TERMS OF SERVICE

Please read these Terms of Service and our Privacy Policy carefully before using any of the GoodMood PBC’s Services.

Whenever you use GoodMood PBC’s Services, you agree to be bound by all of the terms and conditions of these Terms of Service. If you don’t agree to all the terms and conditions you must not use our Services.
 

  • References to “GoodMood PBC,” “Our,” “Us” or “We” means GoodMood PBC.
  • GoodMood PBC is located at 3511 Silverside Road, Suite 105, Wilmington, Delaware 19810.
  • In all cases, “GoodMood PBC,” “Us,” “Our” “We” includes agents, consultants, employees, officers and directors.

1. DEFINITIONS

“Account” means an account you create when you access GoodMood PBC’s Services.

“Community Guidelines” means the rules of conduct that govern your interaction with our Services and other players and can be found here.

“Feature Guidelines” means any other rules related to specific GoodMood PBC services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that We may publish which apply to your use of those specific services and state they are part of these Terms of Service.

“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that GoodMood PBC may offer from time to time to certain eligible players.

“Service(s)” refers to products, games, services, content, GoodMood4u.com and/or the other domains provided by GoodMood PBC.

“Terms of Service” or “Terms” means these Terms of Service.

“User Content” means all the data that you upload or transmit on or through the Service. This includes but it’s not limited to things like your profile picture and your in-game chat.

“Virtual Items” means virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services, and virtual in-game items.

 

2. CHANGES TO THESE TERMS

We reserve the right, at Our discretion, to change, modify, add or remove portions of these Terms of Service, Community Guidelines, Feature Guidelines, and Privacy Policy at any time by posting the amended Terms of Service, Community Guidelines, Feature Guidelines, or Privacy Policy on our sites or within the Service, including through in-game notices.

We may provide additional notices, such as an e-mail message or messaging within the Services, of any material changes. Unless We state otherwise, changes are effective when posted. Your continued use of the Services after the changes are posted means that you agree to the changes. New versions of the Terms of Service, the Community Guidelines and the Privacy Policy and any other policies, codes or rules will be accessible at www.goodmood4u.com or possibly from within the Services.

If you have a dispute with GoodMood PBC, then the then current version of the Terms, the Community Guidelines, Feature Guidelines, and the Privacy Policy in effect at the time GoodMood PBC received actual notice of the dispute will apply to such dispute. However, your continued use of the Service after the changes are posted, means that you are agreeing that the changes apply to your continued use of the Services.

You can’t make changes to the Terms, Community Guidelines, Feature Guidelines, or Privacy Policy.

If the Terms of Use and/or the Privacy Policy have provisions that conflict with other GoodMood PBC terms or policies, then the provisions in these Terms of Use and/or the Privacy Policy shall prevail over such other GoodMood PBC terms and policies.

 

3. ACCOUNT INFORMATION AND SECURITY

In order to use our Services, We may ask you to create an Account and select a password and/or provide Us with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with GoodMood PBC's Privacy Policy.

You agree to supply GoodMood PBC with accurate, complete, and updated information, particularly your email address.

You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether or not authorized by you, including but not limited to any purchases made via your account.

You must report to Us immediately any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.

 

4. USE OF OUR SERVICES

We are excited to have you start playing Our games, but there are some limitations on who can use and how you can use Our Services, as follows:

a) You shall not post and/or make available to the public any other user’s personal information within the games and/or any game-related Services without that user’s express prior written consent;

b) You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself;

c) Violate the contractual, personal, intellectual property, or other rights of any party, or promote or initiate any illegal activity;

d) You shall not use the Services if you have previously been removed by GoodMood PBC, or previously been banned from playing any GoodMood PBC game;.

e) You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;

f) You shall not transmit or post any content or use language deemed to be offensive, including, without limitation, content or language that is unlawful, harmful, obscene, threatening, abusive, vulgar, hateful, harassing, defamatory, sexually explicit, or racially, ethnically, or otherwise objectionable, nor may you spell or use an alternative spelling method to circumvent or attempt to circumvent the content and/or language restrictions listed above;

g) You shall not disable, interfere with, or circumvent any security feature of the Services, games, or any other feature that restricts or enforces limitations on the use of or access to the Services, games or any of its Contents;

h) You shall not sell GoodMood PBC’s games or any of their parts, including but not limited to Virtual Currency, Virtual Items, Accounts, and/or access to Accounts, to any party in exchange for anything of real value;
i) You shall not engage in cheating or any other activity deemed fraudulent by GoodMood PBC;

j) You shall not participate in any activities and/or perform any acts that, in GoodMood PBC’s sole discretion, may lead to, or may result in an authorized user of the games being defrauded of Virtual Currency or Virtual Items that user has earned through authorized gameplay and/or purchased via the games;

k) You shall not use the Services or games if you cannot enter into a binding contract with GoodMood PBC, which means you are “NOT” 18 years old or older; and/or

l) You shall not use the Services or games if you have previously been banned from playing any GoodMood PBC game or using any of the GoodMood PBC Services.

