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Title: PWND
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Release Date: 20 Jul, 2017
What the developers have to say:
Why Early Access?
&Our core game is great, but we’re looking for trial-by-fire feedback from battle hardened veterans to forge the ultimate weapon you burn to wield. Every character, map, game mode and feature we add should be tested and beaten until it gleams. Tell us what you love and what you hate: we want all of it. A team of video game veterans made PWND great, but with a team of thousands we can craft a masterpiece. Join us, and together we will PWN the Earth!&
Approximately how long will this game be in Early Access?
&As long as it takes! Could be 3 months, could be a year. We really won’t know until we’ve traveled this path together and mutually feel it’s ready. Fret not, we are committed to seeing this through and have more content coming in September and October.&
How is the full version planned to differ from the Early Access version?
&More characters, more maps, more game modes and hopefully some amazing things that we create together! Share your thoughts on the questions below so we can get this party started...
New Characters: what should they be? How do you play the game, what abilities would you like to see, and how can that influence our character designs?
New Maps: We’d love to see how people play the game as we lay them out. So let us know what you like and don’t like about the first batch of maps, so we can adjust as we make new ones.
Game Modes:
We’ve got some new ones brewing, but nothing would benefit more from your feedback to make them great.
New Features: Are there new features we haven't thought of, that could make this the best arena shooter? We need player feedback to hone in on anything we're missing!&
What is the current state of the Early Access version?
&PWND currently has four characters, three maps, single player Challenge Mode, Practice Mode, and plenty of loot including skins, PWN Stamps and custom PWN animations. A new character and new map will be dropping in mid-late September. The core gameplay for public matches is complete, and we've taken a first pass at balance and skill-ranked matchmaking. Work has begun on a party system (in first release now) and other social systems. It's a pretty solid game at this point, but it needs more love before leaving Early Access.&
Will the game be priced differently during and after Early Access?
&Honestly? We’re not sure. Final pricing after Early Access will depend on many factors. It certainly won’t go down from the Early Access price, and early players will get something unique and special when we leave the Early Access cocoon.&
How are you planning on involving the Community in your development process?
&We aim to engage daily with players via Discord, Steam forums, and Facebook. Our goal is to respond to anyone who has a question, thought, suggestion, or point of view about the game. Give us feedback, and some nice rewards may come your way! We're also working with a number of top notch Influencers, and players will get a chance to play with/against them throughout Early Access (more bragging rights!).&
Recent updates
18 October, 2017
SCARE 'EM OUTTA THEIR SKIN!!Get in the Halloween Spirit with NEW Costume Skins for all your favorite PWND Characters! Complete the spooky ensemble with a festive weapon skin, and leave a fearsome mark in your wake with a Halloween PWN Stamp- it's a gift that keeps on scaring. IT'S TOURNAMENT TIME! PWND wouldn’t be PWND without an intense, no-holds-barred competition for a badass title and taunting rights- it’s what PWNing’s all about!! In a world where life is free, honor is everything. The NEW Tournament mode makes league set up easy, so team up and blast your way to the top of a Stack…or be PWND to the bottom.How does it work? Leaders generate two codes (one per team), then distribute the codes to the players on their respective teams. Players input the code in game, and are placed in the lobby with their teammates.The Tournament Setup is as Follows:o
Game Mode is Team PWNo
Two teams of 3 playerso
Matches are played on randomly selected mapso
Score to Win is 80 pointsWant to win, brag, and maybe get some PWND swag? Then find the PWND League channel on Discord
and join the mayhem! MORE CHALLENGES! Take your talent with the ladies to another level with NEW Challenge Modes for Ito and Vex!! Train both of them into tiptop shape with 10 different challenges and unlock two Exclusive PWN Stamps for each as a reward. Don't PWN alone! Winning is easiest and most fun with friends. Why not trick them into joining your league team by giving them PWND as a treat? *wink wink*
19 September, 2017
NEW CHARACTER: Vex- A Deadly Cyber Ninja! Meet Vex, a hardcore gamer turned cyber ninja assassin due to a disaster involving a top-secret experimental VR game. Petabytes of gamer knowledge overloaded her psyche, and she’s now trapped in the video game world unable to distinguish it from reality. Vex dominates her enemies, imbued with the strength and skills of the assassin she played in the game. Vex is reliant on speed and melee attacks, and her unusual strengths give her an ethereal quality. She can teleport with her SAVE CRYSTAL to surprise an enemy, and before they can react a GRAPPLE HOOK has pulled them in close for a deadly CYBER SABER strike. To protect herself from enemy payback, Vex uses her Phase ability to soften the blow of heavy fire and avoid projectiles- even shields can’t contain this minx! NEW LEVEL: The Pit- An Underground Quarry!
