Last Modified: June 25th, 2019
Welcome, and thank you for your interest in Play Versus, Inc. (“PlayVS,” “we,” “our,” or “us”). This page explains the terms and conditions by which you may use our website, http://www.playvs.com (our “Website”) and our related software and online and/or mobile services provided on or in connection with our Website (collectively with the Website, the “Service”). These Terms of Service (this “Agreement”) apply to all visitors, users, and others who access or use the Service (“Users”).
You acknowledge and agree, as provided in greater detail in this Agreement, that:
- The Service is licensed and not sold to you;
- Your use of the Service may be subject to separate third-party terms of service and fees, including without limitation the terms of service of videogame publishers and streaming platforms, which are your sole responsibility;
- The Service is provided “As Is,” “As Available,” and “Where Available” and without warranties of any kind and PlayVS’s liability to you is limited;
- PlayVS reserves the right to modify this Agreement in its sole discretion and will provide notice of these changes as described below; and
- as provided in section 17, This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. The PlayVS Service
As part of the Service, PlayVS provides a platform that allows Users to participate in electronic sports (“esports”) leagues on teams affiliated with their schools (“PlayVS Scholastic Leagues”). Certain PlayVS Scholastic Leagues are supported by state interscholastic associations.
2. Use of the PlayVS Service
The Service allows Users to register for PlayVS Accounts (as defined below) to participate in PlayVS Scholastic Leagues. You must be at least 13 years of age to create a PlayVS Account and use the Service, and you must use the Service only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use of or access to the Service by anyone under thirteen (13) years of age is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by PlayVS.
2.2 Use by Minors.
If you are a User over thirteen (13) years of age, but under eighteen (18) years of age (a “Minor”), you may only use or access the Service with the consent of, and under the supervision of, an individual who has the capacity to form a binding contract and who has parental responsibility over you, whether as a parent, guardian or otherwise (a “Parent”). If you are a Parent, you represent and warrant, by you or your Minor downloading, accessing, or otherwise using the Service, that you: (i) have read and agree to the terms and conditions of this Agreement on your and your Minor’s behalf; and (ii) that you give your consent to your Minor’s use of the Service. Any access or use of the Service by a Minor without the consent and supervision of their Parent is strictly prohibited and in violation of this Agreement. If you are a Minor opening a PlayVS Account (as defined below), then “you” as used herein (unless context requires otherwise) includes both you and your Parent.
2.3 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by this Agreement and the features of the Service. PlayVS reserves all rights not expressly granted herein in the Service and the PlayVS Content (as defined below). PlayVS may terminate this license at any time for any reason or no reason.
2.4 Changes to the Service
We may, without prior notice and without liability to you: (i) change the Service; (ii) stop providing the Service or features of the Service, to you or to Users generally; or (iii) create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any or no reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2.5 Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. PlayVS shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2.6 Service Location
The Service is controlled and operated from facilities in the United States. PlayVS makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
3. PlayVS Accounts
3.1 Account Registration.
To access and use the Service and participate in the PlayVS Scholastic Leagues, you must register for an account on the Service (“PlayVS Account”). When creating your PlayVS Account, you must provide accurate and complete information, and you must keep this information up to date – any failure to do so may result in the termination of your PlayVS Account. To the extent permissible by applicable law, PlayVS reserves the right to accept or deny any Users’ registration for a PlayVS Account for any or no reason.
3.2 PlayVS Scholastic League Requirements.
If you wish to participate in a PlayVS Scholastic League, then you must register with PlayVS as either a student competing in PlayVS Scholastic Leagues (a “Student”) or a coach, supervisor or other faculty member who supervises Students’ participation in PlayVS Scholastic Leagues (“Faculty”) using the features and functionalities of the Service.
3.2.1 Faculty Accounts and Verification
Faculty may register for PlayVS Accounts (“Faculty Accounts”) to interact with and manage the Students from the Faculty’s school who wish to participate in PlayVS Scholastic Leagues on the Faculty’s team. To be Faculty and register for a Faculty Account, you: (a) must designate yourself as Faculty at the time of your registration for your Faculty Account and identify your school affiliation, (b) must not be a Minor or a Student, and (c) must be an employee of the school the Students on your team attend. PlayVS may require you to furnish evidence of employment with the school that is satisfactory to PlayVS, as determined by PlayVS at its sole discretion.
Once you submit your registration for a Faculty Account, you will undergo verification of your identity, your educational and professional affiliations, and such other criteria that may be determined by PlayVS at its sole discretion (such process, the “Faculty Verification Process”). The Faculty Verification Process usually takes up to thirty (30) business days; however, PlayVS will not be liable to you for any delay or failure by PlayVS to complete the Faculty Verification Process. PlayVS reserves the right to accept or reject your registration to be Faculty for any or no reason, including any failure of PlayVS to verify you through the Faculty Verification Process.