If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms of Service.

Additional Important Rules and Terms : If you use our Service, you must follow the GoodMood PBC Community Guidelines and all of the other Feature Guidelines that may apply. These additional rules and terms apply in addition to these Terms of Service and are important. Please read them. If you access the Service from a social network or download the Service from another platform, such as Apple or Google, you must also comply with their terms of service/use as well as these Terms of Service.

Accessing Our Service : To access or play Our games or create an account with Us, you may need an account with a social network, like Facebook, and, if you are using Our mobile Service, an account with the company that provides your mobile applications, like an iTunes account. You may need to update third party software from time to time to receive the Services and play GoodMood PBC’s Games.

It is your responsibility to provide any and all necessary equipment (computer, phone, tablet, etc.) and pay any and all fees to connect to the Internet and app stores, and/or for data and cellular usage to download and use the Services.

Service Changes and Limitations : As Our Services are evolving We may require that you accept updates to the Services as well as to the Terms, Community Guidelines, and the GoodMood PBC Privacy Policy. From time to time we may make you update the game or your software to continue to use Our Services. We may perform these updates remotely, including but not limited to GoodMood PBC’s software residing on your computer and/or mobile devices, without notifying you.

GoodMood PBC reserves the right to stop offering and/or supporting the Services or any particular game or parts of the Services at any time, either permanently or temporarily, at which point your license to use the Services or any part of it, will be automatically terminated or suspended. If that happens, GoodMood PBC is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services or for virtual goods previously earned or purchased.

GOODMOOD PBC MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AND/OR ACCESS TO THE SERVICES AND/OR ANY PORTION OF IT AND PROHIBIT ACCESS TO GOODMOOD PBC GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, AND DELAY OR REMOVE HOSTED CONTENT, AND GOODMOOD PBC IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

If you believe that any action taken by GoodMood PBC against you was done in error, then please visit: www.goodmood4u.com, or please email: privacy@goodmood4u.com.

Deleting your Account : You may stop using the Service at any time, and you may request that GoodMood PBC stop making active use of your data at any time, by following Our instructions in the Privacy Policy. Unless the local laws where you are located require otherwise, We will not provide refunds, benefits or any other kind of compensation if you request deletion of your Account.

 

5. OWNERSHIP; LIMITED LICENSE

Games and Service : The Services are comprised of works owned by GoodMood PBC, and it is protected by trademark, copyright, patent, trade dress, and other US and non-US intellectual property laws, as well as other applicable laws, rules and regulations. GoodMood PBC owns, has licensed, and/or otherwise has the right to use all of the content that appear in the Services. These Terms of Service do not grant you or any other party any right, title or interest in the Services or in any content found in or with the Services.

So long as you abide by these Terms of Service and any other applicable rules, including the Community Guidelines, GoodMood PBC grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations noted in these Terms of Service, to access and use the Services using a GoodMood PBC supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

If you violate any of these Terms of Service, or any of Our other terms that apply to you, We may take action against you, up to and including permanently suspending/terminating your account. In addition, if you are found to be breaking the law, including violating any of GoodMood PBC’s intellectual property rights, then We may report you to the appropriate law enforcement agency. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GOODMOOD PBC’s GAMES, IS A VIOLATION OF GOODMOOD PBC’s POLICIES AND MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS.

Your Account and Virtual Items : Notwithstanding anything contained herein to the contrary, regardless of what anything else says in these Terms of Service, the Community Guidelines, or any of the other Feature Guidelines that apply to features you may choose to use, you do not own the Account that you create on Our Service, including in Our games, and your Account is not your property. This also applies to other stuff, like in-game currency or items, regardless of whether you “earned” those items in a game or “purchased” them. Your Account and any related items are owned by GoodMood PBC. GoodMood PBC gives you solely a limited license to use your Account and the related items while We offer the Services.

