Terms and Conditions

Peanut Butter and Jelly Games Inc. provides this web site and related services subject to the following terms and conditions. USE OF THIS SITE AND / OR SERVICES IMPLIES AN AGREEMENT TO ABIDE BY AND BE BOUND BY THESE TERMS. Therefore, please read the following information carefully.
  1. Definitions:
    1. "Site" : This website and all alias names to it (including www.DollarCandy.com and www.PeanutButterandJellyGames.com).
    2. "Service": The site and all its related services (including all games).
    3. "PBJ Games": Peanut Butter and Jelly Games Inc. (the parent company and owner of this site), as well as any parent/child companies and DBA names.
    4. "Player" (as well as "customer"," user" and "you"): Any person accessing the service.
    5. "Terms and Conditions" (as well as "agreement" and "contract"): This document and all other obligations and rules detailed in writing on the site.
    6. "Business day": Monday-Friday from 9am - 5pm EST/EDT, (not including U.S. holidays).
    7. "Affiliate": Person(s) or company(ies) registered to refer new players to the site.
    8. "Affiliate Website": Web site (or group of web sites) that an affiliate uses to refer players to the site.
    9. "Personal information: Information about the player that reveals who they are or where they are, such as real name, phone number, address, social security/EIN information.
    10. "Financial information": Information related to player’s financial transactions on the site such as credit card number and related information, Pay Pal account information, bank account information, etc.
    11. "Spam": Unsolicited commercial solicitations sent via email, text or other medium.
    12. "Management fee" (as well as "tournament hosting fee"): A fee charged by PBJ Games for running that game.
  2. Binding:

    By using any part of the Service (including viewing the site or creating an account), Player agrees to be bound by (and abide by) all Terms and Conditions. Player also represents and warrants that they have the right, capacity and authority to enter into this agreement and abide by it. Player further agrees to indemnify and hold PBJ Games harmless for any liability, claims and damages (including attorneys’ fees) arising out of or related to their violation of the Terms and Conditions.

  3. Term:
    The initial term of this agreement shall be a period of one (1) year from the Effective Date. Thereafter, the agreement shall automatically renew for subsequent one (1) year terms. At any time, either party may terminate this agreement, with or without cause, upon thirty (30) days prior written notice. PBJ Games reserves the right to immediately terminate any Player who commits fraud, slander, a denial-of-service attack, or commits any other action which it deems inappropriate. Neither party has made any commitments regarding the duration or renewal of this agreement beyond those stated herein.
  4. Eligibility:
    1. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Player must be a natural person of at least 18 years of age. All players aged 18 and over who do not violate other sections of this contract, may use the service to play the free/practice games. Player may not use the service to play games for money, if they are a resident of one of the following U.S. states (or while located in any of these state, or while using financial accounts registered to locations in such states): Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maine, Maryland, North Dakota, Tennessee, Vermont, Puerto Rico, Colorado, Minnesota, Indiana, Montana, South Carolina. (Please note that this list of states is subject to change, as state law changes).
      1. Player agrees that if they access the service in violation of eligibility (in PBJ Games's sole determination), all their funds (including winnings) will be forfeited to PBJ Games, and any funds withdrawn may be recouped by PBJ Games, along with interest and penalties. Additionally, Player agrees to have the incident reported to their state regulatory and law enforcements agencies.
      2. Player is responsible for knowing and obeying the laws in their own jurisdiction (country, state, regional, etc). PBJ Games makes no representations or warranties, express or implied, as to the lawfulness of Player’s use of the Service. No person affiliated with the Service (or claiming affiliation) has the authority to make such representations or warranties. Player further agrees that PBJ Games is not liable (in any way) for their actions if they violate laws restricting or prohibiting their participation.
    2. Player agrees that PBJ Games has the right to use any and all means possible to determine if Player is accessing the service in violation of eligibility. This includes passive verification methods (such as using technologies to determine the location of the Player, querying financial institutions for the information about the Player, verifying information provided by Player against government issued ID) and active methods (such as requiring Player to provide proof of location such as a driver's license, documents to prove age, etc). Players who fail verification are subject to banning, forfeiture of all funds and additional penalties as described in that section of the Contract. Player agrees that if they do not fully cooperate and/or complete any verification, then their account should be treated as if it has failed the verification.
  5. Games:
    1. Cash prizes
      Some PBJ Games games pay out cash prizes in exchange for an entry fee.
      1. Before starting a game, the player will see a full list of potential prize payouts for achieving different rankings. If the Player's game score achieves one of those rankings, then their account will be credited with the prize. (If two or more Players have the same game score, then the tie will be broken by a measure of skill as defined elsewhere in the specific game rules.) A winning Player may keep the prize in their account, or withdraw it. (See the "withdrawal" section of the contract for more details on that process).
      2. The Player's odds of winning are based on their own skill relative to the skill of the other players. Since PBJ Games doesn’t know this information, it cannot produce the exact odds of any particular Player winning any particular prize.
      3. PBJ Games retains a portion of the entry fees as a management / tournament hosting fee. The exact amount can be determined by the Player by looking at the cash prize payouts and calculating the amount retained.
        1. If at some point, PBJ Games does not wish to wait longer for additional players to fill all a game’s player slots, it may (at its sole discretion) cancel the game and credit back the entry fee to the Player’s account. In such cases, PBJ Games will not charge a management fee.
        2. PBJ Games has the right to change game entry fees, prize payouts and management / tournament hosting fees at any time.
      4. Entry fee:
        • Player agrees to pay the entry fee when they start the game. Starting the game occurs when the Player confirms a screen that looks like (or essentially like) this:


