Welcome to Playmefy! These Terms of service (“Terms”) apply to your access to and use of the website, mobile application and other online products and services (collectively, our “Services”) provided by Playmefy, Inc. (“Playmefy,” “we,” “us” or “our”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, do not access, or use our Services.
Playmefy Terms of service are applicable to the general use and access of the Playmefy website y namely (www.playmefy.com ) herein referred as “Website” or “Site” and Playmefy mobile applications herein referred as “Application” or “Apps”. When these Terms use the term "Organizer," we mean event creators using the Services to create, list or promote events, activities, teams and venues for consumers using our Services (a) to consume information about or attend Events ("Consumers"); or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your."
In this terms: “Terms” refers to this terms of service or the provisions herein; “Site” refers to www.Playmefy”com; “affiliates” refers to sites linked to or are incorporated under domain name Playmefy.com; “user/you” refers to Playmefy.com website and application users whether individually or otherwise; Organizer refers to any Playmefy User or Event provider that organizes an event, activity, team - whether free or paid; “we/our” refers to Playmefy.com; “Additional Agreements” refers any agreements incidental but not contained in these terms.
Covid-19 and other Communicable Diseases Warning:
An inherent risk of exposure to COVID-19, and other communicable diseases, exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death, and other communicable diseases pose severe health risks and dangers as well. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, whether a bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the event, however caused or contracted, and voluntarily waive all claims and potential claims against Playmefy, Event Providers, and their affiliated companies relating to such risks.
Eligibility, Registration and Account
By using our Services, you represent and warrant that: (a) you are 18 years of age, or the legal age of majority where you reside; (b) if you are 13 or older, you are using the Services only and exclusively under the supervision of a parent or legal guardian who manages your use and/or account; (c) you have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services; (d) you will not offer events services from more than one Playmefy account without our express permission; and (e) you have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are under 13 years of age, do not provide your information and do not use the Services without the supervision of a parent or legal guardian who manages and uses your account.
You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as reserving or purchasing a ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar, or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights or violates the Terms of this Agreement. You will have no ownership in your account or your username. We may refuse registration, cancel an account, or deny access to the Site for any reason. Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.
Code of Conduct
You agree that you will comply with all applicable laws, rules, and regulations, and that you will not:
Restrict or inhibit any other person from using the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals based on religion, race, ethnicity, sexual orientation, gender, age, or disability;
Engage in spamming or flooding;
Harvest or collect information about Site users;
Order, or attempt to order, several tickets for an event that exceeds the stated limit for that event;
By creating a Playmefy account, you consent to receive electronic communications from Playmefy (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications.
Through our website and mobile applications, Playmefy provides a sports and recreational engagement platform that offers users and facilities(places) the opportunity to create a profile, create free events, create paid events, pay for events or services organized by event or activity organizers, network with other users, participate in events(activities), organize teams(groups), participate in messaging and feeds, provide and receive coaching, training, recommend users , activities, places and discover talent. Playmefy: (a) does not employ, recommend or endorse any users or Organizers and has no control over the acts or omissions of any users or Organizers; (b) is not responsible or liable in any manner for the performance or conduct of any users, Organizers, or other third parties online or offline; (c) makes no representations or warranties about the quality of the services provided by any user, Organizer, place, or facility, or about your interactions or dealings with other users, Organizers, or other third parties except as expressly stated on our Services; and (d) does not screen users or Organizers or conduct any kind of identity or background checks except as otherwise expressly stated in these Terms or on or in our Services. Regardless of whether Playmefy screens users and Organizers or performs a background check, you should exercise caution and perform your own screening before connecting or meeting with any other user or Organizer through our Services, entering into a contract or agreement with any other user or Organizer or obtaining any services. Playmefy hereby expressly disclaims, and you hereby expressly release, Playmefy from any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to our Services or your interactions or dealings with other users, including any acts or omissions of users online or offline. All use of our Services is at your sole and exclusive risk.