WE MAY, IN OUR SOLE DISCRETION, DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR MORE.

You are not allowed to transfer in any way Virtual Items outside of the Service, for example by selling, exchanging, or gifting them. We won’t recognize such transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to do those transfers of in-game Virtual Items for money or exchange Virtual Items for value of any kind outside of a game. Any such transfers or attempted transfers are prohibited and void ab initio, and We may terminate your Account for trying to do them, in Our sole discretion.

User Content : By transmitting or uploading any User Content onto the Service, you agree that the Content will be:

  • accurate;
  • not in violation of the law;
  • not confidential;
  • not in violation of any contractual restrictions and/or any other parties’ rights, and that you have obtained written permission from any applicable third party whose personal or other information or intellectual property is being uploaded and contained within the User Content;
  • free of adware, spyware, viruses, worms and/or any other malicious codes;
  • are in compliance with GoodMood PBC’s Community Guidelines.All of Your User Content will be processed and handled by GoodMood PBC in accordance with its Privacy Policy, as noted therein.


You hereby acknowledge and agree that you own your User Content, but you hereby give GoodMood PBC a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, license to use your User Content and any modified and derivative works thereof in connection with the Service, including but not limited to marketing and promotions. To the extent allowed by applicable laws, you hereby waive any and all moral rights you may have in any uploaded User Content, including but not limited to being identified as the author of the User Content or any right to object to any use of that User Content.

GoodMood PBC’s license to your User Content ends upon your request to delete your User Content by submitting a request to privacy@goodmood4u.com stating that you no longer want GoodMood PBC to use your User Content, with the following exceptions:

Any User Content submitted in response to a GoodMood PBC promotion, will be subject to the terms and conditions of the promotion;

Any User Content which is shared with others, and which they have not deleted and/or have already used publicly as allowed under these Terms of Service; and

Any User Content subject to a separate license with GoodMood PBC, will be subject to the terms of such particular license.

Notwithstanding anything contained herein to the contrary, in situations where you request deletion of your User Content we will take reasonable measures to remove your User Content, which may include but is not limited to suppressing your User Content in our systems; however, and regardless of our attempts, you hereby acknowledge that User Content may linger in our systems, including back-up copies of such User Content. You also agree that we may also retain copies of User Content if we are required to do so by law.

When you post your observations and comments on the Service, including the blogs, forums, and chat features, We cannot guarantee that other players will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. GOODMOOD PBC WILL NOT BE RESPONSIBLE FOR ANY OTHER PERSON’S USE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT YOU POST IN ANY OF OUR BLOGS, FORUMS, AND/OR CHAT ROOMS.

 

6. MONITORING USE OF THE SERVICES AND USER CONTENT

Notwithstanding anything contained herein to the contrary, We have no obligation to monitor any User Content and We are also not responsible for monitoring the Service for any kind of inappropriate or illegal User Content and/or conduct by any other players. Nevertheless, We reserve the right, in our sole discretion, to monitor, edit, refuse to post, and/or remove any User Content.

In addition, We may also, at our sole discretion, choose to record and/or monitor your activities within the Service and/or your communications with GoodMood PBC and/or other players, including but not limited to chat, text and/or voice communications, whenever you use the Service.

GoodMood PBC is not responsible for any materials, information, services, or products provided by other players. Nonetheless, if you know of anyone who is violating these Terms of Service and/or misusing the Service, please let Us know immediately by using the "Report Abuse" link provided in the Service or contact Us at Customer Support.

 

7. YOUR DEALINGS WITH OTHER PLAYERS

You are solely responsible for all of your interactions with other players. If you have any kind of problem with any other player, We are not required to get involved, but We can if We choose to do so.

Additionally, if you have any kind of dispute with any other player, you hereby release GoodMood PBC and its employees, officers, directors, subsidiaries, and agents, from any and all responsibilities, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or related to that dispute, including but not limited to damages for loss of data, profits, and/or goodwill.

You hereby acknowledge and agree that, if you live in California, you waive California’s Civil Code §1542, which says: "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 settlement with the debtor."

 

8. PAYMENT TERMS

GoodMood PBC provides a service, in the form of access to games and Virtual Items. Within the Service you may use real currency/money, in order to obtain a limited license to use the Virtual Items and/or other goods and/or services.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. GoodMood PBC may revise the pricing for the goods and services offered through the Service at any time.