           
        • Once the player starts the game, a contest slot is reserved for them, and other players are blocked from using it. On a few games, play begins immediately. On others there is an instruction screen that appears and must be confirmed to begin play. If an instruction screen appears, the player has 10 minutes to confirm it and begin play. If they do not, their contest slot will be forfeited and their entry fee refunded to their account.
        • If a Player performs badly in the game, they might be tempted to cheat by abandoning their game before play is completely finished (and getting a refund of the fees). If PBJ Games allowed such behavior, it would allow such cheating players to play multiple times to maximize their score, and unfairly beat players who play by the rules and didn't cheat. To prevent cheating, Player agrees that they will not be refunded their entry fee once play starts…even if they do not fully complete the game.
      5. Winners list:
        A preliminary list of winners will be posted on the Service immediately following the conclusion (i.e. when all players fully complete the game). However, all results are subject to change as the result of PBJ Games fraud investigations.
      6. Specific game rules:
        Each game has specific rules which are detailed under "Specific game rules" in this contract.
  6. Withdrawal:
    1. Player will indicate when they want to withdraw funds by initiating the withdrawal process on the service. To comply with legal requirements, this process may involve age, address, geolocation and/or other forms of verification. Player agrees to have the accuracy of all information they submit to the service to be verified against government issued identification, and/or any other means that PBJ Games determines necessary.
    2. PBJ Games will deduct from the amount withdrawn all third party payment processor fees for sending funds. Then it will send the remainder to the 3rd party payment processor account selected by the player.
      PayPal:
      • U.S.: 2% of the amount received by Player, up to a maximum of $1.
      • Non-U.S.: 2% of the amount received by Player, up to a maximum of $20.
      The above amounts are listed purely for the Player's convenience. While accurate to the best of PBJ Games's knowledge at the time this was posted, they are subject to change at any time by the third party processing service. As such, Player understands and agrees that these amounts are subject to change without advance notice.
    3. Processing:
      1. PBJ Games will send the funds to the third-party payment processor chosen by the Player within 15 business days. (If 3rd party payment processor is not available, then Player's withdrawal will be canceled and funds returned to the Player's account). PBJ Games has no control over what happens after sending funds, and Player assumes full responsibility for choosing their payment method carefully. Once PBJ Games has sent funds to the third party payment processor, PBJ Games is deemed as having fully fulfilled its payment obligations and has no further responsibility for the funds.
      2. Payments via refund: PBJ Games, at its sole discretion, may optionally send some or all of the funds to the Player by refunding payments that the player made to their account (i.e. PayPal/credit card refund), instead of via the payment method chosen. This is sometimes a requirement by the third-party processor, or may be required for other reasons.
    4. Player must claim payments sent to them within 30 days. If they do not, then the payment may be voided and the funds re-deposited into Player’s account. Should this occur, PBJ Games is not obligated to refund processing fees.
    5. PBJ Games has the right to freeze Player’s withdrawal and their account if PBJ Games (in its sole determination) needs time to investigate possible Player fraud and / or other violation of this contract.
    6. Withdrawal involves 3rd party companies beyond PBJ Games control. PBJ Games is only responsible for initiating transfer of funds to such companies and Player assumes full responsibility for the funds after that has occurred.
    7. Player is solely responsible for the accuracy of financial information provided to PBJ Games. PBJ Games is not responsible if funds go to another party because of inaccurate information. Additionally, PBJ Games has no obligation to refund processing fees if information provided is incorrect. Any additional fees charged to PBJ Games by 3rd parties while processing or resending a payment that initially had inaccurate information (cancellation fees, resend fees, etc.) will be paid by the Player.
  7. Specific game rules:
    1. Match 'Em:
      • Touch / click pairs of tiles that are the most similar. For example, these tiles are both zebras:
      • When you select a pair, they will flash for 2 seconds. During that time you can change your mind and unselect the pair (without penalty) by re-touching / clicking either item in the pair. Once the flashing stops, your pair is scored.
      • Levels: Lower levels cater to less experienced players and pull tiles from more categories, which is easier. Higher levels cater to more experienced players, and pull from less categories, which is harder.
        • Casual: 3 categories. Example: tiles are in the categories of animals, sports and architecture.
        • Medium: 2 categories. Example: tiles are in the categories of animals and sports.
        • Intense: 1 category. Example: tiles are in the category of animals.
      • Points:
        • Matching:
          1,000 points for each correct match. -1,000 point penalty for each incorrect match.
        • Streak bonus:
          Match multiple pairs of tiles correctly in a row and your score for the match is multiplied by the length of your streak to that point. So:

