Terms of USE

Terms and Conditions

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PROHIBITED ACTIVITIES

6. USER GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

8. GUIDELINES FOR REVIEWS

9. MOBILE APPLICATION LICENSE

10. SOCIAL MEDIA

11. SUBMISSIONS

12. THIRD-PARTY WEBAPP AND CONTENT

13. ADVERTISERS

14. APP MANAGEMENT

15. COPYRIGHT INFRINGEMENTS

16. TERM AND TERMINATION

17. MODIFICATIONS AND INTERRUPTIONS

18. GOVERNING LAW

19. DISPUTE RESOLUTION

20. CORRECTIONS

21. DISCLAIMER

22. LIMITATIONS OF LIABILITY

23. INDEMNIFICATION

24. USER DATA

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

26. CALIFORNIA USERS AND RESIDENTS

27. MISCELLANEOUS

28. CONTACT US

1. AGREEMENT TO TERMS 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Playmatez , doing business as Playmatez ("Playmatez," “we," “us," or “our”), concerning your access to and use of the http://www.playmatez.io webApp as well as any other media form, media channel, mobile webApp or mobile application related, linked, or otherwise connected thereto (collectively, the “App”). You agree that by accessing the App, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our App so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the App after the date such revised Terms of Use are posted.

The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The App is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this App. You may not use the App in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the App.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, webApp designs, audio, video, text, photographs,and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us orlicensed to us, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and theMarks are provided on the App “AS IS” for your information and personal use only.Except as expressly provided in these Terms of Use, no part of the App and noContent or Marks may be copied, reproduced, aggregated, republished, uploaded,posted, publicly displayed, encoded, translated, transmitted, distributed, sold,licensed, or otherwise exploited for any commercial purpose whatsoever, without ourexpress prior written permission.

Provided that you are eligible to use the App, you are granted a limited license toaccess and use the App and to download or print a copy of any portion of the Contentto which you have properly gained access solely for your personal, non-commercialuse. We reserve all rights not expressly granted to you in and to the App, the Contentand the Marks.

3. USER REPRESENTATIONS

By using the App, you represent and warrant that: 

(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary

; (3) you have the legal capacity, and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside

, or if a minor, you have received parental permission to use the App; (5) you will not access the App through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the App for any illegal or unauthorized purpose; and(7) your use of the App will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).

4. USER REGISTRATION 

You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

5. PROHIBITED ACTIVITIES

You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the App, you agree not to:

Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.

Use any information obtained from the App in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the App in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the App.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.

Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.

Copy or adapt the App’s software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up apart of the App.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the App.

Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise.

Use the App to advertise or offer to sell goods and services.

6. USER GENERATED CONTRIBUTIONS

The App may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the App and through third-party web Apps. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the App, and other users of the App to use your Contributions in any manner contemplated by the App and these Terms of Use.

You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the App and these Terms of Use.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specificperson or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any thirdparty.

Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.

Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, anyprovision of these Terms of Use, or any applicable law or regulation.

Any use of the App in violation of the foregoing violates these Terms of Use and mayresult in, among other things, termination or suspension of your rights to use the App.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the App 

or making Contributionsaccessible to the App by linking your account from the App to any of your socialnetworking accounts, you automatically grant, and you represent and warrant thatyou have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license tohost, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt(in whole or in part), and distribute such Contributions (including, without limitation,your image and voice) for any purpose, commercial, advertising, or otherwise, and toprepare derivative works of, or incorporate into other works, such Contributions, andgrant and authorize sublicenses of the foregoing. The use and distribution may occurin any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafterdeveloped, and includes our use of your name, company name, and franchise name,as applicable, and any of the trademarks, service marks, trade names, logos, andpersonal and commercial images you provide. You waive all moral rights in yourContributions, and you warrant that moral rights have not otherwise been asserted inyour Contributions.

We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the App. Youare solely responsible for your Contributions to the App and you expressly agree toexonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwisechange any Contributions; (2) to re-categorize any Contributions to place them inmore appropriate locations on the App; and (3) to pre-screen or delete anyContributions at any time and for any reason, without notice. We have no obligationto monitor your Contributions.

