TERMS OF SERVICE

Last Revised: November 13, 2024

INTRODUCTION

PumpingGames ("PumpingGames", "we", "our", or "us") provides the online streaming platform located at https://pumping.today, including all of its webpages and subpages (the "Website"), and software we allow users to download to your smartphone (each, a "Mobile Application"). Through our Website and Mobile Application (together, our "Platform") we offer subscriptions to access our library of videos and podcasts (our "Content") and our other materials to Platform users like you. These Terms of Service (these "Terms") are a legal agreement between you and woder4change governing your access to and use of the Platform. For information regarding how PumpingGames uses your information, please see our https://pumping.today/PrivacyPolicy.

BY CREATING AN ACCOUNT, VIEWING CONTENT, MAKING A PURCHASE FROM THE STORE, DOWNLOADING pumpinggames BRANDED MOBILE APPLICATIONS, OR OTHERWISE USING OR VISITING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A CLASS ACTION WAIVER. SEE SUBSECTION 14.4 BELOW FOR MORE INFORMATION.

You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. To register an Account with pumpinggames, you must be 18 years or over. If you are between the ages of 16 and 18, you will only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any use or access to the Platform by individuals under the age of 16 (or equivalent minimum age in the jurisdiction where you reside) is strictly prohibited and is a violation of these Terms.

1. Accounts and Registration.
You may be required to create a pumpinggames user account (your "Account") in order to access and use certain features of the Platform. To do so, you must provide an email address and a valid payment method. You may log into your Account to use the Platform using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to pumpinggames about yourself upon registration of your Account, and at all other times, will be correct, current, and complete, and you further agree that you will maintain and promptly update such information to ensure that it remains correct, current, and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. pumpinggames reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify pumpinggames immediately at [email protected]. pumpinggames is not liable for any loss or damage arising from your failure to comply with the above requirements.

2. Permitted Purpose.
Subject to these Terms, pumpinggames grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to
3. Limitations.
You expressly agree that you are solely responsible for any and all acts and omissions that occur through your use of the Platform, and you agree not to engage in any unacceptable uses of the Platform. In connection with your access to or use of the Platform, you shall not:
4. Mobile Applications.
You acknowledge and agree that the availability of a Mobile Application is dependent on the third party websites from which you download the Mobile Application, e.g., the App Store from Apple or the Android Google Play from Google (each an "App Store"). You acknowledge that these Terms are between you and pumpinggames, and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Applications from it. You agree to comply with, and your license to use the Mobile Applications is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than or otherwise conflict with these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

5. Pricing and Payment.

5.1. Subscriptions.
For a recurring fee, you may stream the Content made available to you on our Platform an unlimited number of times during the subscription period for which you have paid. We may add or remove Content from the Platform at any time. To purchase a subscription to the Platform, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If we provide you access to any Content on a free basis, such access will be deemed a "purchase" for the purpose of this Agreement. pumpinggames may change its subscription models and pricing at any time. We will provide you with notice of such changes.

5.2. Billing and Payment.
pumpinggames will bill your designated payment method for all fees. You will provide pumpinggames with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, pumpinggames reserves the right to terminate your use of, or access to, the Platform in addition to seeking any other legal remedies. pumpinggames is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by pumpinggames. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Platform.

5.3. Discounts.
pumpinggames may, from time to time, offer discounted subscriptions (including introductory pricing). If we provide a discount for the first subscription period, you must pay the discounted fee for that subscription period; in any renewal, you must pay the then-current fee for the renewal subscription term.

5.4. Automatic Renewal.
To the extent permitted by applicable law, **subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. To pause or cancel a subscription, visit your Account settings. Your changes will be applied to your next subscription period. Prior to your annual subscription renewing, you will receive an email to the email address associated with your Account informing you of the date that your subscription will be renewing. For monthly subscribers, you will receive an e-mail if your monthly subscription is renewing for a 12th month, and thereafter on an annual basis.

By signing up for a subscription, you acknowledge that your purchase of the subscription:

You may cancel your subscription at any time by going to the "Settings" page, selecting the "Subscription" tab, and selecting "Change or Cancel."