YOU ACKNOWLEDGE THAT GOODMOOD PBC IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

This is How it Works : You get a limited license to Virtual Items by visiting the purchase page in one of our games and providing billing authorization through the platform on which You are playing (e.g., Facebook, Apple iOS, Android).

Virtual Items purchased in Our games on other platforms such as Facebook, Apple iOS, or Android will be subject to those platforms’ payment terms and conditions. GoodMood PBC does not control how you can pay or how any refunds may be issued on those platforms, as such all games purchases via those platforms are subject to their terms and conditions, so please review those platform’s terms of service for additional information.

YOU ACKNOWLEDGE AND AGREE THAT ALL SALES ARE FINAL : YOU ACKNOWLEDGE THAT GOODMOOD PBC IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON WHATSOEVER, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, REGARDLESS OF THE REASON FOR CLOSURE, INCLUDING VOLUNTARY OR INVOLUNTARY CLOSURES, OR WHETHER YOU MADE A PAYMENT THROUGH GOODMOOD4U.COM OR ANY ANOTHER PLATFORM, SUCH AS GOOGLE, APPLE, FACEBOOK, OR ANY OTHER SITES OR PLATFORMS WHERE GOODMOOD PBC OFFERS ITS SERVICES.

ANY AND ALL PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE ANY OF THE VIRTUAL ITEMS ARE “NON-REFUNDABLE” TO THE FULLEST EXTENT OF THE LAW.

If you purchase third party currency or choose to make a payment for our Services through a third party (like Google, Facebook, or Apple), you are agreeing to the third party’s payment terms, and GoodMood PBC is not a party to the transaction, nor is GoodMood PBC responsible for any issues pertaining to the transaction(s).

Additional Payment Terms: You agree to pay for any and all fees, including applicable taxes incurred by you or anyone using your Account with or without your permission. GoodMood PBC may, in its sole discretion, revise the pricing for the goods/services it licenses to you through the Service at any time and without prior notice.

Subscriptions are also subject to additional terms, which can be found at Subscription Conditions.

 

9. THIRD PARTY ADVERTISING

From time to time, Our Service and Our games may feature advertisements from Us and/or other companies.  Our Privacy Policy explains what information We share with advertisers.

From time to time, We provide links in Our games and/or on the Service to other companies’ websites or to companies who invite you to participate in a promotional offer. Any and all charges or obligations you assume when dealing with those other companies are solely your responsibility.

GoodMood PBC makes no representations or promises about any content, goods or services those other companies provide, even if linked to or from Our Service and/or games. Also, even if We allow a link to be included in Our games or Service does not mean We endorse that linked site. Therefore, you agree that We are not liable for any claim relating to any content, goods and/or services provided by any third parties.

Please also note that the linked sites are not under GoodMood PBC’s control, and those linked sites may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you via cookies. When you use those other companies’ sites and/or services, those other companies may (or may not) ask you for permission to access your information and/or content. We are not responsible for any of those other companies’ content, business practices or privacy policies, and/or for how they collect, use or share the information they get from you.

 

10. COPYRIGHT NOTICES/COMPLAINTS

We respect the intellectual property rights of third parties and ask that you do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local laws that may apply. We reserve the right to terminate any player's access to the Service if We determine, in our sole discretion, that the player is a repeat infringer. We do not have an obligation to notify a player before We terminate their access.

 

11. FEEDBACK AND UNSOLICITED IDEAS

From time to time, We may request your feedback on certain features through a promotion and/or our customer feedback programs. Any feedback you provide at Our request is subject to the rules of the specific promotion and/or program.

GoodMood PBC appreciates your enthusiasm and the time and energy you spend playing our games, and in suggesting improvements and changes to our games. GoodMood PBC’s company policy, however, does not allow us to accept and/or consider any unsolicited ideas, suggestions, proposals, comments and/or materials. The purpose of this clause is to avoid potential misunderstandings when GoodMood PBC’s products, services or features might appear to be similar or identical to ideas submitted to Us.

If, despite knowing our policy, you still choose to submit your ideas to GoodMood PBC, then regardless of what your letter says, the following terms shall apply to your Submissions. You agree that:
 

  • I. GoodMood PBC will consider the Submissions to be non-confidential and non-proprietary;
  • II. GoodMood PBC shall have no obligations concerning the Submissions, including but not limited to, no obligation to return any materials or acknowledge receipt of any Submissions; and
  • III. GoodMood PBC may use, redistribute, or disclose the Submissions for any purpose and in any way, without any compensation to you or any third party.


