Terms of Use
Updated as of: May 20th, 2026
Emerald Myth Studio Limited, doing business as "Rip Rush" ("Company"), operates the Rip Rush website found at www.emeraldmyth.com, the mobile application named "Rip Rush" (the "App"), and all services provided through the website and App – including the purchase, sale, storage, and shipment of collectible items and other goods (together, the "Services"). The website and App together form the Rip Rush platform ("Platform"). Some features of the Platform may be subject to extra guidelines, terms, or rules ("Additional Terms"), which will be posted on the website, in marketing materials, or made available through the Platform in connection with those features. References to "you" and "your" mean you, a user of the Platform. The Company also publishes other applications, and the terms of use for those other applications apply when you use them.
THESE TERMS OF USE, ALONG WITH ANY APPLICABLE ADDITIONAL TERMS, FORM A COMPLETE LEGALLY BINDING AGREEMENT BETWEEN THE COMPANY AND YOU REGARDING YOUR ACCESS TO AND USE OF THE PLATFORM (COLLECTIVELY, THE "AGREEMENT"). BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THE AGREEMENT IF YOU LACK THE CAPACITY TO ENTER INTO IT. IF YOU DO NOT AGREE WITH ALL THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE PLATFORM.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT ANY CLAIMS YOU HAVE AGAINST THE COMPANY TO BINDING AND FINAL ARBITRATION. FURTHERMORE:
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND
(2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
YOU AGREE THAT YOU HAVE REVIEWED OUR RESPONSIBLE PURCHASING POLICY AND WILL TAKE STEPS TO LIMIT YOUR PURCHASING AND OTHERWISE SEEK HELP IF YOU ARE UNABLE TO USE THIS APPLICATION RESPONSIBLY.
1. PRIVACY
While using the Platform, you may provide User Data (defined below), including personal information, to the Company. The Company’s Privacy Policy explains how we handle your User Data. We agree to follow the Rip Rush Privacy Policy, and you agree that the Company may use and share your User Data in accordance with that Privacy Policy and applicable data privacy and protection laws.
2. ACCOUNTS
2.1 Account Eligibility and Creation.
To use the Platform, you must register for a Rip Rush account ("Rip Rush Account") and supply certain information as prompted by the registration form. A user may only have and keep one (1) Rip Rush Account. **ANY ATTEMPT TO CREATE MORE THAN ONE ACCOUNT IS GROUNDS FOR IMMEDIATE TERMINATION OF ALL ACCOUNTS AND FORFEITURE OF ALL BALANCES AND PHYSICAL INVENTORY ASSOCIATED WITH THOSE ACCOUNTS.** You represent and warrant that: (i) all required registration information you provide is truthful and accurate; (ii) you will keep that information accurate at all times; and (iii) you meet the following account eligibility criteria:
(a) you are at least eighteen (18) years old;
(b) all payment methods you use are linked to an account you own – using a payment method not issued to you is a violation of this agreement;
(c) you have not been banned by the Company or its affiliate, Onezhu Studio Inc., for any reason;
(d) you have a personal United States telephone number;
(e) you have a valid government issued identification; and
(f) your account is held by a natural person and not for the benefit of any company or entity.
2.2 Verification of Account Information.
The Company reserves the right to verify a user’s eligibility at any time, during or after account creation, including by asking the user to provide identification or verify age and/or physical location – for example, by uploading a government issued ID and a "live" recording that matches that ID. If you do not provide accurate eligibility information, or if the Company cannot reasonably verify it as accurate, the Company may suspend or terminate your Rip Rush Account, and you agree that you forfeit any balance in your Rip Rush Account. The Company may suspend or terminate your Rip Rush Account as provided in this Agreement, regardless of whether you meet the eligibility criteria stated here. To pass KYC Verification, you will be required to submit a liveness image, a government issued ID, email address, name, and other data as needed.
2.3 Eligible Locations, Compliance With Laws.
The Company may restrict the Services to locations where it believes it is allowed to provide them. Nonetheless, you agree that you are responsible for knowing and understanding the laws that apply to you, and you agree not to use the Rip Rush Services in any location where any aspect of the Services is not allowed. Additionally, if any jurisdiction where you access the Services imposes purchase limits, you agree that you will not exceed the amount that would create a claim against the Company or any other user of the Rip Rush Platform.
2.4 Account Deletion.
You may delete your Rip Rush Account at any time, for any reason, through the app or by emailing support@emeraldmyth.com. Before deleting your account, you are responsible for withdrawing all funds in your account and for selling or shipping all inventory in your account. You agree that any funds or collectibles remaining in your account at the time of a deletion request will be transferred to the Company upon that request. You may also suspend your Rip Rush Account through a user initiated account suspension in the application. This is not a permanent deletion, and suspended Rip Rush Accounts may be reopened.
2.5 Account Responsibilities.
Each user is responsible for keeping their Rip Rush Account login information confidential and is fully responsible for all activities that occur under their Rip Rush Account. The Rip Rush App may be accessible from an unlocked phone; you agree to maintain control over your phone and use safeguards to prevent unauthorized access to the Rip Rush App. You are responsible for keeping the Rip Rush App within your sole control, and any conduct by a third person who gains access to the Rip Rush App by using or accessing your phone is your responsibility. You agree that you are liable for transactions made by others who use your phone, unless applicable law does not permit such responsibility. Even if your financial institution reverses charges incurred, you will remain liable to the Company for transactions made by you or by others who access your phone with your permission or because you failed to adequately protect your account. To prevent unauthorized use, you should password protect your phone and log out of the Rip Rush App when you finish a session. You agree to immediately notify the Company of any unauthorized use or suspected unauthorized use of your Rip Rush Account or any other security breach. Each user account is for the sole purpose of accessing the Platform by the assigned user. **RIP RUSH ACCOUNTS ARE NOT TO BE USED OR SHARED BY MORE THAN ONE INDIVIDUAL; DOING SO SHALL BE GROUNDS FOR IMMEDIATE TERMINATION OF THE RELEVANT RIP RUSH ACCOUNT(S).**
2.6 Authorization for Contact.
By creating an account, each user authorizes the Company to contact them electronically by phone, email, text message, notification, or other electronic means in order to: (i) confirm information about the user; (ii) confirm information submitted by you; (iii) resolve customer support issues; (iv) request information about the user’s use of the Platform; (v) provide account status information; or (vi) take any action in furtherance of this Agreement. This authorization continues for the term of the Agreement. To terminate this authorization, the user must send a notice to support@emeraldmyth.com and stop all use of the Platform except for the Rip Rush App solely for withdrawal purposes, or alternatively, unsubscribe electronically by following the "stop" or "unsubscribe" instructions in any communication sent to the user.