          Length of streak Points
          2 x 2 = 2,000
          3 x 3 = 3,000
          4 x 4 = 4,000
          Etc.…

           
        • Clear the board:
          Clear the entire board before time runs out and get a bonus! The faster you do it the higher your bonus. Score 1,000 x (60 - seconds between 1st click/touch and clearing board). Note: at the end of the game, you will see an initial guess of your bonus. However your device can't calculate this exactly (due to varying speeds of devices and internet connections). So a second and definitive scoring will be done by our servers, and the final result shown to you in "my history".
        • Excessive mind changes:
          To prevent automated bots from cheating (by quickly clicking on every tile combination and using the "change your mind" feature to avoid being penalized for wrong guesses), there is penalty for excessive mind changes. Players who change their mind more than 10 times in a game receive a -55,000 point penalty for each mind change. Additionally, they are also reviewed for fraud. Fraudulent players forfeit their account, have all funds confiscated and are expelled from the site.
        • Ties:
          If two or more players have the same score, ties go to whomever had the shortest elapsed time between their 1st selection and their last. In the unlikely event that any players still remain tied, PBJ Games (at its sole discretion) will determine an alternate measure of skill to break the tie. This may include a new and separate contest between the tied players.
  8. Conduct:
    1. While using this site, Player agrees not to:
      1. Provide false, inaccurate or incomplete information about themselves (including their personal, location and financial information).
      2. Impersonate another person.
      3. Disrupt any of the operations of the service (including inhibiting or disrupting other players from using the site).
      4. Post any unlawful, fraudulent, threatening, abusive, defamatory, obscene or otherwise objectionable content. This includes the use of profanity, as well as the use of asterisks to mask or disguise it.
      5. Post or transmit any information or software that contains a virus or other harmful/disruptive component.
      6. Post or transmit materials in violation of another party's copyright or intellectual property rights.
      7. Post or transmit Spam.
      8. Create more than one account per natural person. Player also agrees not to use family members and acquaintances as "shills" to bypass this restriction.
      9. Share a computer or physical IP address with more than one other player (unless given written permission by PBJ Games for an exception).
      10. Post or transmit information in violation of site rules and/or legal agreements.
      Any Players violating these rules (in PBJ Games sole determination) will forfeit their account and funds (and suffer the additional penalties detailed in that section). PBJ Games reserves the right to change or delete user content and communication (both private and public) sent through its systems.
    2. Cheating:
      No Player may cheat on any services. Cheating includes (but is not limited to)
      1. Using an automated bot or other software or hardware to enhance performance or change the outcome of a game.
      2. Collusion with other players.
      3. Attempting to hack, tamper with or gain unauthorized access to the Service. This includes bypassing or deactivating any Service security feature or surveillance method.
      PBJ Games monitors all Player activity for cheating and if it (in its sole determination) determines that a Player has cheated, the Player will be banned, forfeit all funds and suffer all the additional penalties described in that section of the Contract.
    3. Tampering, Hacking and unauthorized access
      PBJ Games is not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized use of the Site by you or other Players. All such activity is subject to immediate and vigorous prosecution by PBJ Games.
  9. Deposits:
    1. Player confirms they are fully authorized to use of all methods of deposit they use on their account and that they will make good on all deposits. Players that do not make good on all deposits and cause PBJ Games to be assessed a penalty fee will owe PBJ Games the amount of all penalty fees plus a penalty of 15% for each month it is not paid. Additionally, they will forfeit their account and all funds and suffer all the penalties described in that section.
    2. Third party payment processors charge a small fee to send money. So PBJ Games will deduct this fee from your deposits and then credit the remainder to your account.
      PayPal:
      • U.S.: 2.90% + $.30 USD
      • Non-U.S.: 3.90% + $.30 USD
      The above amounts are listed purely for the Player's convenience. While accurate to the best of PBJ Games's knowledge at the time this was posted, they are subject to change at any time by the third party processing service. As such, Player understands and agrees that these amounts are subject to change without advance notice.
    3. Player agrees that PBJ Games is not liable for any unauthorized use of their credit cards or other payment methods by a third party in connection with the Site.
  10. Refund policy:
    1. Player can request a refund of any unused credits at any time, exclusively through the site withdrawal process (which is described elsewhere in this document). PBJ GAMES WILL NOT HONOR ANY REFUND REQUESTS OR CANCELLATIONS MADE THROUGH A CHARGBACK ISSUED VIA THE PLAYER'S CREDIT CARD, PAYPAL ACCOUNT, OR OTHER FINANCIAL INSTITUTION.
  11. Account access:
    PBJ Games strongly urges the Player to follow standard security measures to protect access to their account, which includes but is not limited to:
    1. Protecting their password pair (email address and password) by keeping it completely private and confidential (so that a person doesn't discover the information and compromise their account).
    2. Selecting their password such that:
      1. It is a mix of both numbers and letters, and least 8 characters or more long (to prevent a person from easily guessing their password).
      2. Choosing a password that is unique and different than passwords used for other sites and services (so that a compromise at another site will not compromise their account).
    3. Keeping their email address current with the service and safeguarding access to their email account (so a person who compromises their email account cannot compromise their site account via the "forgot password" function of the site).
    4. Closing their account on the service should their email address fall out of their possession (so the person who next assumes the address will not be able to compromise their account).

    Player authorizes PBJ Games to treat themselves or any party who provides the password pair as the Player themselves, and agrees to assume sole responsibility for all transactions, obligations, liabilities and/or actions undertaken by any such party. Player further understands and agrees that for their protection, PBJ Games personnel may not provide certain types of customer service requests for them, until they authenticate their identity by providing their password pair and/or other identifying information (as required by PBJ Games).

    In the event of dispute of ownership of an account between the Player and a 3rd party, Player authorizes PBJ Games to use methods other than the password pair to determine the ownership of the account. Such methods may include (but are not required to include, or be limited to) verification of which party actually paid for deposits, and/or require the production of official country issued photo identification cards to verify identity. Player agrees that in the case of such a dispute, PBJ Games’ decision is final and binding.

    Player agrees that their account is for their individual use only and non-transferable to another person (including funds). Player agrees to indemnify, defend, and hold PBJ Games harmless from any claims, liability, damages, and/or costs (including attorneys' fees) arising from any use of Player’s account by any person.