The Pit is a PWNer’s dream!! There’s no better place to hold a PWND Tournament than this sketchy underground quarry brimming with toxic waste. Adrenaline pumping danger lurks at every turn in this high-octane arena full of long corridors, endless obstacles, and multiple floors and platforms. Explosive-happy PWNers will find all the chaos they crave here, so revel in The Pit and fire off your rockets! How did PWND League organizers find this gem? Well, each LAZER-US respawn pod generates trace amounts of toxic byproduct, which Maintenance workers collected and dumped into The Pit. League location scouts stumbled on the nuclear sludge splattered quarry during a routine search, and when doing the site inspection they saw limitless hazards and fell in love with the place. Only the finest PWND arenas would reek this much of reckless danger.
CUSTOM MATCH: Choose your Friend or Foe! Which of your friends has better PWNing skills than you? Maybe you’re a badass,
and just haven’t had a chance to prove it yet. Match up with any friends you choose by playing with them in a Custom Match. It’s not necessary to play 3 vs. 3 anymore, yet it changes up the fun more when you Party up with two friends then queue up with a randomly selected enemy- you never know what you’ll get. The options with Custom Match are endless, just don’t forget about the rest of us because we want to PWN with you too! Customize Your Character With Virtual Currency!Now you can now use the virtual currency (pwnd credits) you’ve PWND hard to earn! No need to wait for Loot Crate surprises, just shop in the Customize store for those fly character or gun skins that you’ve had your eye on. Leave a mark behind that will haunt your foe and buy a rare PWN Stamp- show PWNing pride!!
Master Challenge Mode With Splice!Have you raced Hank in Challenge Mode so much you could do the obstacles in your sleep? Now you can ramp up your skills with Splice too! If you can leap around with ease at great speed here, then you’ll surely become a PWN Master in the arena and defeat your enemies. Your Feedback Helps
PWND is still in early access, so there are plenty of fixes coming. We still want to hear your feedback, and it matters to us! If you see a problem, please tell us either in the feedback or support-bugs channel on Discord, or send a message to: . We are here to help. Our goal is for everyone to have such a great time playing PWND that all their friends to join the fun too!Build Notes:-New Character (Vex)-New Level (The Pit)-Custom Match-Buy Things with Earned VC -New Challenge Mode- Splice-Party Fixes-General Fixes
Report bugs and leave feedback for this game on the discussion boards
“Pwnd is by far the fastest paced shooter I have played in a long time. It echoes games like CS: GO, Unreal Tournament, and of course, Quake Arena.”“Hilariously over-the-top and thrillingly addicting, PWND is a crazy shooter game that combines rocket arena-style combat with “excessive celebration.” This game is as enjoyable as it is obnoxious, and it unapologetically encourages every player to be a bad loser and a shameless winner”“Overwatch and Quake had a baby called PWND”
Price Annihilation
PWND GAMING PC GIVEAWAY CONTESTS
Contest 1: Most PWNsWednesday Aug 30th 6:00pm Pacific - 7:59pm PacificWinner announced Aug 31st at 12:00pm (noon) PacificContest 2: Most Revives Thursday Aug 31st 6:00pm Pacific - 7:59pm PacificWinner announced Sep 1st at 12:00pm (noon) PacificContest 3: Most Damage Dealt Friday Sep 1st 6:00pm Pacific - 7:59pm PacificWinner announced Sep 2nd at 12:00pm (noon) PacificContest 4: Best Kill Death RatioSaturday Sep 2nd 6:00pm Pacific - 7:59pm PacificWinner announced Sep 1st at 12:00pm (noon) PacificContest 5: Most PWNS Sunday Sep 3rd 6:00pm Pacific - 7:59pm PacificWinner announced Sep 1st at 12:00pm (noon) PacificFull rules will be posted on the pwnd website before the first contest begins, and things are subject to change.
