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Terms Of Use

Updated: January 20, 2023

Introduction


Parody Trading, LLC., welcomes all Trading Card Collectors. We are a digital card-trading marketplace, owned and operated by X Group, LLC., and within these Terms of Use (“Terms”) will be referred to as Parody Trading (“Parody Trading,” ‘Parody” ‘PT” “we,” “us”, or “our”). These Terms govern your access to and use of the PT website(s), licensing, our APIs, mobile app (the “App”), and any other software, tools, features, or functionalities provided, or in connection with our services; including without limitation using our services to view, explore, and where permissible, create NFTs and use our tools - at your own discretion - to connect directly with others to collect, purchase, sell, trade, auction or transfer NFTs (collectively, the “Service”). Herein, “NFT” refers to a ‘Non-Fungible Token” and is distributed and accessible on the native myxPay Blockchain which works in association with original TXHash, and IPFS location to authentic and maintain product security.

Pursuant to these Terms, “user”, “you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that, (a) you are an authorised representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 16 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT. BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Note: Parody reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, updating the date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the Terms and conditions that apply when you access or use the Service.



1. Use of the Services


These Services are intended for your personal and business use. By using these Services you acknowledge the following:

  • A. That you are at least 18 years old. However, if you are at least 13 years old but under 18 years old, you may only use our services through a parent or guardian’s Account and with their approval and oversight. The primary account holder is responsible for all actions whilst using the Account. Our services are prohibited to anyone under 13 years old.
  • B. That you represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using these Services. Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organised under the laws of any jurisdiction that is subject to a U.S. Government embargo ("Embargoed Jurisdiction"); (b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organised under the laws of, any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders or authorised representatives is subject to Sanctions, or is located in, ordinarily resident in, or organised under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organised under the laws of, any Embargoed Jurisdiction. You further covenant that the foregoing shall be true during the entire period of this agreement. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.
  • C. That you will be required to open up an account at myxpay.net and link your digital wallet to your Parody account. You agree to use your wallet under the terms and conditions of myxpay. Parody does not operate or maintain your digital wallet, nor does Parody have custody or control the contents of your waller or the ability to retrieve or transfer the contents.
  • D. That Parody accepts no responsibility for, or liability to you, in connection with your use of our services or the digital wallet you use and further, makes no representations or warranties regarding how the Service will operate with your wallet(s). You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact myxpay. Likewise, you are solely responsible for your Account and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account.
  • E. Parody may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Parody, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, Parody may refuse to restore your access to the Service.
  • F. Your access and use of the Service may be interrupted from time to time for any of several reasons, ёincluding, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Parody, in its sole discretion, may elect to take. If your Account becomes inactive for six months or longer, as determined by Parody in its sole discretion, you understand that Parody may disable your Account and reassign your user-name.
  • G. The Service includes its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Parody logo and all designs, Parody NFT products, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Parody or our affiliates.
  • H. Parody’s name, logo, trademarks, and any Parody product or service names, designs, logos, and slogans are the intellectual property of Parody or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any meta-tags, “hidden text” or any other name, trademark or product or service name of Parody or our affiliates without our prior written permission. Note, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Parody and may not be copied, imitated or used, in whole or in part, without our prior written permission.
  • I. All third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFT’s displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Parody.
  • J. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, personal / business license to access and use the Service, including the right to access and display our software, content, and materials as part of the Service, and right to download - where preferred - a copy of the App onto your applicable equipment or device.
  • K. That, Parody as a digital peer-to-peer service does not make any representations or warranties that the content of the Parody site will always remain visible and/or available to be bought, sold, transferred or auctioned. Each user, and NFT owner has at their discretion the sole right to offer for sale, auction, trade or to transfer their NFTs, of which transact only on the myxpay.net site.
  • L. Parody does not have any relationships with any buyers or sellers outside of the Services offered as part of this Terms of Use. Decisions to buy, sell, auction or trade are solely the responsibility of the parties involved.
  • M. In some instances, the Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, we may not warn you that you have left our Service, however, understand you will be subject to the Terms and Conditions (including all other site policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Parody, and may be “open” applications for which no recourse is possible. Parody is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Parody provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
  • N. We reserve the right to take action, with or without advance notice, if we believe you have violated these Terms. This may include: removing the ability to view certain NFTs on the Service or use our Service to interact with the NFTs; disabling the ability to use the Service in conjunction with your wallet provider. As such, you agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You also agree that you will not:
    • i. Use or attempt to use another user’s Account without authorisation from such user;
    • ii. Pose as another person or entity, or use a wallet to engage in a transaction on Parody that is owned or controlled, in whole or in part, by any other person;
    • iii. Claim an Parody username for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting;
    • iv. Distribute spam, including through sending unwanted NFTs to other users;
    • v. Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;
    • vi. Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Parody;
    • vii. Use our Service for commercial purposes inconsistent with these Terms or any other instructions;
    • viii. Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorised by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
    • ix. Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
    • x. Sell or resell the Service or attempt to circumvent any Parody fee system;
    • xi. Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
    • xii. Use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Parody;
    • xiii. Use the Service, directly or indirectly, for, on behalf of, or for the benefit of, (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organised under the laws of, any Embargoed Jurisdiction; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organised under the laws of, any Embargoed Jurisdiction.
    • xiv. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
  • O. You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above.
  • P. By creating a Parody Account, you consent to receive electronic communications from Parody (e.g., via email, push notification, Hola App, SMS). These communications may include notices about your Account (e.g., transactional information), and updates, offers, promotional options, and the ability to communicate with other Parody account holders in a group setting. This secure and private chat service is available through a Third-party provider Hola (privateapp.io).
  • Q. You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use these Services. We do not guarantee that our services (and App) can be accessed and used on any particular device or with any particular service plan. We do not guarantee that our Services will be available in any particular geographic location.
  • R. If you are using our App version of Parody, you acknowledge and agree that these Terms are solely between you and Parody, not any App store. You acknowledge any App store, has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use.
  • S. Parody reserve the right in its sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.