3. USE OF PLATFORM
3.1 Limited License.
Subject to the terms of this Agreement, the Company grants you a limited, revocable, non transferable, non exclusive license to access and use the Platform for your own personal use in accordance with this Agreement. For clarity, your use of any software made available by the Company in connection with your access to and use of the Platform is limited to the executable object code format only. Specifically, and without limitation, any attempt to access source code, back end systems, databases, or to manipulate the software or its communications in any way to cheat, gain an unfair benefit, or for any other unauthorized purpose, is grounds for immediate termination of your Rip Rush Account.
3.2 Acceptable Use and Restrictions.
The rights granted to you under this Agreement are subject to the following rules for acceptable use and restrictions:
(a) You shall not access or use the Platform for any purpose other than the Services for which the Company makes it available.
(b) You shall not use the Platform for any commercial endeavors except those specifically endorsed or approved by the Company, including advertising or offering to sell goods or services on the Platform, or collecting usernames and/or email addresses of users for sending unsolicited emails.
(c) Except as expressly permitted in writing by the Company in advance, you shall not license, sell, rent, lease, transfer, assign, distribute, or host the Platform to or for a third party.
(d) You shall not trick, defraud, or mislead the Company or other users, especially in any attempt to obtain sensitive account information such as passwords.
(e) You shall not attempt to impersonate another user or person, or use another user’s username.
(f) You shall not use any information obtained from the Platform to harass, abuse, or harm another person.
(g) You shall not sell or otherwise transfer your Rip Rush Account.
(h) You shall not misuse our support services or submit false reports of abuse or misconduct.
(i) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform.
(j) You shall not circumvent, disable, or otherwise interfere with security related features of the Platform (including features that restrict use or copying of content or enforce limitations), nor attempt to bypass any measures designed to prevent or restrict access to the Platform or any portion of it.
(k) You shall only use payment methods for which you are the account holder.
(l) You shall not disparage, tarnish, or otherwise harm the Company or the Platform, as determined by the Company in its discretion.
(m) Except as expressly stated or otherwise permitted in writing by the Company, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means (including scraping, mirroring, framing, embedding, or linking).
(n) You shall not systematically retrieve data or content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company, nor shall you upload or transmit any material that acts as a passive or active information collection or transmission mechanism (including clear GIFs, 1×1 pixels, web bugs, cookies, or similar devices sometimes called "spyware" or "passive collection mechanisms").
(o) Except as may result from standard search engine or Internet browser usage, you shall not engage in automated use of the Platform (e.g., using accounts created by automated means, scripts to send comments or messages, buying agents to make purchases, or data mining, robots, or similar data gathering tools).
(p) You shall not interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to it.
(q) You shall not upload or transmit viruses, Trojan horses, or other material that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform, nor use the Platform in any way that interferes with another user’s uninterrupted use and enjoyment (e.g., excessive capital letters, spamming, continuous repetitive text, or other abusive, harassing, or obnoxious behavior as determined by the Company).
(r) You shall not harass, annoy, intimidate, or threaten any Company employee, agent, or service provider engaged in providing any portion of the Platform to you.
(s) Your use of the Platform must at all times comply with all applicable laws and regulations and all applicable terms of any Third Party Services (defined below) on which our Platform depends.
(t) All copyright and other proprietary notices included within the Platform or on content made available through it must be retained and not modified or obscured.
(u) You shall not violate any agreement with Emerald Myth Studio Limited, or any of its subsidiaries, including the "Rip Rush - Daily Free Pack" Terms of Use.
3.3 Modification.
The Company reserves the right, at any time, to modify, suspend, or discontinue the Platform (including the Website or Services) or any part thereof, with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform or any part of it. Any future release, update, or other addition to functionality will be subject to this Agreement.
3.4 Ownership.
Excluding User Data (defined below), you acknowledge that all intellectual property rights in and to: (a) the Platform; (b) all names, logos, and trademarks used with the Platform; and (c) all content made available by the Company through the Platform (including designs, databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, and client and server side code) are owned by the Company or its licensors. The provision of the Platform does not transfer to you or any third party any rights, title, or interest in such intellectual property rights. The Company and its licensors reserve all rights not expressly granted in this Agreement.
3.5 Third Party Services.
The Platform is designed to work with certain third party services not controlled or maintained by the Company ("Third Party Services"), such as those providing transactional and/or financial services. Some Third Party Services are integrated into the basic operation of the Platform, and others may be added by you for extra fees. You must agree to and abide by the terms of any applicable Third Party Services; violating those terms is also a violation of this Agreement. The Company is not responsible for the content or any transactions you process on or through any Third Party Services, and makes no representations or warranties about them. To the extent the Company provides links or references to Third Party Services, you acknowledge that they are provided as a convenience only. In no event shall the Company be liable for any loss, claim, damages, costs, or negative experiences arising from your access to or use of any Third Party Services independent of or not directly caused by the Platform, including any transactions you process on or through them. Specifically, you agree to the terms applicable to the Third Party Services listed below (if any are listed in the original, they would be referenced here; as none are listed, this remains general).
3.6 User Responsibilities.
In connection with using the Platform and the Services, each user is responsible for – and the Company fully disclaims and is released from any responsibility for – the following:
(a) The user’s own devices and telecommunications connections, services, and fees (including wireless, Internet, and other services). Specifically, the user bears the full risk of any malfunction, crash, or failure of their device or connection (whether hardware or software related, or due to low/no battery or power supply), for any reason.