About This Game
PWND is set in an impressively jaded future (fact or fiction?), where mass-market cloning exists and the most popular sport in the world is rocket arena combat… jump, kill, humiliate, repeat. Welcome to a future where the spectacle of fiery gib-deaths no longer satisfies the hungry, salivating audiences of flabby flesh bags watching from home. Fortunately the sport of PWND has rocketed to the rescue, entertaining luddites of tomorrow with spectacular displays of corpse defiling domination.In PWND, the kill is just the beginning. In order to score, you must pwn by performing a close range victory dance on your downed opponents. But be careful! You’re completely vulnerable during your victory dance, so make sure your team’s got your back or you'll find yourself on the wrong end of a pwn stack. Situational awareness and team communication are critical for pulling major PWNage. Teamwork becomes ever more important as the stakes get higher and higher over the course of a match. Experiment with different combinations of characters to find the perfect combination of skills and abilities for your crew.Included in your PWND purchase:3 multiplayer maps designed for death-defying vertical combat.4 characters with unique play styles and diverse strengths and weaknesses New character and map coming in September!20 Single Player Challenge Mode Levels to hone and tone your PWN skillz. Pay to Win? F-that! Winning is up to you. The only thing we sell is stuff for looking good...Founders of Treyarch (that Call of Duty company).Veterans from Armored Warfare, The Evil Within, Borderlands 2: Mister Torgue’s Campaign of Carnage, Sorcery, and many more. Leading YouTubers, Twitch Streamers, and your favorite purveyors of gaming culture.PWND is designed to be the fastest f-ing FPS in existence, where every match is a rocket-jumping blur of high-altitude action. Each character has their own set of skills for you to master on the road to victory.
The action doesn't stop when your opponent is crawling and wheezing their last pitiful breath. What fun is that? Big scores come from the PWN, a display of weaponized disrespect atop prone opponents. Rub it in, but be careful: strategy and teamwork are required lest you lose the war.Swagger baby, it’s all about smooth buttery style in this throwdown town. Collect PWN stamps, skins, and gear to keep it fresh. A badge of pride for you, a mark of shame for your competitors. VanossGaming, TheSyndicateProject, H20 Delirious, DaithDeNogla, Smii7y, Ms_Vixen, GoldGlove, MiniLadd, Miss Mae, and dozens more are playing PWND. What’re you waiting for? Join the party!
Lonely baby? Don’t worry, we’ve got you covered with Challenge Mode with 20 themed levels for some quality alone time.Want more pwning? Don't worry slick. We're dropping content like it' check it...
System Requirements
Minimum:Requires a 64-bit processor and operating systemOS: Windows 7 64-bitProcessor: Intel Core2 Quad Q8200 | AMD Athlon 64 X2 Dual Core 5000+ (or equivalent)Memory: 3 GB RAMGraphics: GTX470 1GB VRAM or R7 260X or equivalentNetwork: Broadband Internet connection
Recommended:Requires a 64-bit processor and operating systemOS: Windows 10 64-bitProcessor: i5-4670K or betterMemory: 8 GB RAMGraphics: GTX670 2GB VRAM or R9 380 2GB VRAM or betterNetwork: Broadband Internet connection
PWND(R) (C) 2017 Skydance Interactive, LLC. All Rights Reserved.
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View mobile websitePWND(R) End User License AgreementEffective as of March 20, 2017Acceptance of AgreementWelcome to the PWND(R) game and the PWND(R) platform (the “Platform”), operated by Skydance Interactive, LLC, a Delaware limited liability company (“Skydance”, “we” or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively, this “Agreement”), govern your access and use of the Platform, including without limitation your use of the PWND(R) client software (the “Game”). Please read this Agreement carefully before you start to use the Game and Platform. By clicking &I accept& below and/or using the Platform, you accept and agree to be bound and abide by this Agreement and the Privacy Policy found at
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You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and that you will not post any User Contributions that:Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or othPromote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexuaInfringe any patent, trademark, trade secret, copyright or other intellectual property or other rightsViolate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under Applicable Law or that otherwise may be in conflict with this Agreement or the Privacy PPromote any illegal activity, or advocate, promote or assCause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, harass, alarm or anImpersonate any person, or misrepresent your identity or affiliation with any person or organization or is otherwise intended or likely tInvolve commercial activities or sales, such as contests, sweepstakes and other sales promotions, b and/orGive the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Skydance, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform. Promotional ActivitiesBy registering an Account with the Platform, you agree that Skydance and our affiliates and service providers may display your username, likeness/avatar, gameplay data and statistics, tournament records and any other information that regarding your gaming activity, and you allow the Platform to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional, marketing or related purposes without compensation or consent. Monitoring and EnforcementWe have the right to:Remove or refuse to post any User Contributions for any or no reason inTake any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for SDisclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or thTake appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the P and/orTerminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of this Agreement.Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE SKYDANCE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Copyright InfringementWe respect the intellectual property rights of others and request that users of the Platform respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend or terminate a user’s access to and use of the Platform if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Platform in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act: (i) provide your physical or
(ii) identify the copyright work that you believ (iii) identify the item in the Platform that you think is infringing your work and include sufficient information about where the material is lo (iv) provide us a way to contact you, such as your address, phone num (v) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, and (vi) provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.Skydance’s Copyright Agent:
Additional Terms and ConditionsAdditional terms and conditions may apply to specific portions, services or features of the Platform including, without limitation, certain in-Game policies. All such additional terms and conditions are hereby incorporated by this reference into this Agreement.Social Media FeaturesIf the Platform provides certain social media features, for example, that enable you to display/embed, link to or share certain content, you may use these features solely as they are provided by us, solely with respect to the content they are displayed with, for your personal, non-commercial use and otherwise in accordance with the applicable third party service’s terms and conditions. Links to Third Parties and AdvertisingIf the Platform and/or Game contains links to other services provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to from the Platform, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such third-party services. The Platform and/or Games may also incorporate third-party technology that enables advertising which may be downloaded temporarily to your personal computer and replaced during online game play. You agree that Skydance and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address.Geographic RestrictionsSkydance is based in the United States. We make no claims that the Platform or any of its content is lawful, accessible or appropriate outside of the United States. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.Disclaimer of WarrantiesYOUR USE OF THE GAME, THE PLATFORM, ACCOUNTS AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE SKYDANCE NOR ANY PERSON ASSOCIATED WITH THE SKYDANCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE SKYDANCE NOR ANYONE ASSOCIATED WITH THE SKYDANCE REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY CONTENT OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE SKYDANCE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.Limitation on LiabilityIN NO EVENT WILL THE SKYDANCE, ITS AFFILIATES, RELATED PARTIES, ITS ADVERTISERS OR SPONSORS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY SITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER SITES OR ANY PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.IndemnificationYou agree to defend, indemnify and hold harmless Skydance, its affiliates, related parties, advertisers and sponsors, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Platform including, but not limited to, your User Contributions, any use of the Platform’ content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Platform.Arbitration Agreement1. Skydance, including its affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined below) between you and Skydance, regarding any aspect of your relationship with Skydance, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Skydance agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Skydance, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any and all claims between you and Skydance in any way related to or concerning this Arbitration Agreement, any other aspect of this Agreement (including their applicability and their conformance to applicable law), any products or services provided by Skydance, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (a) each of you and Skydance retains the right to sue in small claims court and (b) each of you and Skydance may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such act all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and Skydance also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Skydance (see paragraph 6 below). There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages). This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of this Agreement.2. Any arbitration between you and Skydance will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this Arbitration Agreement. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Skydance cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of Skydance and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at . The Consumer Arbitration Minimum Standards are available at . The arbitrator is bound by the terms of this Agreement. If either you or Skydance wants to arbitrate a claim, you or Skydance must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Platform to which the Notice relates, and the relief requested. Your Notice to Skydance must be sent by mail to Skydance Interactive, Attention: Arbitration Notice of Dispute, 1661 Lincoln Blvd, Santa Monica, CA 90405. Skydance will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at . In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to Skydance at the address listed above to which you sent your Notice of Dispute. 3. You and Skydance acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND SKYDANCE 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, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) Skydance will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 (c) the arbitrator may award any individual relief or individual remedies that are permitt and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 5 below. JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against Skydance, you and Skydance acknowledge and agree to abide by the following: (i) If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), Skydance will pay the filing fee on your behalf or reimburs (ii) If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but Skydance will reimburse the filing fee if you prevail on all claims decided up (iii) Skydance and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. Skydance will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS R and (iv) Skydance and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.4. Regardless of how the arbitration proceeds, each of you and Skydance shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.5. Each of you and Skydance may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if Skydance failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Skydance’s highest settlement offer, then Skydance will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Skydance wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order Skydance to pay any monies to or take any actions with respect to persons other than you, unless Skydance explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless Skydance expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. 7. You and Skydance agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order. 8. With the exception of subpart (a) in paragraph (3) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (3) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against Skydance must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.Governing L Jurisdiction Use of the Platform, including, without limitation, any purchases made through the Platform, and any controversy, claim or dispute arising out of or relating in any way to your use of the Platform, this Agreement and/or products purchased through the Platform shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules. Any claim or cause of action you may have with respect to Skydance or the Platform must be commenced within one (1) year after the claim or cause of action arose. Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.Class Action WaiverBoth you and Skydance waive the right to bring any controversy, claim or dispute ARISING OUT OF OR RELATING in any way to your use of the Platform or purchases through the PLATFORM as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. Waiver and SeverabilityNo waiver by Skydance of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Skydance to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise expressly provided herein, if any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. Entire AgreementThis Agreement and the Privacy Policy and any other required participation documents, including, without limitation, any tournament rules and regulations, constitute the sole and entire agreement between you and Skydance with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. Your Comments and ConcernsAll feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: .Related DocumentsPrivacy Policy:}