Playmefy Services and obligation
Creating an account, listing an event, and accessing the Services are free. However, we charge commission fees when you sell or buy paid tickets, registrations, and complete bookings. These fees may vary based on individual agreements between Playmefy and certain Organizers. Organizers ultimately determine whether these fees will be passed along to Consumers and absorbed into the ticket price or registration.
Playmefy is not the creator, organizer or owner of the events listed on the Services. Rather, Playmefy provides its Services, which allow Organizers to organize and manage activities, ticketing /registration and promote their events. The Organizer is solely responsible for ensuring that the event meets all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate, timely and satisfactory manner.
All organizers must use Playmefy Payment Processing (“PPP”as defined in the agreement), Playmefy acts as the Organizer's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organizer.
Playmefy may terminate your right to use the Services at any time if: (a) you violate or breach these Terms; (b) you misuse or abuse the Services, or use the Services in a way not intended or permitted by Playmefy; or (c) allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Playmefy to legal liability. Playmefy may choose to stop offering the Services, or any portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Playmefy’s sole discretion, failure to do so would materially prejudice you. You agree that Playmefy will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
Your role and obligations
If you are an Organizer, you represent, warrant and agree that you will: (a) at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) consumers; and (b) at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.
Licenses and Permits Organizers Must Obtain
If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
(b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only request that Playmefy offer tickets to an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and
(d) You and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for organizer to promote, produce, sponsor, host and sell tickets for all events hosted by you or your affiliates on the Services. If you offer event services, the first and all future bookings with Playmefy users must be booked via our Platform. Failure to abide by this policy may result in suspension from our Services.
(e) Without limiting the general nature and terms of any release provided under these Terms of Service, as a material inducement to Playmefy permitting you to access and use the Services, you hereby agree to release Playmefy, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure; and
(f) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Playmefy, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of Playmefy from time to time.
As a Consumer, you acknowledge that Playmefy has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer's personal information shared with Organizers in connection with events) or the ability of any User to perform or actually complete a transaction. Playmefy has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Playmefy requires to provide the Services, that an Organizer chooses to assist with an event, or that you choose to contract with when using the Services
If you are an Organizer, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Playmefy will not be held liable under any circumstances for any costs arising from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Playmefy will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
If you are a Consumer, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Organizer has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Playmefy will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Playmefy will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
Ownership of Content and Grant of Conditional License
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the "Content") are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
Link to any portion of the Site other than the URL assigned to the home page of the Site;
"Frame" or "mirror" any part of the Site;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
Remove any copyright, trademark or other proprietary rights notices contained on the Site;
Use any computer program, bot, robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes (including Concert Cash® and Playmefy Ticket Cash™), promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Access, reload, or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals;
Reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site or the Content;
Reproduce or scan tickets in a format or medium different from that provided by the Site;
Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site;
Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose;
Use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.
Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos, and service marks in any way without our prior written permission.
Please review our Purchase policy which (in addition to these Terms) will govern your purchase of any tickets or other products through the Site, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code, or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site.
You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.
If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
You will not use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.
You may use our Services to schedule events(activities). Any events scheduled through our Services must be rescheduled, completed, or cancelled within one year of the creation date.
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change, or update payment information associated with your Playmefy account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your events or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice.
Events are subject to availability, and we reserve the right to cancel all or part of a events session and to discontinue making certain events services available through our Services without prior notice.
Refunds and Exchanges
Before purchasing tickets, carefully review your event. Policies set forth by Event Organizers generally prohibit us from issuing exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by the Event Organizer, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets are subject to immediate cancellation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
Playmefy event or activity purchases are nonrefundable. But there are two exceptions. We will refund the ticket price if the event or activity is cancelled and you notify us within 2 days after the event or activity date or when the order was charged multiple times in error and you request a refund within 7 days of purchase. Refunds will be for the entire purchase amount.