If you are approved for a Faculty Account, PlayVS may provide you notice of approval. Any User who has been approved by PlayVS for a Faculty Account will be able to exercise certain options to determine the participation of Students in the PlayVS Scholastic Leagues on behalf of the Faculty’s and the Students’ school, including, without limitation, verifying that the Student attends the school and adding and removing Students to the roster for the Faculty’s team. Faculty will also be solely responsible for their Students’ compliance with, and enforcing, any requirements imposed by, the Faculty’s and the Students’ school, including, but not limited to, any academic eligibility requirements; provided however, that PlayVS reserves the right to remove any Students from a Faculty’s and school’s team roster for the Students’ failure to comply with any school requirements, the terms and conditions of this Agreement, or for any other reason that PlayVS may determine at its sole discretion, with or without notice to the Faculty or the Student. PlayVS disclaims any and all liability arising from any Student’s removal from a Faculty’s and school’s team roster or the Service.
Without limiting any other provision in this Agreement, Faculty shall be solely responsible for their interactions on the Service with other Users (including Students and other Faculty) and PlayVS shall have no liability arising out of or relating to any Faculty’s actions on the Service.
3.2.2 Student Accounts
To access and use the Service and participate in PlayVS Scholastic Leagues as a Student, you must register for a PlayVS Account as a Student (a “Student Account”) by identifying yourself at the time of registration as a Student and identifying your school affiliation. PlayVS reserves the right to require you to provide proof of enrollment in your identified school in any method and manner as may be determined by PlayVS at its sole discretion.
Once approved for a Student Account by PlayVS, you will not be able to participate in a PlayVS Scholastic League on behalf of your school unless and until Faculty– through their Faculty Account – verifies that you attend the school you represent you attend at the time of registration and adds you to the Faculty’s and school’s team roster for the applicable PlayVS Scholastic League. By creating a Student Account, you acknowledge and agree that PlayVS shall have no liability for your denial or removal from any team roster.
PlayVS may also deliver to Students, through their Student Accounts, login credentials (“Provider Credentials”) to access and use services provided by PlayVS’s providers of the esports leagues (“esports Providers”). Only the Student who has received the Provider Credentials through their Student Account may use the Provider Credentials provided to them to access and use the applicable esports Provider’s services, and any unauthorized use of the Provider Credentials by any other person or entity shall be a material breach of this Agreement. Any access and use of the services provided by the esports Providers will be subject to Section 11 of this Agreement. Upon the termination of the Student’s Student Account by either the Student or PlayVS, the Student shall discontinue all use of and destroy any Provider Credentials it may have in its possession or control.
3.2 Entity PlayVS Account Registration.
If you open a PlayVS Account on behalf of a school, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
3.4 PlayVS Account Responsibility and Controls.
You may never use another User’s PlayVS Account without permission. You are solely responsible for the activity that occurs on your PlayVS Account, and you must keep your PlayVS Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your PlayVS Account. You must notify PlayVS immediately of any breach of security or unauthorized use of your PlayVS Account. PlayVS will not be liable for any losses caused by any unauthorized use of your PlayVS Account.
By providing PlayVS your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages or want to otherwise amend or control your PlayVS Account, you may email us at firstname.lastname@example.org. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
By connecting to PlayVS with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
4.1 PlayVS Scholastic Leagues Rules.
Any Users participating in the PlayVS Scholastic Leagues must adhere to the rules of the applicable PlayVS Scholastic League (the “League Rules”). The League Rules can be found at http://help.playvs.com/collections/1790963-rulebooks and may be changed by PlayVS at any time and for any or no reason.
4.2 PlayVS Service Rules.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the PlayVS servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that PlayVS grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service 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); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Additionally, accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the PlayVS Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
5. User Content
Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
We claim no ownership rights over User Content created by you. The User Content you create remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. PlayVS has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to PlayVS a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and PlayVS’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
- Your User Content and PlayVS’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- PlayVS may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
PlayVS takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that PlayVS shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
6. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “PlayVS Content”), and all Intellectual Property Rights related thereto, are the exclusive property of PlayVS and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any PlayVS Content. Use of the PlayVS Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PlayVS under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PlayVS does not waive any rights to use similar or related ideas previously known to PlayVS, or developed by its employees, or obtained from sources other than you.