(b) The availability, quality, latency, and continuity of their telecommunications connections and services. Specifically, the user bears the full risk of any malfunction, crash, or failure of the networks used to connect to the Platform, for any reason.
**ANY LOSS, LIMITATION, OR NEGATIVE EXPERIENCE A USER SUSTAINS IN CONNECTION WITH ANY OF THE FOREGOING SHALL NOT ENTITLE THE USER TO A REFUND OR ANY OTHER REMEDY. IF A USER’S DEVICE CANNOT SUBMIT A SCORE TO THE PLATFORM FOR ANY REASON, THE USER WILL AUTOMATICALLY RECEIVE A SCORE OF ZERO. IF A USER EXITS A GAME OR TOURNAMENT FOR MORE THAN FIVE (5) SECONDS, THE USER’S SCORE WILL BE REPORTED AS THE LAST VALID SCORE SUBMITTED FROM THE USER’S DEVICE, IF AVAILABLE TO THE COMPANY.**
3.7 Bank Secrecy Act – Anti Money Laundering Policies.
You agree that you have read the Rip Rush BSA AML Policy and that the Company may take any action indicated in that policy. By using the Platform, you represent that you are not on any Specially Designated Nationals or Blocked Persons list ("SDN") maintained by the U.S. Office of Foreign Assets Control.
4. USER CONTENT
4.1 User Data.
"User Data" means any and all information and content that is input into the Platform by or on behalf of a user, except for Payment Data (defined below). You acknowledge and agree that, except as outlined in the Privacy Policy, the Company is not responsible for any User Data you provide – including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. The Company does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Data.
4.2 User Data Responsibilities.
The Company is not obligated to back up any User Data, and you are solely responsible for creating backup copies of your User Data if you wish.
4.3 Right to Remove Data.
You agree that the Company has the right to remove any content, including User Data, from the Platform at any time, with or without cause. The Company also has the right to refuse, move, or block access to any material submitted on or through the Platform, and to establish general practices and limits concerning use of the Platform. The decision of whether to remove content is within the Company’s sole and complete discretion. The Company has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will the Company be liable for removing or failing to remove any content. If the content removed includes your access to any collectibles you are storing with the Company, the Company will follow the procedures outlined in Section 5 below.
4.4 License.
You hereby grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non exclusive, royalty free, fully paid up, worldwide license to use, reproduce, distribute, publicly display and perform, modify, adapt, prepare derivative works of, incorporate into other works, and otherwise exploit your User Data, and to grant sublicenses of the foregoing, for the purposes of providing the Platform to you, for any specific purpose identified in connection with our solicitation or collection of your User Data, and as otherwise permitted by our Privacy Policy. More specifically, you agree that we may process your User Data to create aggregated and/or de identified data sets used to improve the Platform, including for algorithm development, machine learning, and the creation and development of other features. For clarity, except where limited by applicable law, this license continues even after you stop using the Platform, including with respect to aggregate and/or de identified data derived from your User Data and any residual backup copies made in the ordinary course of our business. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Data.
4.5 Feedback.
If you provide the Company any feedback or suggestions regarding the Platform ("Feedback"), you hereby assign to the Company all rights (including all intellectual property rights) in and to the Feedback and agree that the Company may use such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide as non confidential and non proprietary. You agree not to submit any Feedback that you consider confidential or proprietary.
4.6 Other Users.
Each user of the Platform is solely responsible for all of that user’s User Data. You acknowledge and agree that we are not responsible for any User Data and make no guarantees about its accuracy, currency, suitability, or quality. The Platform provides features that may allow you to interact with other users. You agree that, regardless of whether Company personnel are present or intervene, the Company has no obligation to restrict or prohibit your interaction with other users, and will not be responsible for any loss or damage incurred as a result of such interactions. If a dispute arises between you and another user, we are under no obligation to become involved.
4.7 Sharing of User Information.
The Platform may provide information from or about users to other users. Currently, the Platform allows other users to view a user’s profile, uploaded profile image, and scores in matches with other users. The Company makes commercially reasonable efforts to clearly indicate when a user is using a feature that permits sharing information with other users. The Company does not and cannot verify all information provided by users. The Company does not control and makes no representations or warranties about the identity, character, or behavior of any user, and the Company disclaims – and you release the Company from – any and all liability relating thereto. Users should exercise caution and judgment when interacting with other users, both online and offline, as when interacting with any unknown individual. In certain circumstances where a user is located in a specific jurisdiction, they may be entitled to release of other contestants’ information under applicable law. To the extent such release is required by law, the user to whom it is requested will keep all such information confidential and shall not publicly disclose or release any names or other information of other users. The Company makes no representation or warranty about the accuracy of information supplied by users. Users acknowledge and agree to the release of such information where required by law and waive any claims against the Company for the misuse or disclosure of such release by a user to whom the information is required to be released.
5. COLLECTIBLE PURCHASING, STORAGE, AND SALES
The Company may allow a user to do one or more of the following: (i) purchase physical collectible items directly; (ii) purchase physical collectible items in "blind box" form (e.g., a pack containing one or more collectible cards where the cards are of the same type but may have various attributes); (iii) track their inventory of collectibles purchased from the Company ("User Inventory"); (iv) have the Company store their physical collectible items; and (v) have their User Inventory shipped to them.
5.1 Direct Purchase of Collectible Item.
The Company may make certain physical goods available on its marketplace for purchase. You may purchase such items. Each purchase is non refundable and no returns are allowed once an item is purchased, except as expressly permitted under these Terms. Upon purchase, your account will be credited with the item and it will appear as User Inventory. You will have a period of time, shown in the User Inventory tab, in which to return any of your Inventory to the Company for the Fair Market Value (defined below). After that time expires, you agree that such Inventory will be automatically returned to the Company for the Fair Market Value. You may also choose to have any of your User Inventory shipped to you; at that point the sale of the User Inventory will be deemed completed. If you are located in a jurisdiction that requires sales tax collection, you agree to pay the amount of sales tax due, which will be collected before any shipment.
