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Signed in as:
filler@godaddy.com
TERMS FOR PLAYEK LLC
Effective Date: April 1, 2024
These terms are a legal agreement between Playek LLC, on behalf of itself and its subsidiaries and affiliates ("Playek LLC," "us," "our," and "we") and you and, if applicable, the entity or person on whose behalf you are entering into these terms (also referred to as "your").
Please read these terms ("Terms") carefully. By clicking the box and/or using this website, www.playek.com ("Website"), you agree to be bound by these Terms. If you do not agree with these Terms, please do not click the box, access this website, or distribute information.
We recommend that you print or otherwise download and save a copy of these Terms for your records, as well as any future versions of them, as we may update them from time to time. You can download a printable copy of these Terms.
For any website viewing from or in the UK and EU or any non-US countries, please refer to the International Terms and Conditions for Playek.
Important Note
Please read carefully:
•This website contains confidential and proprietary information intended solely for viewing. It is provided for the purpose of evaluating Playek’s business proposition and may not be reproduced, redistributed, or disclosed in whole or in part without the express written consent of Playek LLC.
•The information contained herein is privileged and confidential and is protected by applicable laws. Any unauthorized disclosure, copying, distribution, or reliance on the contents of this presentation is strictly prohibited and may result in legal action.
•By accessing or reviewing this website, you agree to maintain the confidentiality of its contents and to use it solely for the purpose of evaluating a potential business relationship with Playek LLC. Any dissemination of this information to third parties without prior written consent is expressly prohibited.
•This confidentiality notice shall remain in effect indefinitely, regardless of whether a business relationship is established between the parties.
•Any distribution of a Pitch deck, application, website, business cards, emails, text messages, etc. is intended for evaluation purposes only and does not constitute an offer or solicitation.
Playek LLC reserves the right to modify or update this information at any time. ©️ 2024 Playek. All rights reserved.
Receipt of any form of information /media not limited to: presentations, emails, verbal communication, SMS communication, etc. constitutes acceptance of these terms and conditions.
Additionally, by accessing or using any information received via email, website, application, or other services provided by Playek LLC, you acknowledge and agree to abide by the terms and conditions outlined herein. Thank you for your attention to this matter. Please pay special attention to sections: "Arbitration," "Exclusions and Limitations of Liability," "Indemnification," and "Disclaimers." These provisions limit liability and affect how disputes are resolved, including by arbitration without any right to a jury trial. California residents, for more information on your rights under the California Consumer Privacy Act ("CCPA"), please review the "Additional Disclosures for California Residents" section of our Privacy Policy.
If, for any reason whatsoever, you do not agree to these Terms or do not wish to be bound by them, you must not access or use our Website.
1. OUR DETAILS
Playek LLC operates the Website and sells goods and services.
Playek LLC is a California limited liability company.
Our contact email address is support@playek.com.
2. YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITE USING YOUR DEVICE
You must ensure that any persons who access our Website on your computer(s) or device(s), or who are permitted or able to access our Website on your computer(s) or device(s), are aware of these Terms and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms. If, for any reason whatsoever, such persons do not agree to these Terms or do not wish to be bound by them, they must not access or use our Website, and you must not permit them to do so.
3. OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITE
We provide this Website to you subject to these Terms as well as:
4. CHANGES TO THESE TERMS
We reserve the right to update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website and/or all purchases of any good or service thereafter.
If you use the Website or make a purchase after we post a revised version of these Terms, your use/purchase will be governed by the revised terms. You can find out whether these Terms have been revised since your last visit to this Website by looking at the effective date at the top of these Terms.
You must check these Terms each time you access our Website to ensure that you are aware of the terms that apply to you at that time.