5.5 Lifetime Subscriptions.
A pumpinggames "Lifetime" subscription plan is a limited offer that allows you to access the Platform and stream the Content for as long as the Platform is available and supported, subject to termination as set forth in these Terms. If you sign up for a Lifetime subscription, your Lifetime subscription will provide you access with the types of Content (e.g., pumpinggames Classes, pumpinggames Podcasts, pumpinggames Originals) available at the time of the purchase only. New types of Content may be subject to new subscription fees. For example, if pumpinggames introduces pumpinggames Short Stories (just a thought!), your Lifetime subscription may not cover access to this new type of Content. Purchases for Lifetime subscription plans will be clearly indicated as such on the sign up page and in the order confirmation. pumpinggames may stop issuing new lifetime subscriptions at any time. You may not assign Lifetime subscription plans to any other person (including in the event of your death). Although pumpinggames anticipates that the Platform access you purchase will remain available and supported for many years to come, pumpinggames makes no warranties as to the expected lifetime of its services, and in purchasing under a Lifetime subscription plan, you acknowledge and agree that the pumpinggames Platform could change or terminate in the future. Lifetime subscriptions are non-cancellable and non-refundable and are otherwise subject to all other terms and conditions in these Terms.

5.6. In-App Purchases:
pumpinggames may allow you to purchase subscriptions within our Mobile Application(s). When you make such "in-app" purchases, you will be billed by the applicable App Store, not us. To turn off automatic renewal for subscriptions, access your App Store's account settings (not pumpinggames's). Any billing inquiries should be directed to the App Store. pumpinggames subscriptions may be canceled via the Website only by direct subscribers. If you subscribe to the Platform via a third-party, e.g., Roku or AppleTV, cancellation must be completed through the third party.

6. Online Store.

6.1. Product Descriptions and Availability.
Through the Store, you can purchase products ("Products") from store fronts for many of pumpinggames's content creators ("Creators"). All features, content, specifications, and prices of Products described or depicted on this Platform are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual color you see will depend on your device, and we cannot guarantee that your device will accurately display such colors. The inclusion of any Products on this Platform at a time does not imply or warrant that these Products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Platform.

6.2. Payment.
We accept payment through those methods identified on the Platform. By placing an order, you represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Platform at the time of your order. If the billing information you provide is false or fraudulent, we reserve the right to terminate your use of, or access to, the Platform, in addition to seeking any other legal remedies.

6.3. Ordering.
Your order is an offer from you to us to buy the Product(s) in your online cart. After you place an order, you will receive an email from us confirming we have received it. Our official acceptance of your order takes place when we email you to confirm we've dispatched your Product(s). At this point, a contract for the purchase and sale of such Product(s) is formed between us. When we acknowledge your order, we will provide you an order number which can be used to track your order and contact us for customer support.

7. Third parties; Advertisers.

7.1. Third Party Sites.
The Platform may contain links to other websites operated by third parties ("Third Party Sites"). Such Third Party Sites are not under our control. pumpinggames provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites. Your use of these Third Party Sites may be subject to separate terms and conditions and is at your own risk.

7.2. Advertisers and Marketers.
Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Platform, including payment for or delivery of such goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that pumpinggames shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.

8. Suspension and Termination.
pumpinggames reserves the right to suspend or terminate your Account and your access to and use of the Platform, at any time, without notice. pumpinggames reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that pumpinggames shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.

9. Ownership and Intellectual Property.

9.1. Rights in the Platform.
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Platform are owned by pumpinggames and our affiliates, licensors, and vendors. Your access to or use of the Platform does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. pumpinggames and our affiliates and licensors and vendors reserve all rights not granted in these Terms.

9.2. Rights and Licenses to the Content.
We may allow you to "download" Content to watch or listen to offline, but you are not permitted to save that Content anywhere outside of the Platform. You may not copy, duplicate, distribute, modify, publicly display, download, republish, store, send, or create derivate works from any material on the Platform, including without limitation any Content, without pumpinggames's written consent. You must have a license from us before you can post or redistribute any portion of the Platform.