5.2 Blind Box or Pack Purchases.
The Company may make available "blind box" or other collectible pack purchases (a "Pack"). In each case, the type of product you are purchasing and other information related to the pack will be provided, including at a minimum: (i) the producer of the collectible; (ii) the series or type of collectible included; (iii) the cost of purchase; (iv) the number of collectibles in the pack (though the Company may add extra collectibles as promotional bonuses in its sole discretion, called "Promotional Items," which will not change the underlying primary item or its statistical likelihood where such statistics are provided).
Additional information may be provided, such as: (i) the chance the card has a certain Fair Market Value (based on the Company’s reasonable determination as described in Section 5.4); (ii) the chance of a rarity and the scale on which that rarity is based; (iii) the "grade" of the collectible.
**ALL STATISTICS RELATED TO EACH PACK PURCHASE MAY VARY BETWEEN ANY GIVEN PACK. THE STATISTICS WILL CHANGE IN REAL TIME BASED ON AVAILABLE INVENTORY. ALL STATISTICAL RANGES PROVIDED ARE ACCURATE AT THE TIME THEY ARE PROVIDED – THOUGH SUBJECT TO CHANGE – BUT THE DISTRIBUTION BETWEEN RANGES MAY NOT (AND LIKELY IS NOT) BE EQUAL.**
A Pack purchase is non refundable. Upon purchase, your account will be credited with the item selected from the inventory (as discussed in Section 5.3) and it will appear in your "Inventory." However, no sale has occurred and title to the item will not pass to you until the following occur: (i) you request that the item be shipped to you; (ii) you pay any applicable sales tax associated with shipment; (iii) the item is found in the Company’s inventory (for lost items, see Section 5.7); (iv) your account has not been banned, blocked, or otherwise terminated; (v) you have passed our KYC process; (vi) the packaged item is accepted by the carrier; and (vii) the packaged item is properly addressed to the address you provided to the Company. The completion of these requirements is a "Sale." Until a Sale occurs, any loss, mislabeling, damage, destruction, or other issues (except a terminated or banned account) may only be remedied by crediting the FMV of the item to you (as FMV is defined in Section 5.4).
5.3 Inventory and Storage.
The collectibles you have the ability to request shipment on will be shown in your "Inventory" tab in your user account. In the event of any loss of your Inventory, the Company will provide the FMV (defined below) of such collectibles at the time of the loss by crediting your account.
**YOU MAY ONLY STORE A COLLECTIBLE FOR A MAXIMUM OF SEVEN DAYS.** Any collectible that remains in storage for seven days or more will be considered a "Return" at the Company’s sole discretion, and you will be credited the FMV of the collectible (as defined below) determined by the Company at the time you received it. The Company may give a minimum of twenty four (24) hours’ notice by push notification. The Company may also text you if a collectible in your inventory is subject to repurchase; you specifically agree to receive such text notifications regarding your inventory. The Company may extend this deadline in its sole discretion (for example, if you are working to meet the requirements of the Company’s KYC process).
5.4 Fair Market Value.
The Company uses real time sales statistics to determine the fair market value ("FMV") of collectibles for purposes of: identifying the expected value of a collectible for any metrics made available to you before purchase; making any offer to purchase a collectible you own; and valuing your Inventory in the event of a loss.
The FMV that the Company uses may not match published market values. The Company uses a proprietary system to generate its FMV, which may take into account, but is not limited to, the following factors ("FMV Factors"): (i) rarity; (ii) previous sales; (iii) previous sales of similar items; (iv) the difficulty in time, expense, and risk of purchasing a similar collectible; (v) general market dynamics relevant to the specific collectible or type; (vi) professional grading scores and encapsulation/packaging status; (vii) provenance, history, additional features, or modifications of a specific collectible; (viii) authenticity certainty level; (ix) average time to sale for similar items; (x) signatures or other similar additions and their rarity, certainty of authenticity, and other features specific to those signatures or markings.
The FMV used by the Company is subject to change at any time, and the Company makes no representation that any FMV will remain stable or that the weight and use of any FMV Factors will remain unchanged.
You may access the Company’s FMV determinations for any set of its collectibles, including all available collectibles in a category, by using the following links for the associated collectible types: (i) Pokemon Cards; (ii) Basketball Cards. The FMV shown in those collections is applicable only at the time of access and is subject to change as described in this section.
5.5 Returns of Collectibles to the Company.
Before a Sale is completed, the Company may allow you to return a collectible shown in your "Inventory" tab (a "Return"). It may make Returns available by displaying a purchase price and a button to complete such a Return. All Returns to the Company are final. Upon a Return, your Rip Rush Account will be credited the FMV of the collectible, such credit to be in the form of additional pack purchase credits as denominated in Section 6.2.
You agree that the Company is under no obligation to: (i) offer a Return; (ii) keep a Return window open even if previously displayed; such Return offers may be terminated at any time; or (iii) collect or remit taxes on your behalf absent a completed Sale.
5.6 Shipping From Inventory.
A user may ship a collectible from Inventory. Before shipping any collectible, a user may be required to pass KYC Verification, must pay any sales tax applicable based on the shipping location, and must not have violated any term of this Agreement. A user may select the shipping service from those available for servicing their desired address within the United States. Items will not be shipped on Saturdays and Sundays, but we will attempt to ship your item as quickly as possible. If you do not receive a shipping notification within five (5) business days, please contact customer support through the App. In all cases, the user is responsible for the cost of shipping and any cost of tracking the package (which may be required). A user may be given the ability to insure any shipment. You may be required to purchase insurance on any shipment over $1,000, and the user will pay for it. If insurance is required, the Company will make it available without markup. You agree that the Company has no liability for any package lost in transit. We recommend that you purchase insurance at the time of shipment if available. At this time, the Company does not offer combined inventory shipments; each individual collectible must be shipped separately.
You must notify the Company within ten (10) days of delivery of any shipping error by messaging customer support using the in app messaging feature. If you do not notify the Company within ten (10) days, you agree that you have accepted the shipment as fully satisfying the inventory transfer made in your Rip Rush App.