  12. Taxes:
    You are responsible for all city, state, country and/or other taxes for the place in which you reside and from which you access the site, and are solely responsible for abiding by all applicable laws.
    1. If a U.S. player wins over $600, PBJ Games is currently required to notify the Internal Revenue Service and will send the player and IRS appropriate forms (Form 1099-MISC). Certain jurisdictions may require a w-9 or additional tax forms. Player agrees to provide their Social Security number to PBJ Games as well as any other information required by PBJ Games to fufil its requirements under the law. PBJ Games may withhold (from either current balance or future winnings) any amount that the law requires to be withheld.
  13. Enforcement:
    1. If Player breaches or attempts to breach any of the terms of this Contract or fails to make any payments when due under this Contract, Player shall owe to PBJ Games all costs and expenses in collecting funds owed, pursuing them, and/or prosecuting them (including reasonable attorneys’ fees).
    2. PBJ Games reserves the right to refuse access to any part of its service to any Player it deems appropriate, at any time. This includes (but is not limited to) imposing dollar amount limitations on certain players for funding or "amount lost".
    3. Forfeiting funds
      A Player can forfeit funds for several reasons outlined in this Contract such as playing in a prohibited location or cheating. When a Player forfeits their funds, they immediately lose all funds in their account and all further access to it (their account is closed). Further, any prizes previously paid out must be paid back from Player to PBJ Games, plus 15% interest per month (from the time the funds were paid out to them, until the time they are repaid to PBJ Games). Player also agrees to also pay for all reasonable PBJ Games’ costs incurred while enforcing these terms, including collection agency fees and attorneys’ fees. Player agrees that PBJ Games can report them (and all related information about them and their activities…regardless of previous restrictions regarding privacy) to reporting services (such as the Better Business Bureau), collection agencies, law enforcement agencies, and government agencies. Additionally, PBJ Games reserves the right to seek injunctive relief and actively prosecute the Player by filing civil and criminal proceedings.
    4. Banning
      A banned Player may not use the service ever again. If they attempt to, all funds will immediately be forfeited (and suffer all the additional penalties detailed in that section of the contract).
  14. Copyright / Trademarks:
    1. All content on this site (including graphics) are the copyrighted property of PBJ Games (or the poster's). This content may not be reproduced in any way, shape, or form without the written permission of the copyright holder.

      However, you may link to any of the pages in the site. Pages in the site may not be encased in a frame from the referring site, without express written permission of PBJ Games.