Occasionally, events are canceled or postponed. Should this occur, the event organizer will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed events, please check the event discussion group for up to date information regarding event cancellation or reschedule.
If an event is canceled prior to the event date, and you purchased your ticket through our service, we will investigate and issue you a refund to the credit card, debit card, gift card or the method of payment used to make your purchase provided you notify us within 2 days after event date.
If the event is moved, postponed, or rescheduled, the Event Provider may set refund limitations. If you are unable to make the new event date and refunds have been approved by the Event Provider, you will receive a refund.
We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. We do not endorse the products or services listed at this website.
Access from Outside the United States
The Site is targeted to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
Rules for Sweepstakes, Contests and Games
In addition to these Terms, sweepstakes, contests, games, or other promotions (collectively, "Promotions") made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion.
Our Services may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social “widgets” (collectively, “Third-Party Content”). Playmefy does not own, control, or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Playmefy is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on our Services does not imply affiliation, endorsement, or adoption by Playmefy of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. Playmefy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on our Services. When you navigate away from or otherwise leave our Services, you should understand that Playmefy’s terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or services to which you navigate to from our Services.
User Content and Interactive Areas
Our Services include interactive areas and features (“Interactive Areas”) such as reviews, message boards, blogs, feeds, social media links and other forums found on the Site (collectively, "Forums"), that allow you or other users to create, post, share or store text, photos, videos, and other materials (collectively, “User Content"). In the event you decide to share your User Content with others through our Services or third-party platforms, you understand that this User Content will be viewable by others. You are solely responsible for your User Content and for your use of any Interactive Areas.
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content.
You will not post, upload to, transmit, distribute, store, create or otherwise publish or send through our Services any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading, or otherwise objectionable.
User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright, or other proprietary right of any party;
User Content that contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
User Content that contains personal information about any person, including, without limitation, names, addresses, email address, or credit card information, without that person’s permission;
User Content that impersonates or misrepresents your affiliation with any person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Viruses, corrupted data or other harmful, disruptive, or destructive files or content; or
User Content that, in the sole judgment of Playmefy, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Services, or which may expose Playmefy or its users to any harm or liability of any type.
Statements, opinions, and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.
You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that: (a) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section; and (b) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor's parent or legal guardian.
We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests. If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
Playmefy does not control, take responsibility for, or assume liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage to such User Content. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of our Services and the Interactive Areas and use them at your own risk.
Rights to User Content
Playmefy claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and Playmefy. However, if you submit or post User Content to our Services, unless Playmefy indicates otherwise, you grant Playmefy a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully-paid up, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in any media format and channel now known or later developed without compensation to you, including in connection with Playmefy’s marketing and promotional activities. You further grant Playmefy and Playmefy’s sublicensees the right to use the name that you submit in connection with User Content if they choose.
By submitting or posting User Content to our Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content on our Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with our Services, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.
Acceptable Use of Our Services
Your use of our Services will not violate any law, contract, intellectual property, or other third-party right or constitute a tort, and you are solely responsible for your conduct while on our Services. You will not:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
Attempt to indicate in any manner that you have a relationship with Playmefy or that Playmefy has endorsed you or any services for any purpose unless Playmefy has provided written permission to do so;
Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;
Attempt to reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Services (except as otherwise expressly permitted by law);
Access, use or attempt to access or use another's account without authorization from such user and Playmefy;
Develop any third-party application that interacts with User Content or our Services without Playmefy’s prior written consent;
Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided or authorized by Playmefy to access out Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via our Services;
Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
Assumption of Risk
You assume all risks when using our Services, including all the risks associated with interactions with other users. You agree to take all necessary precautions when interacting with other users.
Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or Playmefy (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of Playmefy. Playmefy will own, and you hereby assign to Playmefy, all right, title, and interest, including all intellectual property rights, in and to such Feedback, and Playmefy will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Playmefy to confirm such assignment to Playmefy.
