject to asset-blocking sanctions or any person or entity organized, located or ordinarily resident in a Sanctioned Country; and (2) not a person identified on, or more than 50% owned or controlled, directly or indirectly, by or acting on behalf or at the direction of any entity identified on, U.S., E.U., U.K., or other applicable government restricted party lists, such as the Specially Designated Nationals List maintained by OFAC, the Consolidated list of persons, groups and entities subject to EU financial sanctions, or the UK Consolidated List.
You agree to comply with all applicable Trade Control Laws in your use of the
Pocket Bard Service. Specifically, you agree not to, directly or indirectly, use, sell, supply, export,
reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology
(including products derived from or based on such technology) received from Pocket Bard under these Terms to
any destination, entity, or person or for any end use prohibited by applicable Trade Controls Laws. Pocket
Bard shall not be required to act in any way that is prohibited under applicable Trade Control Laws, and it
shall be in the sole discretion of Pocket Bard to refrain from being directly or indirectly involved in the
provision of products or services that may be prohibited under applicable Trade Control Laws.
A. Pocket Bard Discord Community:
The Pocket Bard Discord Community is the central hub for our community. Our team
answers questions, facilitates communication, and provides development updates through various channels on
our Discord server. It's the best place to connect with the Pocket Bard team, the community, and our
team of moderators. Response times on the Discord server may be faster than other channels, as our
moderators are actively engaged in assisting users.
B. Customer Support, Information, Questions, and Complaints:
If you encounter any issues or have any questions regarding the Pocket Bard Service, please contact us at support@pocketbard.app. We value your feedback and take all complaints seriously. If you have a complaint, please contact us at the same email address and we will do our best to address your concerns. We aim to respond to all inquiries and complaints within 48 hours; however, please note that response times may vary depending on the volume of requests we receive.
For the fastest response times, we encourage users to join our Pocket Bard Discord
Community, where our team of moderators is available to assist with any questions or concerns.
A. Suspending and Terminating the Pocket Bard Service
These Terms will remain in effect until either you or Pocket Bard cancel them. Pocket Bard reserves the right to cancel these Terms (including any additional terms and conditions) or temporarily suspend your access to the Pocket Bard Service at any time if we suspect a breach of these Terms, if we discontinue providing the Pocket Bard Service, or if we need to comply with applicable laws.
If Pocket Bard cancels these Terms or temporarily suspends your access to the Pocket Bard Service, we will not be held responsible or liable to you, and we will not refund any fees you have already paid (unless expressly stated otherwise in these Terms). You may cancel these Terms at any time, but upon doing so, you must stop using the Pocket Bard Service. To learn how to cancel your Pocket Bard account, please contact support@pocketbard.app.
Even if these Terms are terminated, certain sections will continue to apply. These sections include Section 2 (The Pocket Bard Service), Section 3 (Your Use of the Pocket Bard Service), except as otherwise stated in that section, Section 5 (Problems and Disputes), Section 6 (About These Terms), and any other sections of these Terms that must remain in effect to fulfill their purpose or as required by law.
B. Warranty Disclaimers
THE POCKET BARD SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ADDITIONALLY, POCKET BARD AND ALL OWNERS OF THE CONTENT DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE CONTENT.
POCKET BARD AND ANY CONTENT OWNER MAKE NO WARRANTIES THAT THE POCKET BARD SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. FURTHERMORE, POCKET BARD DOES NOT REPRESENT, WARRANT OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES, OR PRODUCTS AND SERVICES ADVERTISED, PROMOTED, OR OFFERED BY THIRD PARTIES THROUGH THE POCKET BARD SERVICE OR ANY HYPERLINKED WEBSITE. POCKET BARD IS NOT LIABLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING.