    2. PBJ Games is a trademark and may not be used without written permission of PBJ Games.
  15. Privacy:
    1. For those who use the Service
      Our reputation and integrity are directly related to how we serve our customers and protect their privacy and confidentiality. So PBJ Games openly volunteers its practices of collecting information, targeting capabilities and use of cookies. If you have any additional questions, please don't hesitate to contact us.
    2. Personal and financial information
      The service gathers personal and financial information to facilitate its primary purpose. All of this information will not be sold to a 3rd party company without the Player’s permission.
      1. Facebook/Twitter (and all 3rd party sign-in providers)
        Player may sign into the service using a third-party sign-in service (such as Facebook or Twitter). If player does, we will not post to their Facebook or twitter page/account, without their permission.
      2. If Player signs up for an opt-in email or notification, they will also have the ability to later change their mind and opt-out.
      3. City, state and country information are posted publicly on the service to allow players to have a better feel for whom they are playing with. If you feel uncomfortable having your name associated with a city, state and country, we recommend that you make use of the anonymous 'Screen Name' feature to protect your identity.
      4. Information from 3rd parties: Third-parties (such as sign-in providers and financial institutions) may provide additional personal or financial information about Player. We will treat that information with the same care and protection (and under the same terms and conditions) as personal information that Player provides us directly.
      5. Social Security/EIN information is required to comply with IRS filing requirements. If PBJ Games asks player for this information and they do not provide it, player will be banned, forfeit all funds and suffer the additional penalties detailed in the section on forfeiture. Additionally, they may have their wage garnished, and other penalties, as dictated by the IRS.
      6. Player must be at least 18 years of age to use this service. Minors (including those under the age of 13 and covered by COPPA) are not allowed to use the service.
      7. If PBJ Games sells itself to another company, the new company must agree to assume the above responsibilities before it is granted full access to this informationn.
    3. Affiliate Referral Information If you were referred to the site by an affiliate, we track that information on your account (so that the affiliate can be paid the proper credit for that referral). To prove to the affiliate that we are being honest and to be as transparent and straightforward as possible, we may display information about the referral to them and on your profile.
    4. Fraud Exception to Privacy
      All privacy information policies in this privacy statement are overridden if a player commits (or attempts to commit) fraud which affects them, PBJ Games or any other players. If Player (in PBJ Games’s sole determination) does this, then they grant PBJ Games the right to provide all their information to 3rd parties (including but not limited to law enforcement, attorneys, bill collectors, etc.). Additionally, Player authorizes PBJ Games to publish such information to the general public.
    5. Compliance with United States laws
      Player understands and agrees that PBJ Games PBJ Games can release all information about them when required by law (for example: when it receives a subpoena).
    6. Cookies
      PBJ Games uses cookies to improve your Web browsing experience. When you first come to the service, it assigns a unique random number to your computer browser - commonly known as a "cookie." This cookie is used to maintain your personal settings (...so you only have to choose it once at the beginning of the site, and don't have to choose it over and over) and to guarantee security.
    7. Anti-fraud measures
      To protect ourselves and all site users against fraud, PBJ Games gathers information while you are using the site. This information may include (but is not limited to) information regarding your computer hardware and software (e.g. IP address, operating system, browser type, domain name, URL, access times, and referring web site addresses). Player gives PBJ Games full permission to gather this information and share it with 3rd party companies that perform anti-fraud related services.
    8. Closing accounts
      At the request of any Player, we will close out their account, and disable all future use of the account. However, we cannot delete information as we may be legally called upon by a 3rd party to report such information. Examples include (but are not limited to) an FBI investigation, an IRS audit of a user, or a credit card fraud investigation. PBJ Games fully cooperates and complies with all government and private regulatory agencies as required by law, so if you have an issue with such use of your information, then you should not become a member of this site. Please do not ask us to delete such information.