5. YOUR ACCOUNT DETAILS
Access to and use of certain functionalities and features of the Website may require you to register for a user account ("Account") with us. If you decide to register an Account with us, you will provide us certain information to create and access your Account. You agree to provide us with accurate, complete, and current information about yourself during Account registration and at all other times, including, without limitation, when you place an order, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any product purchase. You agree to keep your log-in information confidential and not to authorize any third party to use your Account. You agree that you will not solicit, collect, or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at support@playek.com if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.
6. OWNERSHIP OF MATERIAL ON OUR WEBSITE
All trademarks, service marks, trade names, logos, copyright, and other intellectual property rights in our Website and its contents, features, and functionality are either owned by us or licensed to us. All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law intellectual property laws, and all rights are reserved. Any use of the Website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The trademarks, service marks, trade names, logos, and other branding owned by third parties and used or displayed on or via our Website (collectively, "Third Party Mark(s)") may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or on or via the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any third-party marks that are used or displayed on the Website
7. RELIANCE ON INFORMATION AND CONTENT
Our Website is made available to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not warrant the accuracy, completeness, or usefulness of this information. This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The content on our Website is not intended to be construed as advice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
8. CONTENT ON OUR WEBSITE
The content on our Website is provided for your personal, private, and non-commercial use only. You may print or share the content from our Website for lawful personal, private, and non-commercial purposes. You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or distribute the content of our Website without our prior written consent, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
9. PROHIBITED USES OF OUR WEBSITE
You must not, without our prior written consent, access, interfere with, damage, or disrupt in any way our Website or any part of it, our systems, any of our hardware or equipment, or any networks on which our Website is hosted, any software that we use to create or modify the Website or to make the Website available to you, or any hardware, equipment, network, server, software, or technology owned or operated by us or any third party.
You must use our Website for lawful purposes only and in accordance with these Terms. You must not use our Website:
- For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national, or international.
- For any fraudulent purposes whatsoever.
- To conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with, or market to anyone any goods, services, or business not authorized by us.
- To upload, host, or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs, or any other harmful programs or code which could adversely affect the use or operation of the Website, our hardware or systems, or the computers, tablets, phones, or other devices of any users or other third parties, or to upload any content or materials containing any such content.
- To communicate with, exploit, harm, or attempt to harm minors in any way.
- To engage in any other conduct that restricts or inhibits anyone's use of enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.
- In any way or for any purpose that breaches these Terms or the terms of any of the documents these Terms refer to.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
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Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
10. GEOGRAPHIC RESTRICTIONS
The Website is provided for users in the United States. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Website will be appropriate for users in other countries or states. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
11. LINKS TO OTHER WEBSITES
Links to third-party content or websites may appear on our Website from time to time. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We are not responsible for the content of any websites accessible via any link(s) on our Website ("Linked Sites"). We do not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites. Linked Sites are governed by their own terms of use and privacy policies. You may need to use or obtain additional products or services in order to use the Linked Sites, such as a mobile device, internet access, and a data connection. You must obtain or use these products or services separately and pay all associated charges (including for internet access or other data transmission). All content on Linked Sites is outside of our control, and we do not represent or warrant that such content is related to us or our Website, suitable, or appropriate for use or viewing, lawful, or accurate.
12. CALLS AND/OR TEXT MESSAGES
By providing us with your phone number (including as part of your account), you agree to receive text messages and/or calls from us and/or our agents/affiliates, including via automated means, including via automatic telephone dialing system and/or artificial or prerecorded voice, for any purpose, including but not limited to marketing and service-related messages. You do not need to provide such consent as a condition of receipt of any good or service; in which case, do not provide us your phone number. You may opt-out at any time.
Message and data rates may apply. The frequency of calls/text messages that we send to you depends on your transactions with us. Any charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an "as is" basis and may not be available in all areas at all times. Each text message will provide you instructions on how to opt-out. In response to any request to opt-out, you may receive a message confirming you have opted-out.
13. PRODUCT RESTRICTIONS
There may be instances where, due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to allow you to download our application. We shall not be held liable in relation to any product/service that we are unable to allow you to download, sell or deliver to you as a result of such restrictions. In the event that a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable.