While we cannot accept unsolicited ideas, GoodMood PBC is always pleased to receive feedback regarding its existing features. Please only provide specific feedback on existing features, and do not include ideas that our policy will not permit us to accept and/or consider. You can post these discussions in our Forums too.

 

12. WARRANTY; SERVICES AVAILABLE ON AN “AS IS” BASIS; DISCLAIMERS

WARRANTY; DISCLAIMER ; SERVICES AVAILABLE ON AN “AS IS” BASIS

GoodMood PBC does not make any promises and/or guarantees that the Service will be uninterrupted or error-free.

USE OF THE SERVICE IS AT YOUR SOLE RISK, AND IT IS PROVIDED ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOODMOOD PBC MAKES NO WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. GOODMOOD HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THOSE OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER - THE GOODMOOD PBC SITE DOES NOT PROVIDE MEDICAL ADVICE AND/OR TREATMENT

As GoodMood PBC’s apps may guide you into deep relaxation with audio-video programs.
Please don’t listen to this program while driving or performing any other activity that requires your unlimited attention.

GoodMood PBC’s apps are not a substitute for seeking a doctor or for any other medical aids.

All of the contents on the GoodMood PBC site, such as images, texts, videos, graphics, all forms of communications, tasks, challenges, and any other information obtained from GoodMood PBC’s advertisers, licensors, and any and all other materials found in the GoodMood PBC site (collectively , the “Content”) are FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. The Content is not a substitute for professional medical advice, diagnosis, and/or treatment. You must always seek the advice of your doctor or other qualified health provider for any and all medical and health related issues, and any questions you may have regarding a medical and/or other health condition. Never ignore professional medical advice or delay seeking it because of something you have read and/or saw on the GoodMood PBC site.

If you believe you may have any kind of medical emergency, call your doctor or dial 911 immediately. Notwithstanding anything contained herein to the contrary, GoodMood PBC does not recommend or endorse any specific products, tests, procedures, physicians, opinions, and/or any other information that may be provided and/or mentioned on the GoodMood PBC site or any other site which is linked hereto. Reliance on any information and/or anything related, which is provided by GoodMood PBC, GoodMood PBC employees, others appearing on the GoodMood PBC site (e.g. links) at the invitation of GoodMood PBC, or any other third-party visitors to the GoodMood PBC site is solely at your own risk. The GoodMood PBC S\site may contain health and/or other medically related Contents that are sexually explicit. As such, if you find these sexually explicit materials offensive, do not use the GoodMood PBC site.

Furthermore, some of the Content found on GoodMood PBC’s site at intended to guide you into deep relaxation, via audio-video programs. Whenever, watching and/or otherwise participating in the GoodMood PBC audio-video relaxation programs make sure NOT to listen to this program while driving or performing any other activity that requires your undivided attention. Furthermore, this program is not intended as a substitute for seeking medical advice, a doctor, or for any other medical aid, nor is it intended as a cure for any ailments. The GoodMood PBC apps are just additional tools to help create positive images and associations that have the main purpose of entertaining the users and potentially enhancing their positive emotions. The GoodMood PBC apps cannot and should not be used to replace any psychological assistance, psychotherapeutic or psychiatric treatment or medication. In order to solve any potential psychological problem you may have, you will need the professional help of a psychologist, psychotherapist or psychiatrist. If you have any experience and/or history of serious psychological problems, mental disorders, and/or any mental dysfunction, then you should use GoodMood PBC apps only with the permission of a doctor or other health professional and/or experts. The GoodMood PBC apps are intended to provide solely entertainment functions, and they are not intended to solve any psychological problems. You hereby acknowledge and agree that you take full personal responsibility for the results and side effects of resulting from your use of the GoodMood PBC apps and the tasks and exercises, which he chose.  Finally, whenever possible, before using any of the GoodMood PBC apps, you should get permission from your doctor.

In some states and/or countries these disclaimers may not apply, if so, then they do not apply to you. If your state and/or country require a certain period during which a warranty applies, then it shall be either the shorter of 30 days from your first use of the Service or the shortest period allowed by law.

 

13. PRIVACY

GoodMood PBC's Privacy Policy tells you how We collect and use information about you and your computer or mobile device, and how you can use the Services to share such information with others. You understand that through your use of Our Services you acknowledge the collection, use and sharing of this information as described in GoodMood PBC’s Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using Our Services immediately.