2. Indemnification


  • A. By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Parody, and our respective past, present, and future employees, officers, directors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Parody Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct. You agree to promptly notify Parody of any Claims and cooperate with the Parody Parties in defending such Claims. You further agree that the Parody Parties shall have control of the defense or settlement of any Claims.
  • B. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND PARODY.


3. Disclaimer


  • A. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PARODY EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. PARODY MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. PARODY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PARODY WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE PARODY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, PARODY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE PARODY PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD PARODY RESPONSIBLE FOR ANY BREACH OF SECURITY. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS. NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., MYXPAY BLOCKCHAIN). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN. PARODY AND/OR ANY OTHER PARODY PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS. NO PARODY PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOUR OF SOFTWARE (E.G., WALLET, ETC), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO PARODY PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

    • Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.



4. Assumption of Risk


  • A. You accept and acknowledge:
    • i. The value of an NFT is subjective as is cryptocurrency and is subject to volatility and fluctuations can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
    • ii. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
    • iii. You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Parody is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs.
    • iv. There are risks associated with purchasing items through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
    • v. We do not control the Blockchain that you are interacting or the protocols that may be integral to your ability to complete a transaction. Additionally, blockchain transactions are irreversible and Parody has no ability to reverse any transactions on the blockchain.
    • vi. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Parody will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or Blockchain, however caused.
    • vii. The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
    • viii. If you have a dispute with one or more users, you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.


5. Limitation of Liability


  • A. To the fullest extent permitted by law, you agree that (a) in no event will Parody or its service providers be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or the service, products or third-party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if Parody or its service providers have been advised of the possibility of such damages; or (b) for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms of the delivery, use, or performance of the Service. Access to, and use of, the Service, products or third-party sites, and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
  • B. Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Parody arising out of or in any way related to these terms, the access to and use of the service, content, NFTs, or any Parody products or services exceed the greater of (a) $50 or (b) the amount received by parody for its service directly relating to the items that are the subject of the claim. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.


6. Privacy


  • A. Our Privacy Policy refers to information about how we collect, use, and share personal data about you. By submitting personal data through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure in accordance with this Policy.


7. Dispute Resolution; Arbitration


  • A. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Parody and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties. Parody does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.
  • B. Applicability of Arbitration Agreement. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Parody, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that you or Parody may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.
  • C. Dispute resolution process. You and Parody both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a message / letter describing the nature of your claim and desired resolution to: xGroupsupport@xcompanies.net, Attn: Legal Department. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence arbitration, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.
  • D. Arbitration Rules and Forum. To begin an arbitration proceeding after participating in the dispute resolution process, you must send a letter requesting arbitration and describing your claim to xgroupsupport@xcompanies.net, Subject: Arbitration. The arbitration will be conducted by AAA, a professional alternative dispute resolution provider (adr.org). Each party will be responsible for their respective costs. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • E. Authority of Arbitrator. The arbitrator shall have exclusive authority to act in accordance with their respective rules.


8. Waiver of Jury Trial


  • A. YOU AND PARODY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Parody are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.


9. Waiver of Class Actions and Class Arbitrations


  • A. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE (INCLUDING, WITHOUT LIMITATION) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Parody agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties, including Parody. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in Sheridan, in the State of Wyoming. All other claims shall be arbitrated.
  • B. Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  • C. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Parody.


10. Governing Law and Venue


  • A. These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the State of Wyoming (without regard to conflict of law rules or principles of the State of Wyoming, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth above shall be resolved in the state or federal courts of Sheridan County in the State of Wyoming, United States.


11. Termination


  • A. If you breach any of the provisions of these Terms, all licenses granted by Parody will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.


12. Severability


  • A. If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.


13. Injunctive Relief


  • A. You agree that a breach of these Terms will cause irreparable injury to Parody for which monetary damages would not be an adequate remedy and Parody shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.


14. California Residents


  • A. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.


15. Survival


  • A. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Parody or you. Termination will not limit any of Parody’s other rights or remedies at law or in equity


16. Miscellaneous


  • A. Agreement. These Terms constitute the entire agreement between you and Parody relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Parody, and Parody’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  • B. Reference. The section headings used herein are for reference only and shall not be read to have any legal effect.
  • C. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and Parody agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
  • D. Exceptions. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.