5.7 Loss of Inventory, Inventory Errors.
If your physical Inventory held by the Company is lost, stolen, or destroyed, the Company will notify you and credit your account in an amount equal to the FMV of your Inventory at the time of such loss, as indicated by your Inventory values in your account at that time. You bear the risk of any changes in FMV in the event of such loss.
If a requested item is not available for shipment, the Company may, in its sole discretion: (i) credit you with the FMV of the collectible at the time of the shipping request plus ten percent (10%); or (ii) purchase and ship an equivalent replacement collectible with materially similar characteristics. The Company will notify you if this occurs and which option it has selected. You agree that you take the risk of any change in FMV before requesting shipping.
5.8 Grading and Raw Cards.
Unless a card is specifically identified with a grade, or is marked as "raw," or (in the case of a Pokemon card) is not displayed in a PSA marked case, such card is being sold as a "raw"/ungraded collectible. We strive to maintain all "raw"/ungraded collectibles inventory in "Good" or better condition; however, for "raw"/ungraded collectibles, there is no guarantee of condition. If you choose to have a "raw"/ungraded collectible shipped to you, it is sold "as is" with no guarantee of condition. If you do not wish to take that risk, you may, in accordance with these terms, sell the raw collectible to us at the FMV when offered.
5.9 Entertainment Wrappers.
Various in app mechanisms and animations may provide user interfaces to card selectors or other user based inputs ("Non Purchase Interfaces"). Examples of Non Purchase Interfaces include the rotating card wheel selector. The only user based inputs that affect the card purchase are the selection of the card pack, the rarity selector (if made available), and the purchase confirmation. The Non Purchase Interfaces are provided for entertainment only and do not affect purchase or collectible outcomes.
6. FEES, FUNDS, AND WITHDRAWAL
6.1 Fees.
We will make commercially reasonable efforts to display and explain all applicable fees in connection with using the Platform, including all shipping fees. You may also be charged for the use of Third Party Services (e.g., for an instant withdrawal, shipping, or insurance). Our fees and payment policy may change at any time and from time to time in our sole discretion. As noted above, we contract with one or more third parties to facilitate the processing of fees and payments.
6.2 Adding Funds to Rip Rush Account.
Any funds added to your Rip Rush account are non refundable and may be used only for purchasing collectibles or Packs. You may add funds after (i) the Company has verified that you are located within the United States; and (ii) you have indicated your acceptance of this Agreement (including our Privacy Policy). All funds added to a Rip Rush account are non transferable and will not be refunded by the Company, except as required by applicable law or other legal obligations.
Funds may be withdrawn from your Rip Rush Account only in accordance with this Agreement. The only funds available for withdrawal are those you have received from sales of your Inventory – not any amounts added from other sources.
You must deposit funds from an account or card you own or that is issued to you, and you agree not to deposit funds using any other person’s account or credit/debit card. The Services may be illegal in the jurisdiction where you are located (for example, users in China); if so, you are not authorized to use your payment card to complete a transaction.
6.3 Withdrawal of Funds.
The following terms apply to withdrawing funds from your Rip Rush Account:
(a) You may not withdraw any funds until you have passed KYC Verification of your user status. You specifically agree that you have no claim to any account balance or inventory items without completing KYC Verification and being eligible for a Rip Rush Account under this Agreement. As part of this process, you must provide certain information, including but not limited to: (i) uploading an image of a government issued photo ID; (ii) taking a live video of your face for matching to your photo ID; and (iii) authorizing the collection of phone GPS data, among other information. Some of this information may be considered biometric information in certain jurisdictions. By using the Platform for withdrawal, you specifically acknowledge and agree to the collection of such information for identity verification and for management of that information in accordance with this Agreement, the Rip Rush Privacy Policy, and applicable third party terms and privacy policies.
(b) You may only withdraw funds you have gained from sales of your Inventory. You cannot withdraw deposited funds, as deposited funds may only be used for purchasing collectibles or Packs.
(c) The Company, in its sole discretion, may limit you to no more than $250 in eligible funds during any single period of seven (7) consecutive days.
(d) The Platform’s default automated withdrawal solution requires that each user receive a payout to the user’s debit card, bank account, and (if available) PayPal, Venmo, or CashApp account. If you do not have a bank account or debit card, you may contact customer support in the Rip Rush App, and we may attempt to facilitate a manual payout on a case by case basis in our sole discretion.
(e) All withdrawal transactions must be at least $5 or greater, and will process within two weeks of the request.
(f) If you withdraw more than $2,500 in any calendar year, the Company may require that you provide certain tax forms before processing such withdrawal.
(g) You are solely responsible for reporting and paying any applicable taxes on any goods purchased, whether or not funds are withdrawn from your Rip Rush Account.
(h) All withdrawals are final and cannot be reversed by the Company. **YOU BEAR THE ENTIRE RISK OF ENTERING THE CORRECT BANK ACCOUNT, DEBIT CARD, OR OTHER ACCOUNT INFORMATION FOR A WITHDRAWAL; THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR YOUR ENTRY OF INCORRECT DEBIT CARD INFORMATION.**
6.4 Refund Policy.
6.4.1 Deposits
You may deposit funds into the Rip Rush App; however, all deposits may only be used for in App purchases of items available on the App. You agree that upon deposit, you waive any right to withdraw those funds or use them outside the App.
6.4.2 Purchases
All Purchases are final and binding. The Company will only refund Purchases if there is an error by the Company or its software, or if applicable law or other legal obligations require a refund. The Company may review and modify fees charged and payments made in any transaction, and reimburse such amounts in its sole discretion, based on any complaint or report of special circumstances concerning a transaction.
6.4.3 Prepaid Purchase Refunds
Except as required by law or other legal obligations, the Company will only refund transactions where you purchase prepaid collectible credits in the following circumstances:
(a) If the user provides evidence that the transaction was fraudulent;
(b) If the transaction resulted from an error (e.g., a double transaction), but only to the extent the prepaid credits related to such additional transactions were not used;
(c) At the Company’s sole discretion.