    9. Additional California Online Privacy Protection Act (COPPA) information
      • The effective date of this policy is June 3rd, 2013.
      • You can update your personal information at any time by updating your profile via the website.
      • Categories of personal information include financial/billing, contact information and miscellaneous information.
      • The category of all third party advertising providers fall under the category of advertisers.
      • This policy is subject to update and change without notification.
  16. Other:
    1. Issue with Player's account:
      If PBJ Games discovers an issue with the Player's account, it has Player's permission to contact them via any of the means of contact PBJ Games has for the Player. This includes information provided by Player to the service (email, phone, etc.), by Player's financial institution, by government regulatory agencies and/or law enforcement agencies.
    2. Monitoring / security:
      Any and all postings and/or transmissions done on PBJ Games systems can and are routinely monitored by staff for legal and terms of service violations. PBJ Games uses the best of its ability, utilizing state of the art techniques to protect all privacy related data from external and unauthorized party access. However no security system is 100% full-proof, so should sensitive data be compromised, PBJ Games will alert the affected parties via email addresses as registered on the site. Due to the nature of security, Player agrees that PBJ Games will not be held liable for any such security compromise, or any resulting loss or action resulting from such a compromise.
  17. Warranties; Limitation of Liability; Indemnity:
    1. All services provided by PBJ Games are provided 'as is', without warranties as to performance, fitness, merchantability, and any other warranty (whether expressed or implied). There are no guarantees that the service will be available at any given time, and no guarantees that use of the service will not be subject to interruptions. All direct or indirect risk related to use of the site is borne entirely by the Player.
    2. PBJ Games attempts to protect all services from unauthorized access, but should such access occur, it is not liable in any way or kind for any repercussions of such incident.
    3. IN NO EVENT SHALL PBJ GAMES (OR ITS AFFILIATES) BE LIABLE TO PLAYER OR ANY OTHER PERSON FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THEIR USE OF PBJ GAMES PRODUCTS OR SERVICES, THEIR INABILITY TO USE SAID PRODUCST OR SERVICES, OR FROM THE USE OF OTHER PLAYERS OF SAID SERVICES AND PRODUCTS WHO VIOLATE THESE TERMS AND CONDITIONS. THIS LIMITATION OF LIABILITY INCLUDES (BUT IS NOT LIMITED TO) DAMAGE TO PERSONAL COMPUTER, CORRUPTION OF DATA, THE COST OF COVER, LOSS OF PROFIT, USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, AND APPLIES WHETHER OR NOT PBJ GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND ALSO APPLIES WHETHER OR NOT THE LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. YOU AGREE THAT IN NO EVENT SHALL PBJ GAMES LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE LESSER OF THE PBJ GAMES FEE ON THE TRANSACTION INVOLVED, OR $10,000. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FURTHER, YOU AGREE THAT PBJ GAMES HAS NO REPSONSIBLITY TO ENFORCE TERMS AND CONDITIONS FOR THE BENEFIT OF OTHER PLAYERS.
    4. Player shall indemnify, defend (with counsel approved in writing by PBJ Games) and hold PBJ Games, its officers, directors, shareholders, employees, insurers, attorneys, successors and assigns harmless against any and all claims for cost, damage, expense (including reasonable attorneys' fees) or liability arising out of or related to the acts or omissions of Player, its employees, representatives or agents.
    5. The possibility exists that the site and its contents may contain inaccuracies or errors. PBJ Games makes no guarantees regarding the accuracy of the site or its contents. If you discover that the site or its contents contains errors, please contact us so we know about them.
    6. The site contains links to other sites operated by third parties. PBJ Games does not endorse and is not affiliated with these linked sites, and is not responsible for any content that appears on these linked sites.
  18. Miscellaneous:
    1. Survival.
      The parties' obligations under sections pertaining to taxes, indemnification, governing law, attorneys' fees shall survive any termination and/or expiration of this agreement.
    2. Assignment.
      Player shall not assign or transfer this agreement without PBJ Games prior written consent. Any assignment without consent shall be null and void.
    3. Relationship of the Parties.
      This Agreement does not create a franchise, joint venture or partnership between the parties. Neither party hereunder is the agent, broker, partner, employee, or legal representative of the other for any purpose. For all purposes, the parties are independent contractors. Excused Performance. Neither party shall be liable for failure to perform its obligations under this Agreement for causes beyond its reasonable control.
    4. Governing Law; Attorneys' Fees.