ANY INFORMATION OR ADVICE OBTAINED FROM POCKET BARD, WHETHER ORAL OR WRITTEN, DOES NOT CREATE ANY WARRANTY ON BEHALF OF POCKET BARD. WHILE USING THE POCKET BARD SERVICE, EXPLICIT CONTENT FILTERING FEATURES MAY BE AVAILABLE, BUT SUCH FEATURES ARE NOT RELIABLE FOR FILTERING ALL EXPLICIT CONTENT AND SOME EXPLICIT CONTENT MAY STILL BE SERVED. THIS SECTION APPLIES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
It's possible that in certain jurisdictions, the exclusion of implied warranties or the limitations on applicable statutory rights of a consumer may not be permitted, which means that the exclusion and limitations outlined in this section might not be applicable to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY REMEDY FOR ANY ISSUES OR DISCONTENT WITH THE POCKET BARD SERVICE IS TO UNINSTALL THE POCKET BARD SOFTWARE AND DISCONTINUE USING THE POCKET BARD SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT POCKET BARD IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, WHICH ARE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE POCKET BARD SERVICE. YOUR USE OF SUCH THIRD-PARTY APPLICATIONS MAY BE SUBJECT TO SEPARATE AGREEMENTS WITH THE THIRD PARTIES PROVIDING THEM, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ISSUES OR DISCONTENT WITH SUCH THIRD-PARTY APPLICATIONS OR CONTENT IS TO UNINSTALL OR STOP USING THEM.
POCKET BARD, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, WHETHER DIRECT OR INDIRECT, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE POCKET BARD SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY, EVEN IF POCKET BARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
POCKET BARD'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE POCKET BARD SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO POCKET BARD DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
D. Infringement Policy
We respect the intellectual property of others, and we ask our users to do the same. Pocket Bard Services, including the Content and other materials incorporated by us in the Pocket Bard Services, are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by us in the Pocket Bard Services are also protected as registered or unregistered copyrights, trademarks, trade names and/or service marks owned by us or others.
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right, but without obligation, to terminate your license to use the Pocket Bard Services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that any Content is defamatory or infringes your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:
By Mail
FIVE GREENTREE CENTRE
525 ROUTE 73 NORTH, STE 104
MARLTON, NEW JERSEY 08053
By email: claims@pocketbard.app
Pocket Bard will have no liability for any infringement claim of any kind on claims resulting from: (a) modifications made other than by Pocket Bard; (b) unauthorized or unlicensed use; (c) any third-party applications or services; or (d) the combination, operation or use of any component of the Pocket Bard Services with equipment, devices or software not authorized by Pocket Bard, to the extent such a claim would have been avoided if the Pocket Bard Services were not used in such combination.
If your use of the Pocket Bard Services are, or in our opinion is likely to be, enjoined due to the type of infringement specified in the Infringement Policy above, Pocket Bard may, at its sole option and expense: (a) procure for you the right to continue using the same under the terms of this Agreement; (b) replace or modify the same so that it is non-infringing; or (c) if options (a) and (b) above cannot be accomplished despite Pocket Bard’s commercially reasonable efforts, then Pocket Bard may terminate your rights and Pocket Bard’s obligations hereunder with respect to the applicable Service and refund a pro-rated portion of any pre-paid fees paid therefor, based upon your use to date, as applicable.
The provisions of this Section sets forth Pocket Bard’s sole and exclusive obligations, and your sole and exclusive remedies, with respect to infringement of any proprietary or intellectual property rights of any kind.
You understand and acknowledge that the owners of the Content, as well as certain distributors, such as app store providers, are intended beneficiaries of these Terms. They reserve the right to enforce these Terms directly against you. Except as specified in this section, these Terms do not grant any rights to any party other than you and Pocket Bard. These Terms do not create any third-party beneficiary rights, except as expressly provided herein.
If you downloaded one of our mobile software applications, also known as an
"App," from the Apple Inc. App Store or use the App on an iOS device, you agree to the following
provisions regarding Apple. These Terms are an agreement solely between you and Pocket Bard, and not with
Apple. Apple is not responsible for the Pocket Bard Service or its content. Apple has no obligation to
provide any maintenance or support services for the Pocket Bard Service. In the event that the Pocket Bard
Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the
purchase price of the App to the extent required by law. Apple has no other warranty obligation with respect
to the Pocket Bard Service. Apple is not responsible for addressing any claims by you or any third party
related to the Pocket Bard Service, including, but not limited to, product liability claims, claims that the
Pocket Bard Service fails to conform to applicable legal or regulatory requirements, and claims arising
under consumer protection or similar legislation. Apple is not responsible for the investigation, defense,
settlement, or discharge of any third-party claim that the Pocket Bard Service or your use of the App
infringes on that third party's intellectual property rights. You agree to comply with any applicable
third-party terms when using the Pocket Bard Service. Apple and its subsidiaries are third-party
beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce
these Terms against you as a third-party beneficiary.