You will defend, indemnify and hold harmless Playmefy, its independent contractors, service providers and consultants, and it and their respective shareholders, members, directors, officers, employees, representatives and agents (collectively, “Playmefy Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: (a) your access to or use of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services.
Modifications to Our Services
Playmefy reserves the right to modify or discontinue, temporarily or permanently, our Services, or any features or portions thereof, without prior notice. You agree that Playmefy will not be liable for any modification, suspension or discontinuance of our Services, or any part thereof.
Copyright and Limited License
Unless otherwise indicated in writing by us, our Services and all content and other materials on our Services, including the Playmefy logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of Playmefy or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
Subject to these Terms, you are granted a limited, nonexclusive, nontransferable, non-sub licensable license to access and use our Services and Service Materials. However, such license is revocable at any time and does not include any right to: (a) sell or resell our Services or the Service Materials; (b) collect and use any service listings, pictures or descriptions; (c) distribute, publicly perform or publicly display any of the Service Materials; (d) modify or otherwise make any derivative uses of our Services or the Service Materials, or any portion thereof; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of our Services, the Service Materials or any information contained therein, except as expressly permitted by Playmefy in writing; or (g) use our Services or the Service Materials in violation of these Terms or for any purposes other than their intended purposes. Your right to use our Services and the Service Materials is conditioned upon your use of our Services and the Service Materials in accordance with these Terms. Accordingly, any use of the Services or the Service Materials other than as specifically authorized in these Terms, without the prior written permission of Playmefy, will automatically terminate the license granted above. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except for the license granted above, no additional rights are granted and nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Notwithstanding anything to the contrary in these Terms, our Services and the Service Materials may include software components provided by Playmefy or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
“Playmefy,” the Playmefy logos and any other product or service name or slogan contained on our Services are trademarks of Playmefy and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Playmefy or the applicable trademark holder.
You may not use any metatags or any other hidden text utilizing “Playmefy” or any other name, trademark or product or service name of Playmefy without Playmefy’s prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Playmefy and may not be copied, imitated or used, in whole or in part, without Playmefy’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Playmefy.
Claims of Copyright Infringement on the Site
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to [email protected] . There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.
Violation of these Terms
We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy, and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content, and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.
You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales, and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine, and that if you, or others acting with you, request more than 1,000 pages of the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of Fifty cents ($0.50) for each page request or reserve request made during that 24-hour period which exceeds those limits.
Disclaimer of Warranties
We provide the site and the content to you "as is" and "as available." we try to keep the site up, bug-free, and safe, but you use it at your own risk. To the fullest extent permissible by law, and to the extent that applicable law permits the disclaimer of express or implied warranties, we disclaim all warranties, express or implied, including any warranty of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or warranties that may arise from course of dealing or course of performance or usage of trade. We do not guarantee that the site will always be safe, secure, or error-free, or that the site will always function without disruptions, delays, or imperfections. We are not responsible for the actions or information of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.