The Service contains data, information, and other content not owned by you, such as reputational or status indicators in-world currency, and/or fictional property representing virtual achievements (for instance, trophies or powers) (“PlayVS Property”). You understand and agree that regardless of terminology used, PlayVS Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at PlayVS’s sole discretion. PlayVS Property is not redeemable for any sum of money or monetary value from PlayVS at any time. You acknowledge that you do not own the PlayVS Account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of PlayVS on PlayVS servers, including without limitation any data representing or embodying any or all of your PlayVS Property. You agree that PlayVS has the absolute right to manage, regulate, control, modify and/or eliminate PlayVS Property as it sees fit in its sole discretion, in any general or specific case, and that PlayVS will have no liability to you based on its exercise of such right. All data on PlayVS’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, PlayVS Account history and PlayVS Account content residing on PlayVS’s servers, may be deleted, altered, moved or transferred at any time for any reason in PlayVS’s sole discretion, with or without notice and with no liability of any kind. PlayVS does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on PlayVS’s servers.
7. Paid Services
By using the Service, you agree to the pricing terms at https://www.playvs.com/pricing as we may update them from time to time. In order to participate in PlayVS Scholastic Leagues, you must have internet access and provide us with accurate, complete, valid and current payment information (and update that information from time to time as needed to keep it current). Fees are due and payable on a per-season basis and become due when you sign up for a season of play in a PlayVS Scholastic League. Users may be required to provide a credit card, debit card, or other similar payment method (“Payment Method”) in order to create a PlayVS Account and use the Service. We will automatically charge your Payment Method for fees when due, and you hereby authorize PlayVS to bill such fees and applicable taxes to your Payment Method. If there is no Payment Method associated with your PlayVS Account, we will send you an invoice for the fees due, which you must pay within thirty (30) days of your receipt. You acknowledge that the amount billed may vary due to promotional offers and changes in applicable taxes, and you authorize us to charge your Payment Method or invoice you for the corresponding amounts. Any amounts not paid on time in accordance with this paragraph will bear interest at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less.
You may cancel your PlayVS Account, or your participation in a particular PlayVS Scholastic League season, at any time; however, after the season begins pro-rata refunds or credits are discretionary as determined by us in our sole discretion. To cancel, email us at email@example.com . If we suspend or terminate your PlayVS Account for your breach of this Agreement, even if that termination or suspension occurs before the relevant season has begun, you understand and agree that you will not receive a refund for any portion of the Service.
PlayVS uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10. DMCA Notice
Since we respect artist and content owner rights, it is PlayVS’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify PlayVS’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit PlayVS to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Play Versus, Inc.
Address: 1447 2nd Street, Suite 200
Santa Monica, CA 90401
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying PlayVS and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with PlayVS’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, PlayVS has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. PlayVS may also at its sole discretion limit access to the Service and/or terminate the PlayVS Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. Third-Party Materials and Services
You agree to defend, indemnify and hold harmless PlayVS and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your PlayVS Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
13. No Waranty
The Service is provided on an “as is,” “as available,” and “Where Available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from PlayVS or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, PlayVS, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
14. Special Disclaimer for Third Party Service Providers
Although PlayVS operates the Service and the platform that allows Users to participate in esports competition, no gameplay for the esports competition and no broadcasting of the gameplay takes place on the Service. Instead, all gameplay and broadcasting occurs on services offered by our third-party partners and service providers, including without limitation the videogame publishers and broadcasting platforms that we have partnered with to allow you to compete and stream your gameplay. Accordingly, PlayVS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service (including without limitation any of the games or broadcasting services), and PlayVS will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
15. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall PlayVS, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will PlayVS be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your PlayVS account or the information contained therein.
To the maximum extent permitted by applicable law, PlayVS assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall PlayVS, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to PlayVS hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if PlayVS has been advised of the possibility of such damage.
16. Exclusions Only as Allowed by Applicable Law
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES AND EXCLUSIONG OR LIMITATOIN OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATION OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
17. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
17.1 Governing Law.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from PlayVS. For any dispute with PlayVS, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that PlayVS has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Los Angeles, California, unless you and PlayVS agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing PlayVS from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights. 3. Class Action/Jury Trial Waiver.With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and PlayVS are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlayVS without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
8.2 Notification Procedures and Changes to the Agreement.
PlayVS may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Website, as determined by PlayVS in our sole discretion. PlayVS reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. PlayVS is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. PlayVS may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
18.3 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PlayVS’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
18.4 Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with PlayVS in connection with the Service, shall constitute the entire agreement between you and PlayVS concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
Please contact us at email@example.com with any questions regarding this Agreement.
18.6 California Residents.
The provider of the Service is Play Versus, Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.