All refund requests must be made within thirty (30) days of the transaction date. The Company will review the requests and provide a response within three (3) business days. The only mechanisms for any refunds are the addition of prepaid game credits to your Rip Rush account or a reversal/payment through the payment method used to initiate the disputed transaction.
6.5 Stored Payment Terms.
The Rip Rush Platform may allow storage of payment information, including but not limited to bank account numbers, credit/debit card numbers, or account credentials linking one or more accounts to your Rip Rush Platform account ("Payment Data").
6.5.1 Agreement to Store Account Data
By manually entering and checking the box authorizing the Company to store your Payment Data, you authorize the Company to store such Payment Data and certify that you are the owner of the account associated with it, and you authorize those accounts to be charged by the Company upon your approval.
All stored Payment Data will be stored locally on your mobile device accessible through the Rip Rush App and may be removed from the App by you at any time. The Company will not store your Payment Data outside your device but may transmit it as necessary to complete transactions on the Rip Rush Platform.
To revoke your consent to the storage of your Account Data, you can: (i) remove the account data from storage within the Rip Rush App; or (ii) delete the Rip Rush App.
6.5.2 Use of Account Data
The stored Account Data may be used by you in accordance with this Agreement to:
(a) Initiate the purchase of pre paid game credits by selecting and authorizing the purchase amount in the Rip Rush App;
(b) Initiate withdrawals from your account to an account associated with your stored Payment Data.
6.5.3 Limitations of Use by the Company
The Company will not do the following with any stored Payment Data:
(a) Initiate transactions without your consent;
(b) Provide for scheduled transactions – all transactions must be initiated by you.
6.6 Transaction Receipts.
Users should keep all transaction records and a copy of the Company’s policies and rules, including a copy of this Agreement and the Privacy Policy.
6.7 Balance Transfer to Other Rip Rush Applications.
The Company has entered into agreements with other applications to allow a user’s balance (including tournament entry credits and potentially withdrawable cash) to be transferred to such additional applications. If you transfer any balances to another application, you agree to the Terms of Use of that application. Currently available applications and their associated Terms of Use are: "Rip Rush - Daily Free Pack" Terms of Use. You specifically acknowledge that any balance transfer will be treated as an inbound purchase transaction, and all rules applicable to such transfer (including purchase through or play through requirements) will be imposed. Further, other applications may impose different transaction maximums or fees as outlined in their applicable Terms of Use.
7. ANTI MONEY LAUNDERING
Users are explicitly prohibited from intentionally losing a Tournament for any reason, including but not limited to attempting to transfer money to another user. Any use of the Rip Rush platform other than to compete in good faith in a real money contest in a skill based game is strictly prohibited. Where the Company determines, in its sole discretion, that a user has violated these terms: (a) the Company may suspend and/or terminate the user’s Rip Rush Account; (b) the Company may temporarily or permanently ban the user from the Platform (including through the user’s existing or any new Rip Rush Account); (c) the Company may take any other action, including but not limited to legal action; and (d) the user is subject to forfeiture of the entire balance of funds in the user’s Rip Rush Account.
8. CHEATING POLICY
8.1 Prohibited Conduct.
The following is a non exhaustive list of prohibited conduct:
(a) Using a virtual private network (VPN);
(b) Not providing or maintaining accurate information in a Rip Rush Account (including using fake phone numbers);
(c) Opening or operating more than one Rip Rush Account;
(d) Conducting or attempting to conduct fraudulent financial transactions through the Platform (including fraudulent charge backs);
(e) Exploiting an error in the Platform that is not in accordance with the intended or good faith use;
(f) Using a jailbroken device or any device with software not intended to run on the device on which the platform is running;
(g) Using phone numbers for account creation or referral that are not issued by a cell phone provider and linked to a single device or SIM card.
8.2 Consequences.
Where the Company determines, in its sole discretion, that a user has breached this Agreement:
(a) The Company may suspend and/or terminate the user’s Rip Rush Account;
(b) The Company may temporarily or permanently ban the user from the Platform (including through the user’s existing or any new Rip Rush Account);
(c) The Company may take any further action, including but not limited to legal action; and/or
(d) The user is subject to forfeiture of the entire balance of funds (withdrawable cash, Bonus Cash, and pre paid purchase credits) and any inventory in the user’s Rip Rush Account.
9. INDEMNITY
You agree to indemnify and hold harmless the Company and its affiliates, and their respective directors, officers, members, principals, owners, employees, agents, representatives, contractors, successors, and assigns, from and against any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to any third party claim or demand due to or arising out of (i) your use or misuse of the Platform; (ii) your User Data; (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of those claims. You agree not to settle any matter without the Company’s prior written consent. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
10. DISCLAIMERS
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR THOSE WARRANTIES EXPRESSLY IDENTIFIED AS WARRANTIES BY THE COMPANY, THE COMPANY MAKES AND HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PLATFORM; (B) ANY PRODUCTS AND SERVICES OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM; (C) THE ACTS OR OMISSIONS OF USERS THROUGH THE PLATFORM; (D) THIRD PARTY SERVICES ON WHICH THE PLATFORM DEPENDS OR WITH WHICH IT INTEROPERATES; AND (E) ANY TRANSACTIONS INITIATED OR PROCESSED BY YOU ON OR THROUGH SUCH THIRD PARTY SERVICES – INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED OR OFFERED THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. THE COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS AND USE WILL BE UNINTERRUPTED OR ERROR FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN SUCH JURISDICTIONS AND ONLY TO THE EXTENT DISALLOWED, THIS DISCLAIMER WILL NOT APPLY.
