Movga collects both personal and non-personal consumer information. Personal information collected by Movga is discussed below in this section. Non-personal information is discussed below in Section III.
information is information that identifies you and that can be used alone, to contact you on-line or off-line. Movga may collect personal information from our online visitors during:
- Contest registration and prize acceptance;
- Warranty registration and requests;
- Customer support and/or technical service requests;
- Player match up and other head-to-head online competitions;
- Registration for games and/or special game-specific events;
- Newsletter subscriptions, referral services, and other marketing surveys and email campaigns;
- Registration for original and/or other service accounts;
- Creation of a personal profile;
- Product, service and/or subscription orders;
- Service requests from third party service providers on our site;
- Access to our products and/or services on social networks or other third party services; and
- Otherwise through use of our software, mobile or online services where personal information is required for use and/or participation.
Information collected will vary depending upon the activity and may include your name, email address, phone number, home address, birth date, mobile phone number and credit card information. Visitors to Movga Mobile may be asked to provide the name of their mobile service carrier, model of their mobile phone and a valid mobile number so that we may provide purchase instructions directly to their mobile phone. In that context, your mobile number will only be used to send you a text message with a link to download your game and will not be retained for any other purpose. Prizewinners may be required to provide their Social Security or other identification number for tax purposes, and will be used only for prize fulfillment.
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by contacting our customer support team. In the unlikely event that Movga cannot resolve a concern to your satisfaction (or if Movga cannot resolve a concern it has with you after attempting to do so informally), then you and Movga agree to be bound by the following procedure to resolve any and all disputes between us. By accepting these terms, you and Movga expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us ("Disputes"), including without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of your or Movga's (or any of Movga's licensors') intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
- In addition, nothing in this Section shall prevent either party from initiating a small claims court action.
References to "Movga," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision shall survive termination of these Terms of Service.
Informal Negotiations/Notice of Dispute. You and Movga agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). Movga will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: email@example.com.
Binding Arbitration. If you and Movga are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or Movga may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND MOVGA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the CIETAC Arbitration Rules (CIETAC Rules), which are available at the CIETAC website www.cietac.org.cn. The CIETAC Rules shall govern your arbitration fees and your share of arbitrator compensation. If such costs are determined by the arbitrator to be excessive, or if you send Movga a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate arbitration, then Movga will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Movga may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Restrictions. You and Movga agree that any arbitration shall be limited to the Dispute between Movga and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND MOVGA 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and Movga agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Changes to This Provision. Notwithstanding any provision in this Agreement to the contrary, we agree that if Movga makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.