8. GUIDELINES FOR REVIEWS

We may provide you areas on the App to leave reviews or ratings. When posting areview, you must comply with the following criteria: (1) you should have firsthandexperience with the person/entity being reviewed; (2) your reviews should not containoffensive profanity, or abusive, racist, offensive, or hate language; (3) your reviewsshould not contain discriminatory references based on religion, race, gender, nationalorigin, age, marital status, sexual orientation, or disability; (4) your reviews should notcontain references to illegal activity; (5) you should not be affiliated with competitors ifposting negative reviews; (6) you should not make any conclusions as to the legalityof conduct; (7) you may not post any false or misleading statements; and (8) you maynot organize a campaign encouraging others to post reviews, whether positive ornegative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutelyno obligation to screen reviews or to delete reviews, even if anyone considersreviews objectionable or inaccurate. Reviews are not endorsed by us, and do notnecessarily represent our opinions or the views of any of our affiliates or partners. Wedo not assume liability for any review or for any claims, liabilities, or losses resultingfrom any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right andlicense to reproduce, modify, translate, transmit by any means, display, perform,and/or distribute all content relating to reviews.

9. MOBILE APPLICATION LICENSE

Use License

If you access the App via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application onwireless electronic devices owned or controlled by you, and to access and use themobile application on such devices strictly in accordance with the terms andconditions of this mobile application license contained in these Terms of Use. Youshall not: (1) except as permitted by applicable law, decompile, reverse engineer,disassemble, attempt to derive the source code of, or decrypt the application; (2)make any modification, adaptation, improvement, enhancement, translation, orderivative work from the application; (3) violate any applicable laws, rules, orregulations in connection with your access or use of the application; (4) remove, alter,or obscure any proprietary notice (including any notice of copyright or trademark)posted by us or the licensors of the application; (5) use the application for anyrevenue generating endeavor, commercial enterprise, or other purpose for which it isnot designed or intended; (6) make the application available over a network or otherenvironment permitting access or use by multiple devices or users at the same time;(7) use the application for creating a product, service, or software that is, directly orindirectly, competitive with or in any way a substitute for the application; (8) use theapplication to send automated queries to any webApp or to send any unsolicitedcommercial e-mail; or (9) use any proprietary information or any of our interfaces orour other intellectual property in the design, development, manufacture, licensing, ordistribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either theApple Store or Google Play (each an “App Distributor”) to access the App: (1) thelicense granted to you for our mobile application is limited to a non-transferablelicense to use the application on a device that utilizes the Apple iOS or Androidoperating systems, as applicable, and in accordance with the usage rules set forth inthe applicable App Distributor’s terms of service; (2) we are responsible for providingany maintenance and support services with respect to the mobile application asspecified in the terms and conditions of this mobile application license contained inthese Terms of Use or as otherwise required under applicable law, and youacknowledge that each App Distributor has no obligation whatsoever to furnish anymaintenance and support services with respect to the mobile application; (3) in theevent of any failure of the mobile application to conform to any applicable warranty,you may notify the applicable App Distributor, and the App Distributor, in accordancewith its terms and policies, may refund the purchase price, if any, paid for the mobileapplication, and to the maximum extent permitted by applicable law, the AppDistributor will have no other warranty obligation whatsoever with respect to the

mobile application; (4) you represent and warrant that (i) you are not located in acountry that is subject to a U.S. government embargo, or that has been designatedby the U.S. government as a “terrorist supporting” country and (ii) you are not listedon any U.S. government list of prohibited or restricted parties; (5) you must complywith applicable third-party terms of agreement when using the mobile application,e.g., if you have a VoIP application, then you must not be in violation of their wirelessdata service agreement when using the mobile application; and (6) you acknowledgeand agree that the App Distributors are third-party beneficiaries of the terms andconditions in this mobile application license contained in these Terms of Use, and thateach App Distributor will have the right (and will be deemed to have accepted theright) to enforce the terms and conditions in this mobile application license containedin these Terms of Use against you as a third-party beneficiary thereof.