Limitation of Liability
In no event will we or our event providers, suppliers, advertisers and sponsors, be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, incidental, special or consequential damages of any type, and any rights to have damages multiplied or otherwise increased, arising out of, related to, or in connection with the site, the content, or any product or service purchased through the site, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort, or other legal or equitable theory. Without limiting the foregoing, you expressly acknowledge and agree that we will have no liability or responsibility whatsoever for: (a) any failure of another user of the site to conform to the codes of conduct; (b) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access to and use of our site; (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (d) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature which may be transmitted to or through our site; (e) any errors, mistakes, inaccuracies or omissions in any content; or (f) any lost, stolen or damaged tickets, or the failure of a venue to honor a ticket. Your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. The limitations in this section will apply even if any limited remedy fails of its essential purpose. The allocation of risk between us is an essential element of the basis of the bargain between us. Our aggregate liability arising out of these terms or the use of the site will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. In no event will attorneys' fees be awarded or recoverable. Our liability will be limited under this paragraph to the fullest extent permitted by applicable law, and the provisions of this paragraph will not apply to the extent applicable law permits the recovery of damages, attorneys' fees or costs otherwise prohibited under this paragraph. The provisions of this paragraph that: (a) prohibit damages to be multiplied or otherwise increased; (b) impose a damages limitation of the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months; and (c) prohibit the recovery of attorneys' fees and costs, do not apply in certain states, including without limitation new jersey, to claims brought under statutes permitting such recovery.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PLAYMEFY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
33.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Sections 10, 20 and 22 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Playmefy agree: (a) to waive your and Playmefy’s respective rights to have any and all Disputes arising from or related to these Terms, our Services or the products and services available on our Services, resolved in a court; and (b) to waive your and Playmefy’s respective rights to a jury trial. Instead, you and Playmefy shall arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
33.2. No Class Arbitrations, Class Actions or Representative Actions
You and Playmefy agree that any Dispute arising out of or related to these Terms, our Services or the products and services available on our Services is personal to you and Playmefy and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Playmefy agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Playmefy agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
33.3. Federal Arbitration Act
You and Playmefy agree that these Terms affect interstate commerce and that the enforceability of this Section will be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
33.4. Notice; Informal Dispute Resolution
You and Playmefy agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Playmefy will be sent by certified mail to 5655 Lake Acworth Dr. Suite 110.Acworth, GA. 30101-7323 USA. Your notice shall include: (a) your name, postal address, telephone number, the email address you use or used for your Playmefy account and, if different, an email address at which you can be contacted; (b) a description in reasonable detail of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include: (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute; (y) a description in reasonable detail of the nature or basis of the Dispute; and (z) the specific relief that we are seeking. If you and Playmefy cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Playmefy may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding or, to the extent specifically provided for in Section 31.1, file a claim in court.
Except for Disputes arising out of or related to a violation of Sections 10, 20 and 22 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Playmefy agree that any Dispute must be commenced or filed by you or Playmefy within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Playmefy will no longer have the right to assert such claim regarding the Dispute). You and Playmefy agree that: (a) any arbitration shall occur in Acworth, Georgia; (b) arbitration shall be conducted confidentially by a single arbitrator in accordance with the rules of JAMS which are hereby incorporated by reference; and (c) that the state or federal courts of the State of Georgia and the United States, respectively, sitting in Atlanta, Georgia, shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in Cobb County, Georgia, the venue and personal jurisdiction of which you hereby consent and agree. Such small claims action may only proceed if the Dispute meets the requirements to be heard in small claims court.
33.6. Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator shall have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable; and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
33.7. Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website (www.jamsadr.com). By agreeing to be bound by these Terms, you either: (a) acknowledge and agree that you have read and understand the rules of JAMS; or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
33.8 Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 19 by writing to:5655 Lake Acworth Dr. Suite 110.Acworth, GA. 30101-7323 USA. To be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 33.4.
Applicable Law and Venue
These Terms and your use of our Services will be governed by and construed in accordance with the laws of the state of Georgia, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 33 (including all subsections) does not apply, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in and for Acworth, Cobb County, Georgia and United States, which s hall be the exclusive venue and jurisdiction over any such actions, and you hereby irrevocably and unconditionally consent and submit to the exclusive venue, personal and subject matter jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Playmefy reserves the right, without notice and in its sole discretion, to terminate your right to access and use our Services and to block or prevent your future access to and use of our Services.
Changes to These Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
If any provision of these Terms will be deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Notice for California Users
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834-1924, or by telephone at (800) 952-5210.
These Terms constitute the entire agreement between you and Playmefy relating to your access to and use of our Services and your order, receipt and use of products or services made available through our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without the prior written consent of Playmefy. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Playmefy’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. 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.
Questions & Contact Information
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:5655 Lake Acworth Drive, NW, ACWORTH, United States, GA 30101 or email [email protected]
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.