We encourage you to read the GoodMood PBC Privacy Policy carefully and use it to make informed decisions about your personal information.

 

14. LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE THAT GOODMOOD PBC IS NOT LIABLE:

(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR

(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS SOLELY AND ENTIRELY WITH YOU, AS DOES THE RISK OF INJURY FROM USING THE SERVICE AND/OR SUCH EXTERNAL SITES.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, BUT NOT LIMITED TO, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF GOODMOOD PBC SHALL BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID GOODMOOD PBC WITHIN ONE HUNDRED AND EIGHTY DAYS (180) DAYS PRIOR TO THE DATE ON WHICH YOU FIRST NOTIFY GOODMOOD PBC AND ASSERT ANY SUCH CLAIM.

IN CASE YOU HAVE NOT PAID GOODMOOD PBC ANY AMOUNT OF MONIES WITHIN THE AFOREMENTIONED ONE HUNDRED AND EIGHTY DAYS (180) DAY PERIOD, THEN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GOODMOOD PBC IS TO STOP USING THE SERVICE AND CANCEL YOUR ACCOUNT.

Certain states and/or countries do not allow the exclusion of certain warranties and/or the limitations/exclusions of liability, such as those described above. In such circumstances, these limitations/exclusions may not apply to you, if you reside in one of those states and/or countries.

 

15. INDEMNITY

If you use or misuse the Service, or if you violate these Terms or any other applicable rules and/or laws, including but not limited to the Community Guidelines or Feature Guidelines, and that results in any loss or damage or in any claim or liability against GoodMood PBC, you hereby acknowledge and agree to indemnify, defend and hold harmless GoodMood PBC for that loss, damage, claim or liability, including but not limited to reimbursing GoodMood PBC for attorney’s fees and/or expenses. If GoodMood PBC desires, in its sole discretion, they are allowed to take exclusive charge of the defense of any such case for which you are required to indemnify hereunder, at your expense. You also agree to cooperate to the extent necessary in GoodMood PBC’s defense of those cases. GoodMood PBC will use reasonable efforts to notify you, regarding any claim for which you must indemnify GoodMood PBC. This indemnification obligation shall continue to apply even if you stop using the Services or your account is deleted, for any reason whatsoever.

 

16. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

IMPORTANT NOTICE: ANY AND ALL DISPUTES RELATING TO THESE TERMS OF USE OR RELATING TO GOODMOOD PBC’s SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION, AND ON AN INDIVIDUAL BASIS ONLY, AND PURSUANT TO THE TERMS AND CONDITIONS NOTED IN THIS SECTION 16.

If you are having a problem with the Service, many issues can be resolved on one of our forums. You may find resolution by clicking on the “Support” link on that game’s page or on our website. Before bringing a formal legal case, first contact our Customer Support team at https://goodmood4u.com support. Most disputes can be resolved that way.

Dispute Resolution - Agreement to Arbitrate

Any and all disputes related to the Service and/or these Terms of Service, including but not limited to the Privacy Policy, Feature Guidelines, and which could not be settled through Customer Service, will be settled via final and binding arbitration. This agreement to arbitrate shall survive the termination of these Terms of Service and/or the Service itself, for any reason whatsoever.

An arbitration proceeding is held before a neutral arbitrator, so you and GoodMood PBC are giving up our rights to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court. They are less formal than lawsuits in courts, and provide limited opportunity to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any of us does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

Notwithstanding anything contained herein to the contrary, if we have a dispute about whether this agreement to arbitrate is enforceable and/or applies to our dispute, we hereby agree that the arbitrator will decide that too.

Furthermore, if you and/or GoodMood PBC brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other one can ask the court to force us to go to arbitration to resolve the claim (e.g., compel arbitration). In addition, You and/or GoodMood PBC may also request a court to halt a court proceeding while an arbitration proceeding is ongoing.

The Arbitration Process

The American Arbitration Association (AAA) will administer the arbitration between you and GoodMood PBC, and the AAA’s then-current rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes) will be used for such arbitration. If these Terms of Service conflicts with the than AAA’s rules and procedures, then these Terms of Service shall govern and will be utilized during the arbitration. You can view the AAA’s rules and procedures, via their website at www.adr.org, or you can call them at 1-800-778-7879.