      This Agreement shall be governed by and interpreted in accordance with the laws of the State of Wyoming, irrespective of any principles of conflicts of law.

      By using the service, player agrees that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. Player further agrees that any legal action arising from any dispute shall proceed only in the state or federal courts located in Cheyenne Wyoming, or as otherwise determined by PBJ Games, and hereby submits to personal jurisdiction and venue in such courts for the purposes of litigating any such action. Both parties agree that the prevailing party in any such dispute shall recover all of its costs, including reasonable attorney's fees.

    5. Time Limitations.
      No action, regardless of form, arising out of or related to this agreement may be brought by the Player more than one year after a cause of action has arisen.
    6. Notices.
      Notices shall be sufficient only if sent by certified mail or air express, return receipt requested, or personally delivered to a party. Notice by mail shall be deemed received on actual receipt. Notices should be sent to:
      Peanut Butter and Jelly Games Inc.
      Attn: Legal
      1603 Capitol Ave.
      Suite 310 A163
      Cheyenne, Wyoming 82001
    7. No Waiver.
      The failure of either party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party to thereafter enforce any such provision. Furthermore, any exception to or special treatment of any provision of this Agreement, whether it be a special, a general, or repeated exception or treatment, shall not operate as, or be construed to constitute, a modification of such provision.
    8. Unenforceable Provisions.
      If any term of this Agreement is found to be illegal or unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
    9. Modifications; Special Agreements; Entire Agreement.
      PBJ Games reserves the right to amend, modify or change this agreement at any time. Your continued use of the Service following such modifications signifies your acceptance of those modifications. You are responsible for monitoring the Terms and Conditions for changes. If you are interested in keeping abreast of the latest changes to this agreement, then bookmark this page and review it from time to time. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY PROVIDING NOTICE TO US. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE TO THE AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
    10. Should PBJ Games and player come to a special understanding not outlined in this agreement it will be laid out in writing and signed by both parties.

      This Agreement is the entire understanding between player and PBJ Games with respect to the subject matter of this Agreement, and supersedes all (i) proposals, oral or written, (ii) negotiations, conversations or discussions between the parties and (iii) industry custom or past course of dealing, relating to the subject matter.