10. SOCIAL MEDIA

As part of the functionality of the App, you may link your account with online accountsyou have with third-party service providers (each such account, a “Third-PartyAccount”) by either: (1) providing your Third-Party Account login information throughthe App; or (2) allowing us to access your Third-Party Account, as is permitted underthe applicable terms and conditions that govern your use of each Third-PartyAccount. You represent and warrant that you are entitled to disclose your Third-PartyAccount login information to us and/or grant us access to your Third-Party Account,without breach by you of any of the terms and conditions that govern your use of theapplicable Third-Party Account, and without obligating us to pay any fees or makingus subject to any usage limitations imposed by the third-party service provider of theThird-Party Account. By granting us access to any Third-Party Accounts, youunderstand that (1) we may access, make available, and store (if applicable) anycontent that you have provided to and stored in your Third-Party Account (the “SocialNetwork Content”) so that it is available on and through the App via your account,including without limitation any friend lists and (2) we may submit to and receive fromyour Third-Party Account additional information to the extent you are notified whenyou link your account with the Third-Party Account. Depending on the Third-PartyAccounts you choose and subject to the privacy settings that you have set in suchThird-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the App. Pleasenote that if a Third-Party Account or associated service becomes unavailable or ouraccess to such Third Party Account is terminated by the third-party service provider,then Social Network Content may no longer be available on and through the App.You will have the ability to disable the connection between your account on the Appand your Third-Party Accounts at any time. PLEASE NOTE THAT YOURRELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATEDWITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOURAGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make noeffort to review any Social Network Content for any purpose, including but not limitedto, for accuracy, legality, or non-infringement, and we are not responsible for anySocial Network Content. You acknowledge and agree that we may access your emailaddress book associated with a Third-Party Account and your contacts list stored onyour mobile device or tablet computer solely for purposes of identifying and informingyou of those contacts who have also registered to use the App. You can deactivatethe connection between the App and your Third-Party Account by contacting us usingthe contact information below or through your account settings (if applicable). We willattempt to delete any information stored on our servers that was obtained throughsuch Third-Party Account, except the username and profile picture that becomeassociated with your account.

11. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the App ("Submissions") provided by you tous are non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled to the unrestricteduse and dissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in your Submissions.

12. THIRD-PARTY WEBAPP AND CONTENT

The App may contain (or you may be sent via the App) links to other webApps ("Third-Party WebApps") as well as articles, photographs, text, graphics, pictures, designs, 

music, sound, video, information, applications, software, and other content or itemsbelonging to or originating from third parties ("Third-Party Content"). Such Third-PartyWebApps and Third-Party Content are not investigated, monitored, or checked foraccuracy, appropriateness, or completeness by us, and we are not responsible forany Third-Party WebApps accessed through the App or any Third-Party Contentposted on, available through, or installed from the App, including the content,accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of orcontained in the Third-Party WebApps or the Third-Party Content. Inclusion of, linkingto, or permitting the use or installation of any Third-Party WebApps or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leavethe App and access the Third-Party WebApps or to use or install any Third-PartyContent, you do so at your own risk, and you should be aware these Terms of Use nolonger govern. You should review the applicable terms and policies, including privacyand data gathering practices, of any webApp to which you navigate from the App orrelating to any applications you use or install from the App. Any purchases you makethrough Third-Party WebApps will be through other webApps and from othercompanies, and we take no responsibility whatsoever in relation to such purchaseswhich are exclusively between you and the applicable third party. You agree andacknowledge that we do not endorse the products or services offered on Third-PartyWebApps and you shall hold us harmless from any harm caused by your purchase ofsuch products or services. Additionally, you shall hold us harmless from any lossessustained by you or harm caused to you relating to or resulting in any way from anyThird-Party Content or any contact with Third-Party WebApps.

13. ADVERTISERS

We allow advertisers to display their advertisements and other information in certainareas of the App, such as sidebar advertisements or banner advertisements. If youare an advertiser, you shall take full responsibility for any advertisements you placeon the App and any services provided on the App or products sold through thoseadvertisements. Further, as an advertiser, you warrant and represent that youpossess all rights and authority to place advertisements on the App, including, but notlimited to, intellectual property rights, publicity rights, and contractual rights. Wesimply provide the space to place such advertisements, and we have no otherrelationship with advertisers.

14. APP MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the App for violations ofthese Terms of Use; (2) take appropriate legal action against anyone who, in our solediscretion, violates the law or these Terms of Use, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from the App orotherwise disable all files and content that are excessive in size or are in any wayburdensome to our systems; and (5) otherwise manage the App in a mannerdesigned to protect our rights and property and to facilitate the proper functioning ofthe App.

15. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any materialavailable on or through the App infringes upon any copyright you own or control,please immediately notify us using the contact information provided below (a“Notification”). A copy of your Notification will be sent to the person who posted orstored the material addressed in the Notification. Please be advised that pursuant toapplicable law you may be held liable for damages if you make materialmisrepresentations in a Notification. Thus, if you are not sure that material located onor linked to by the App infringes your copyright, you should consider first contactingan attorney.

16. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the App.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS

OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE APP OR DELETE 

YOUR ACCOUNTAND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the App at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our App. We also reserve the right to modifyor discontinue all or part of the App without notice at any time. We will not be liable toyou or any third party for any modification, price change, suspension, ordiscontinuance of the App.

We cannot guarantee the App will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theApp, resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the App at any time or forany reason without notice to you. You agree that we have no liability whatsoever forany loss, damage, or inconvenience caused by your inability to access or use theApp during any downtime or discontinuance of the App. Nothing in these Terms ofUse will be construed to obligate us to maintain and support the App or to supply anycorrections, updates, or releases in connection therewith.

18. GOVERNING LAW

These Terms shall be governed by and defined following the laws of Australia. SportsCurious Society and yourself irrevocably consent that the courts of Australia shallhave exclusive jurisdiction to resolve any dispute which may arise in connection withthese terms.

19. DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any questionregarding its existence, validity or termination, shall be referred to and finally resolvedby the International Commercial Arbitration Court under the European ArbitrationChamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of thisICAC, which, as a result of referring to it, is considered as the part of this clause. Thenumber of arbitrators shall be three (3). The seat, or legal place, of arbitration shallbe Sydney, Australia. The language of the proceedings shall be English. Thegoverning law of the contract shall be the substantive law of Australia.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to utilize class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisionsconcerning binding arbitration: (a) any Disputes seeking to enforce or protect, orconcerning the validity of, any of the intellectual property rights of a Party; (b) anyDispute related to, or arising from, allegations of theft, piracy, invasion of privacy, orunauthorized use; and (c) any claim for injunctive relief. If this provision is found to beillegal or unenforceable, then neither Party will elect to arbitrate any Dispute fallingwithin that portion of this provision found to be illegal or unenforceable and suchDispute shall be decided by a court of competent jurisdiction within the courts listedfor jurisdiction above, and the Parties agree to submit to the personal jurisdiction ofthat court. 

20. CORRECTIONS

There may be information on the App that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the App at any time, withoutprior notice.

21. DISCLAIMER

THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREETHAT YOUR USE OF THE APP AND OUR SERVICES WILL BE AT YOUR SOLERISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP ANDYOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THEAPP’S CONTENT OR THE CONTENT OF ANY WEBAPPS LINKED TO THE APPAND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJANHORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THEAPP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANYCONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOTWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTYTHROUGH THE APP, ANY HYPERLINKED WEBAPP, OR ANY WEBAPP ORMOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO 

THELESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6)MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OFTHE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU MAY HAVE ADDITIONAL RIGHTS.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, and employees, fromand against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of: 

(1)your Contributions; (2) use of the App; (3) breach of these Terms of Use; (4) anybreach of your representations and warranties set forth in these Terms of Use; (5)your violation of the rights of a third party, including but not limited to intellectual

property rights; or (6) any overt harmful act toward any other user of the App withwhom you connected via the App. Notwithstanding the foregoing, we reserve theright, at your expense, to assume the exclusive defense and control of any matter forwhich you are required to indemnify us, and you agree to cooperate, at yourexpense, with our defense of such claims. We will use reasonable efforts to notifyyou of any such claim, action, or proceeding which is subject to this indemnificationupon becoming aware of it.

24. USER DATA

We will maintain certain data that you transmit to the App for the purpose ofmanaging the performance of the App, as well as data relating to your use of the App.Although we perform regular routine backups of data, you are solely responsible forall data that you transmit or that relates to any activity you have undertaken using theApp. You agree that we shall have no liability to you for any loss or corruption of anysuch data, and you hereby waive any right of action against us arising from any suchloss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES

Visiting the App, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provide toyou electronically, via email and on the App, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TOELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an original signature ordelivery or retention of non-electronic records, or to payments or the granting ofcredits by any means other than electronic means.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the California Department ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the App or inrespect to the App constitute the entire agreement and understanding between youand us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operateto the fullest extent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable for any loss,damage, delay, or failure to act caused by any cause beyond our reasonable control.If any provision or part of a provision of these Terms of Use is determined to beunlawful, void, or unenforceable, that provision or part of the provision is deemedseverable from these Terms of Use and does not affect the validity and enforceabilityof any remaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Terms of Use oruse of the App. You agree that these Terms of Use will not be construed against usby virtue of having drafted them. You hereby waive any and all defenses you mayhave based on the electronic form of these Terms of Use and the lack of signing bythe parties hereto to execute these Terms of Use.

28. CONTACT US

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:

Playmatez

support@playmatez.com.au