You can start an arbitration proceeding, by using the applicable forms found on the AAA’s website (www.adr.org), or by calling them at 1-800-778-7879.

No Class Actions

Notwithstanding anything contained herein to the contrary, we all agree that we can only bring a claim against each other on an individual basis.

That means:

  • Neither you nor GoodMood PBC can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
  • The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
  • The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other GoodMood PBC players, and cannot be used to decide other disputes with other players.


Changes to Section 16 on Agreement to Arbitrate and Class Action Waiver

We will give you at least 60-days’ prior notice by email or through the Service, if We change Section 16 on our Agreement to Arbitrate and/or our Class Action Waiver terms.

 

17. APPLICABLE LAW

The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether Section 16 (Agreement to Arbitrate and Class Action Waiver) can be enforced and how it should be interpreted.

Apart from that, if you are United States resident, these Terms and our relationship will be governed by Delaware law, except for its conflicts of laws principles.  

 

18. SEVERABILITY

If any part of these Terms, Feature Guidelines, Community Guidelines or the Privacy Policy is found to be not enforceable, the rest of these Terms, Feature Guidelines, Community Guidelines and the Privacy Policy shall still apply and any unenforceable term will be substituted with terms that closely reflect our original intent.

 

19. ASSIGNMENT

We may assign our rights, or Our obligations, under these Terms of Service, Feature Guidelines, Community Guidelines, or our Privacy Policy to any person or entity at any time with or without your consent and/or without providing you with notice. You may not give your rights or your obligations under these Terms of Service, Feature Guidelines, Community Guidelines, or our Privacy Policy without first obtaining GoodMood PBC’s prior written consent, and any attempt to do so without our consent is shall be void ab initio.

 

20. ENTIRE AGREEMENT

These Terms of Service, and any other policies or rules We reference in these Terms of Service, make up the entire agreement between you and Us relating to the subject matter of these Terms of Service, and supersede all prior understandings of the parties relating to the subject matter of these Terms of Service, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us.

 

21. LANGUAGE OF THE TERMS

If We provide a translated version of these Terms of Service, Feature Guidelines, the Community Guidelines, the GoodMood PBC Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies and utilized in all matters pertaining hereto, including but not limited to litigation, arbitration, etc...

 

22. NO WAIVER

If at any time We do not enforce a provision of these Terms of Service, Feature Guidelines, the Community Guidelines, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms of Service, Feature Guidelines, the Community Guidelines, or our Privacy Policy that does not mean it is waived for all time in the future. Any and all waivers must be in writing and signed by both you and Us to be legally binding.

 

23. NOTICES

You agree that We may notify you by posting something on www.goodmood4u.com, or in the GoodMood PBC game(s) you play, and sending you an e-mail or using other ways of communicating with you based on the contact information you provide to Us.

If you have to give Us notice of something according to the Terms of Service, Feature Guidelines, Community Guidelines, or our Privacy Policy, the notice must be in writing and addressed to GoodMood PBC Inc., Attn: LEGAL DEPARTMENT, 3511 Silverside Road, Suite 105, Wilmington, Delaware 19810, USA unless we have provided a more specific method way of notifying us.

Any attempted notice that does not follow these rules has no legal effect.

 

24. EQUITABLE REMEDIES

You agree that given the unique and irreplaceable nature of the rights granted and obligations made under these Terms of Service and the Community Guidelines, if you breach these Terms of Service, Feature Guidelines, Community Guidelines and/or our Privacy Policy, or intend to breach these Terms of Service, Feature Guidelines, Community Guidelines or Privacy Policy, money damages alone will not be enough to repair the harm to GoodMood PBC. Therefore, you agree that GoodMood PBC may seek injunctive or other equitable relief, if you breach or intend to breach these Terms of Service, Feature Guidelines, Community Guidelines or our Privacy Policy and GoodMood PBC does not have to post any bond or surety or submit proof of damages in order to obtain said injunctive or other equitable relief.

You hereby agree to limit your claims to claims for money damages, as limited by Section 14 (Limitations; Waivers of Liability).  Furthermore, you agree not to seek injunctive or equitable relief or otherwise seek to stop Us from operating any aspect of the Service or any GoodMood PBC Game.

 

25. FORCE MAJEURE

We are not liable for any interruptions, changes, damages and/or any kind of problems caused by any act, thing or person not within our control, including but not limited to interruptions, changes or problems caused by natural disasters, hackers, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, power failures, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.