F. Indemnification
You acknowledge and agree that you will be responsible for any damages, losses,
and expenses of any nature (including reasonable attorney's fees and costs) that Pocket Bard incurs as a
result of: (1) your breach of any provisions of these Terms (including any additional terms and conditions
that Pocket Bard may incorporate into these Terms); (2) your actions or omissions while using the Pocket
Bard Service; and (3) your violation of any applicable laws or the rights of any third party.
G. Governing Law, Jurisdiction, and Jury Trial Waiver
The relationship between you and Pocket Bard as a user of the Pocket Bard Service, including any dispute, claim, and/or controversy arising from or related to these Terms, is subject to the laws of the state of New Jersey, except to the extent preempted by or inconsistent with federal law. You and Pocket Bard agree that any dispute not subject to mandatory arbitration under the Arbitration Agreement below shall be resolved exclusively by the federal or state courts located in New Jersey, and you waive any objections to the jurisdiction, venue, or convenience of such courts. The parties also agree to waive any right to a trial by jury, to the fullest extent permitted by applicable law.
The parties hereby expressly agree to waive any right to a trial by jury, to the
maximum extent allowed by the relevant law.
This section outlines the process for resolving disputes between you and Pocket Bard. Both parties agree that any disputes (including contract, tort, fraud, or other legal claims) will be resolved through binding individual arbitration, with a few exceptions.
The arbitrator has the authority to rule on all issues, except those specifically reserved for the court, including arbitrability, validity, and enforceability of the Arbitration Agreement. Court review of an arbitration award is limited. The arbitrator can award the same damages and relief as a court, but the arbitrator may not award relief benefiting anyone other than the parties involved.
Disputes relating to intellectual property rights will be brought to the federal courts of Jersey City, New Jersey. Both parties have the right to bring individual actions seeking injunctive relief in a court of law, in accordance with the governing law, jurisdiction, and jury trial waiver section. Additionally, this Arbitration Agreement does not prevent either party from bringing issues to the attention of federal, state, or local agencies.
Both parties agree that claims will be brought only in their individual capacity and not as part of a class or representative action. No arbitrator or judge may consolidate multiple claims or preside over any form of representative or class proceeding. The arbitrator may award injunctive relief solely to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Before seeking arbitration, a party must send a written Notice to the other party, which includes a description of the dispute, the alleged damages, and the relief sought. Notices to Pocket Bard should be sent by email to claims@pocketbard.app, and Notices to you must be sent to the email address associated with your Pocket Bard account.
When one party has a dispute with the other party, they must provide a written
notice containing all required information. The parties agree to engage in good faith for 60 days to attempt
resolving the dispute informally. During this period, the party receiving the notice may request a telephone
or video settlement conference. If the parties cannot resolve the dispute during this period, they may
proceed with arbitration. However, the party must wait until the tolling period has ended before commencing
arbitration. The tolling period lasts for 30 days after the completion of the informal resolution period or
30 days after the completion of the informal settlement conference if one is held. This section aims to
provide the parties an opportunity to resolve disputes without resorting to arbitration. If either party
fails to comply with the requirements of this section, a court can enjoin the filing or prosecution of
arbitration, and the arbitration administrator cannot accept or administer the arbitration or demand fees in
connection with it. Nevertheless, a party still has the right to raise non-compliance with the requirements
of this section and seek appropriate relief in arbitration.