9.3. Rights and Licenses to the Platform.
pumpinggames retains full and complete title to all Content, including any downloadable software and all data that accompanies it. You may not modify the Platform, create derivative works of the Platform, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Platform that would reveal any source code, trade secrets, know-how or other proprietary information. Nothing in these Terms shall be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Platform. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded, embodied, or displayed in connection the Platform.

9.4. Termination of Rights and Licenses.
You may use the Platform only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Platform after any termination or expiration of your agreement to these Terms for any reason.

10. Disclaimers of Warranty.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND. pumpinggames EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY pumpinggames, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.

pumpinggames MAKES NO WARRANTY THAT ACCESS TO THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE CONTENT WILL BE AVAILABLE, OR THAT DATA WILL BE SECURE FROM UNAUTHORIZED ACCESS.

11. Indemnity.
You shall indemnify, defend, and hold pumpinggames and its affiliates, and each of their officers, directors, employees, agents, partners, and licensors harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys' fees, resulting from or arising out of your: (a) violation of these Terms or any law or regulation; (b) violation of any applicable law or regulation; or (c) violation of any rights of another party. pumpinggames reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify pumpinggames and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without pumpinggames's prior written consent. pumpinggames will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

12. Limitation of Liability.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL pumpinggames BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF pumpinggames HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE PLATFORM, FROM ANY CHANGES TO THE PLATFORM, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS.

IF YOU ARE DISSATISFIED WITH THE PLATFORM OR WITH ANY OF THESE TERMS, OR FEEL pumpinggames HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM. THE TOTAL LIABILITY OF pumpinggames TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PLATFORM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IT IS THE INTENTION OF YOU AND pumpinggames THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND IN PARTICULAR WITHIN THIS SECTION 12 SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

13. Copyright Infringement.

13.1. Claims of Copyright Infringement.
pumpinggames has adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the service provider's designated agent. Notification must be submitted to the following:

Service Provider: pumpinggames
Name: Legal Department
Email: [email protected]

13.2. Notice of Infringement.
To be effective, the notification must be a written communication that includes the following:
13.3. Takedown Notices.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on our Platform, email to the email address associated with your Account, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

14. General.

14.1. Modification.
pumpinggames may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Platform after the "Last Revised" date at the top of these Terms. Your continued access to or use of the Platform after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Platform.

14.2. Restricted Users.
You may not create an Account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.

14.3. Governing Law.
These Terms shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.

14.4. Dispute Resolution.
If you believe that pumpinggames has not adhered to these Terms, please contact us by e-mail at [email protected]. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
14.5. Compliance with Laws.
You acknowledge that the Platform is not specifically designed to facilitate compliance with any specific law, rule, or regulation. Your use of the Platform in compliance with any specific law, rule, or regulation applicable to you is your sole responsibility. pumpinggames is not responsible for enabling your compliance with any such law, rule, or regulation or for your failure to comply. You represent and warrant to pumpinggames that your use of and access to the Platform will comply with all applicable laws, rules, and regulations and will not cause pumpinggames or any of its affiliates, licensors, or vendors to violate any applicable laws, rules, and regulations.

14.6. International Use.
pumpinggames controls and operates the Platform from the state of New York. pumpinggames does not represent that the Platform or any materials on the Platform are appropriate or available for use in other locations outside of the United States. Persons who choose to access the Platform from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission or transfer of any data or technical information in connection with your access to or use of the Platform.

14.7. Survivability.
Sections 3, 9, 10, 11, 12, 13, and 14 will survive any expiration or termination of these Terms.

14.8. Contact.
pumpinggames is located in New York, NY. Any questions, comments, or suggestions, including any report of violation of these Terms should be provided pumpinggames as follows:
By Email: [email protected]

14.9. Entire Agreement.
These Terms constitute the entire agreement between you and pumpinggames with respect to the Platform, superseding any prior agreements between you and pumpinggames. The failure of pumpinggames to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and pumpinggames nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.