11. LIMITATION OF LIABILITY AND RELEASE
11.1 Limitation of Liability.
To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall the Company or any of its affiliates or suppliers (including any of their partners, officers, directors, members, managers, owners, principals, employees, agents, contractors, successors, or assignees) be liable to you for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), or for any damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or products, lost profits, revenue or savings (actual or anticipated), or other economic loss resulting from or in connection with (a) the Platform; (b) any products and services offered or made available through the Platform; (c) any acts or omissions of users of the Platform; (d) Third Party Services which the Platform uses or interoperates with; or (e) any transactions initiated or processed by you on or through such Third Party Services – even if the Company or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES AND SUPPLIERS (INCLUDING THEIR PARTNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PRINCIPALS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNEES) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY YOU TO THE COMPANY UNDER THIS AGREEMENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES PROVIDED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11.2 Waiver of Claims.
EACH TIME YOU ACCESS THE PLATFORM, EXCEPT WITH RESPECT TO ACCESS AND USE OF THE RIP RUSH APP, YOU EXPRESSLY RELEASE ANY AND ALL CLAIMS YOU HAVE AGAINST THE COMPANY. SUCH RELEASE INCLUDES A WAIVER UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH READS AS FOLLOWS:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
12. TERM AND TERMINATION
Subject to this Section, this Agreement will remain in full force from the date you agree to it until terminated. The Company may (a) suspend your rights to use the Platform (including your Rip Rush Account), (b) terminate this Agreement, and/or (c) ban you from the Platform at any time and for any reason whatsoever, in its sole and complete discretion. Upon termination of this Agreement, your Rip Rush Account and right to access and use the Platform will terminate immediately. You understand that any termination may involve deletion of some or all of your User Data from the Platform or our databases. The Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Rip Rush Account or deletion of your User Data.
13. COPYRIGHT POLICY
The Company seeks to respect the intellectual property of others and asks that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that any portion or content of our Platform unlawfully infringes the copyright(s) in a work and you wish to have the allegedly infringing material removed, you must provide the following information in the form of a written notification to support@emeraldmyth.com:
(a) Your physical or electronic signature;
(b) Description of the copyrighted work(s) you claim has been infringed;
(c) Description of the material on our services you claim is infringing and that you request us to remove;
(d) Sufficient information to permit us to locate such material;
(e) Your address, telephone number, and email address;
(f) A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or the law; and
(g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsity) in a written notification may subject the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the notification and allegation of copyright infringement.
14. DISPUTE RESOLUTION
Please read this Section 14 carefully. It requires you to arbitrate disputes with the Company on an individual basis and limits the manner in which you can seek relief.
14.1 Choice of Law.
This Agreement, and any dispute arising out of or relating to it or the Platform, shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions, except that the Federal Arbitration Act (9 U.S.C. §§ 1–16) ("FAA") shall govern the interpretation and enforcement of Section 14 of these Terms of Use and any question of whether a dispute is subject to arbitration. To the extent there is any conflict between the FAA and Hong Kong law with respect to arbitrability or the enforcement of the agreement to arbitrate, the FAA shall control.
14.2 Informal Dispute Resolution.
Before initiating any arbitration or court proceeding, you and the Company agree to first attempt to resolve any dispute informally for a period of sixty (60) days. To begin the informal resolution process, a party must send the other party a written Notice of Dispute ("Notice") by certified mail or, if to the Company, by emailing support@emeraldmyth.com with a copy sent by certified mail to the Notice Address identified below. The Notice must include: (a) the claimant’s name and contact information; (b) a description of the nature and basis of the dispute; (c) the specific relief sought, including the amount of any monetary claim; and (d) any supporting documentation. The parties agree to negotiate in good faith during this sixty day period. If such efforts prove unsuccessful within sixty days after the Notice is received, either party may proceed to arbitration or Small Claims Court as set forth below.
14.3 Arbitration Agreement.
Except as otherwise stated in this agreement, disputes, claims, and controversies between you and the Company arising out of, relating to, or in connection with the Platform, any real money tournaments, the relationship between you and the Company, and any interpretation or application of these Terms of Use or this arbitration provision shall be resolved exclusively through final and binding individual arbitration, rather than in court, and administered by the American Arbitration Association ("AAA") under its then current consumer arbitration rules. Unless otherwise agreed by the parties, required by the AAA Rules, or conducted remotely pursuant to those rules, the place of arbitration shall be San Francisco, California.
There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. The arbitration shall be conducted by a single arbitrator with experience in consumer and/or technology disputes. The arbitrator shall apply California substantive law consistent with the FAA, follow applicable statutes of limitations, and honor claims of privilege recognized at law. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of competent jurisdiction, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. This arbitration agreement is subject to the Federal Arbitration Act and evidences a transaction involving interstate commerce. The arbitrator’s award may be entered in any court of competent jurisdiction.
If the AAA is unable or unwilling to administer the arbitration, the parties agree that JAMS shall administer the arbitration under its applicable consumer rules. If neither AAA nor JAMS is available, the parties shall agree on an alternative arbitration forum, or a court of competent jurisdiction shall appoint an arbitrator.
For claims of $25,000 or less, you may elect for the arbitration to be conducted: (i) in the county where you reside; (ii) in San Francisco County; (iii) entirely by telephone or videoconference; or (iv) based solely on written submissions (documents only arbitration).
To file for arbitration, you must pay AAA’s $225 filing fee. If you cannot afford the fee, you may apply to AAA for a fee waiver. The Company shall pay all other fees related to the arbitration, including administration fees, arbitrator fees, and other costs for any arbitration initiated in accordance with this Section 14. If applicable law requires the Company to pay a greater share of such fees and costs, it shall do so. Each party shall bear its own attorneys’ fees and costs, unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose (in which case the arbitrator may award reasonable fees and costs to the prevailing party), or unless applicable law otherwise requires the award of attorneys’ fees.
Notwithstanding any provision in this Agreement to the contrary, if the Company makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to the Company. Information on AAA and how to start arbitration can be found at www.adr.org.
14.4 Class Action and Jury Trial Waiver; Severability of Waivers.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION UNDER THIS SECTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of class, consolidated, or representative proceeding. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY OR BENCH TRIAL IN COURT.
The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable, except that either party may ask a court to determine the validity of the class action waiver in this Section, but only to the extent such right may not be waived under applicable laws.