Arbitration proceedings can be initiated by either you or Pocket Bard. Disputes between you and Pocket Bard will be resolved through arbitration administered by JAMS, in accordance with their rules for the type of dispute. This includes the Comprehensive Arbitration Rules and Procedures and/or the Streamlined Arbitration Rules and Procedures (JAMS Rules), as modified by this Arbitration Agreement. The Federal Arbitration Act will apply and govern the interpretation and enforcement of this Arbitration Agreement, despite the choice of law provision above. The JAMS Rules, along with instructions on how to file a demand for arbitration (Demand) with JAMS, can be found at https://www.jamsadr.com/submit/. The party initiating the arbitration (and their counsel, if represented) must personally sign the Demand and attach the relevant Notice.
If JAMS is unable, unwilling, or unavailable to administer the arbitration, the parties will agree on another administrator. If they cannot agree, a court will appoint one. To initiate arbitration, the claimant must send a copy of the Demand to JAMS and the other party. If you initiate arbitration, you must serve the Demand to Pocket Bard's registered agent and via email. If Pocket Bard initiates arbitration, it must serve the Demand to you at the email address associated with your Pocket Bard account. The claimant must certify in the Demand that the requirements outlined in the "Pre-arbitration Notice of Dispute and Informal Resolution Period" section have been met and attach a copy of the Notice.
Both parties have the right to request a hearing in arbitration. Hearings will be conducted by phone or videoconference whenever possible. If a hearing must be held in person, it will take place in the county or parish where you reside, or at another mutually agreed-upon location.
Like in court, all participating counsel must comply with Federal Rule of Civil Procedure 11(b) and certify that the claim or relief sought is not frivolous or brought for an improper purpose. The arbitrator can impose sanctions against parties and counsel under JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law.
Pocket Bard will pay all fees if it initiates arbitration. If you initiate arbitration, the allocation and payment of fees will follow JAMS Rules unless a court order or the terms of this Arbitration Agreement require a different allocation. Both parties agree that arbitration should be cost-effective and can engage with the arbitration administrator to negotiate fee reductions and deferred payments.
Regardless of the format of the arbitration, the arbitrator will issue a written decision explaining the essential findings and conclusions on which the decision and award are based. The arbitrator may consider rulings in other arbitrations involving different users, but their rulings will not be binding in any proceeding involving different users. The arbitrator can make rulings and resolve disagreements regarding fee payments or reimbursements during the proceeding, and upon request within fourteen days of the ruling on the merits. Any arbitration award that has been satisfied cannot be filed or entered in court.
You and we agree to maintain the confidential nature of the arbitration and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision, and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by applicable law or court order.
Under applicable law, you may have certain rights that can't be limited
by a contract. These Terms are in no way intended to restrict those rights.
We reserve the right to modify these Terms, which may include incorporating additional terms and conditions, by providing notice of the changes through reasonable means, such as posting the revised Terms on the applicable Pocket Bard Service. For significant changes, we will seek to supplement such notice with email, in-service pop-up messages, or other prominent notices within the Pocket Bard Service. Your continued use of the Pocket Bard Service after the changes will indicate your acceptance of the revised Terms. However, if you are a Premium Subscriber and do not wish to accept the updated Terms, you must close your Pocket Bard account before your renewal date or within thirty (30) days after the Effective Date, whichever comes first.
If we make any significant changes to the Arbitration Agreement, except for changes to the notice address, you can reject the changes by sending us a written, signed notice of your decision to opt-out of those changes via email to claims@pocketbard.app. You must send this notice within thirty (30) days of receiving notification of the change and include your name, address, email address associated with your Pocket Bard account, phone number, and Pocket Bard username. The opt-out notice must be sent by you personally from your personal email address, and not by anyone else claiming to act on your behalf.
It is important to note that opting out of a significant change to the Arbitration Agreement does not mean you are opting out of arbitration altogether. Regardless of the opt-out, you and Pocket Bard agree that any Dispute will be resolved through binding individual (not class) arbitration, following the Arbitration Agreement in effect immediately before such opt-out.
If any provision of these Terms is deemed invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions of these Terms, unless otherwise stated. To the extent permitted by law, the provision in question will still be enforced.
Pocket Bard's or any third-party beneficiary's failure to enforce
these Terms or any provision of these Terms will not be considered a waiver of their right to do
so.
Pocket Bard may assign any or all of these Terms and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms to any third party.