If the class action waiver in this Section is found to be invalid or unenforceable as to a particular claim, request for relief, or controversy, neither you nor we will be entitled to arbitration as to that claim, request for relief, or controversy, and that claim or request for relief shall be severed and may proceed in a court of competent jurisdiction pursuant to Section 14.7. The remaining claims, requests for relief, and controversies shall continue in individual arbitration. The invalidity of the class action waiver as to any particular claim shall not invalidate the agreement to arbitrate or the class action waiver as to any other claim.
14.5 Exceptions to Arbitration.
Per AAA rules, either party may bring an individual action in small claims court if the claim falls within that court’s jurisdictional limits. Before initiating any dispute in Small Claims Court, Section 14.2 of these Terms of Use still applies. The party initiating such dispute will provide a Notice to the other party of the potential claim and their ability to select between arbitration (pursuant to Section 14.3) or the Small Claims process identified in this section. The informal dispute resolution process will proceed as described in Section 14.2. For clarity, if a claim has been filed with the AAA and a party elects to proceed in small claims court, the AAA Rules shall govern the process for transferring or closing the arbitration case. The informal dispute resolution process in Section 14.2 must be completed before initiating any proceeding under this Section.
These Terms of Use do not preclude either party from seeking emergency injunctive relief in a court of competent jurisdiction pending arbitration or from exercising any rights that cannot be waived as a matter of applicable law (including the right to submit claims to any governmental or regulatory body with jurisdiction).
14.6 Confidentiality.
The parties agree that (1) the arbitration proceeding; (2) any ruling, decision, or award by the arbitrator; and (3) all materials, testimony, and evidence submitted therein shall be kept confidential, except that either party may disclose information as necessary: (a) to prepare for or conduct the arbitration; (b) in connection with a court application for emergency or provisional relief or to confirm or enforce the arbitration award; (c) as required by applicable law, regulation, or order of a court or governmental body; (d) as required by any applicable gaming or regulatory authority; or (e) as reasonably necessary to enforce or protect a party’s legal rights.
14.7 Forum Selection.
If any dispute is determined by a court of competent jurisdiction or by the arbitration administrator to be ineligible for arbitration, or if arbitration of a Dispute is otherwise unavailable or unenforceable, you and the Company agree that any such Dispute shall be filed exclusively in the state or federal courts located in San Francisco County, California, and each party consents to the personal jurisdiction and exclusive venue of such courts. You and the Company each waive any objection to jurisdiction or venue in such courts, including any objection based on inconvenient forum.
14.8 Future Changes to Arbitration Agreement.
Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Section 14 (other than a change to the Notice Address) while you are a user of the Platform, you may reject any such change by sending the Company written notice within thirty (30) calendar days of the change to support@emeraldmyth.com and the Notice Address. Your notice must include your name, the email address associated with your account, and a statement that you reject the change to Section 14. By rejecting any future change, you are agreeing that you will arbitrate any dispute between yourself and the Company in accordance with the version of Section 14 in effect immediately prior to the change. Rejection of a change to Section 14 does not terminate your account or your right to use the Platform.
14.9 Severability and Survival.
If any provision of this Section 14 is found to be unenforceable, the remaining provisions shall remain in full force and effect. Without limiting the foregoing, if any portion of Section 14 is found to be unenforceable, the parties agree that the remaining portions shall continue to apply, and the unenforceable portion shall be construed to the maximum extent permitted by applicable law.
This Section 14 shall survive termination of this Agreement and your use of the Platform.
15. CONSENT TO RECEIVE NOTICES ELECTRONICALLY
You consent to receive electronically any agreements, notices, disclosures, and other communications ("Notices") to which this Agreement refers, including by e mail, posting information online at the Website, or other electronic communication technology that may later be adopted or developed. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing. Please note that your consent to receive notices is separate from any election you make regarding receipt of marketing communications, which is discussed in the Privacy Policy.
16. GENERAL
16.1 Availability.
The Company will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine maintenance/upgrades, and other events outside the Company’s control may, from time to time, cause temporary interruptions. In addition, the Company reserves the right at any time and from time to time to modify or discontinue (temporarily or permanently) certain functions of the Website or Services or the entire Platform, with or without notice.
16.2 No Support or Maintenance.
You acknowledge and agree that the Company has no obligation to provide you with any support or maintenance in connection with the Platform.
16.3 Changes to Terms of Use.
You agree that the Company may modify this Agreement at any time by adding new terms or deleting or amending existing terms. Such modifications will be effective as of the date the updated terms are posted on the Company’s website or through the Platform ("Effective Date"). Your continued access to and use of the Platform after the Effective Date (except for the withdrawal of any funds in your account) constitutes your acknowledgment of those modifications and your agreement to be bound by the modified Agreement. If you do not accept the modification(s), you must stop using the Platform.
16.4 Access and Use Where Prohibited.
Access to and use of the Platform are unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.
16.5 Access and Use from Eligible Locations.
Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Platform are directed solely to individuals located in locations where such services are allowed. The Company reserves the right, in its sole discretion, to limit the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Platform is void where prohibited.
16.6 Miscellaneous.
This Agreement constitutes the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by the Company of any right or power preclude further exercise of that or any other right. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." If any provision of this Agreement is held to be invalid or unenforceable, the other provisions will remain unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to create an employment, partnership, or joint venture relationship between you and the Company. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. If the Company’s performance of this Agreement or any obligation hereunder is prevented, restricted, or interfered with by reason of acts of God or public enemy, acts of government in its sovereign capacity, fires, floods, epidemic, pandemic, public health emergency, strikes, picketing, boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the Company’s reasonable control and without its fault or negligence, the Company shall be excused from such performance on a day to day basis to the extent of such prevention, restriction, or interference. If any part, term, or provision of this Agreement is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion(s) shall be considered severable and not affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the illegal or invalid part.
17. ADDRESS FOR NOTICES & CONTACT INFORMATION
Emerald Myth Studio Limited
Unit 29, 13/F, Fuk Cheong Building, 63 Hoi Yuen Road, Kwun Tong, Hong Kong
Rip Rush support may be reached at: support@emeraldmyth.com