14. ARBITRATION
You agree that any and all claims arising from or relating to these terms or any good or service provided by Playek (Playek LLC) to you and/or the person or entity you represent shall be subject to binding arbitration under the Federal Arbitration Act ("FAA"). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, us, and/or others providing or receiving any product or service related to these terms or your purchase(s) or transaction(s) with us. However, at the election of any party, any claims subject to the jurisdiction of a small claims court are not required to be arbitrated, nor are claims for injunctive relief to protect intellectual property rights.
A single arbitrator shall decide all claims and shall render a final, written decision. You may choose the American Arbitration Association ("AAA"), JAMS, or other similar arbitration service provider acceptable to us to administer the arbitration. Consistent with the FAA, the appropriate AAA rules, JAMS rules, or other service provider rules shall apply, as determined by the arbitrator. For AAA and JAMS, these rules are found at www.adr.org and www.jamsadr.com.
Each party to the arbitration shall pay its own costs of arbitration, unless otherwise required by the relevant arbitration rules. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules.
The parties waive any right to bring representative claims on behalf of a class of individuals or entities or on behalf of the general public (the "class action waiver"). The arbitration provision may be severed or modified if necessary to render it enforceable. For example, if a California court determines that this class action waiver is not enforceable to the extent it prohibits any right to public injunctive relief, if any, all other claims subject to arbitration shall be arbitrated under this provision, with a court to decide any claim for public injunctive relief.
15. EXCLUSIONS AND LIMITATIONS OF LIABILITY
We do not exclude our liability to you where it would be unlawful to do so. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
Subject to the foregoing, in no event shall we (including our parents, subsidiaries, affiliates, officers, directors, members, employees, or agents) under any circumstances whatsoever be liable to you for any loss, damage (whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise), costs, expenses, liabilities, or penalties, whether in contract, tort, breach of statutory duty, or otherwise, whether foreseeable or unknown, arising from, in connection with, or relating to:
- Your use of our website;
- Any corruption or loss of data;
- Any inability to access our website, including, without limitation, any interruptions, suspension, or withdrawal of our website (for any reason whatsoever);
- Any use you make of any content or materials on our website, including any reliance you make on such content or material;
- Any loss of savings, profits, sales, business, or revenue;
- Any loss of reputation or goodwill;
- Any loss of savings;
- Any loss of a chance or opportunity; or
- Any other secondary, consequential, or indirect losses.
Even if we have been advised of the possibility of such loss or damage, you assume and shall be liable for the entire cost of all necessary servicing, repair, or correction in the event of any such loss, damage, costs, expenses, liabilities, or penalties arising.
We shall not be liable for any damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
You specifically agree that we shall not be liable for any content or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
You agree that in the event that you incur any damages, losses, or injuries arising out of, or in connection with, our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product, or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of any website, property, product, service, or other content owned or controlled by us.
To the extent that any of the provisions of this section are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
16. INDEMNIFICATION
You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to defend (at our request), indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the website or those conducted on your behalf):
- Your uploads, access to, or use of the website;
- Your breach or alleged breach of these terms;
- Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right;
- Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or
- Any misrepresentation made by you.
You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
17. DISCLAIMERS
To the maximum extent permitted by applicable law, all products offered on this site are provided "as is" without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
To the maximum extent permitted by applicable law, the website is provided on an "as is," "as available," and "with all faults" basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
- The service/application;
- The website content;
- User content; or
- Security associated with the transmission of information to the website.
To the maximum extent permitted by law, we hereby disclaim all warranties, express or implied, and statutory warranties and conditions including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.
We do not represent or warrant that the website or content will be error-free or uninterrupted, that defects will be corrected, or that the website or the server that makes the website available will be provided on a timely, reliable, or secure basis or is free from any harmful components, including, without limitation, viruses, worms, or other harmful or malicious components. We do not make any representations or warranties that the content (including any instructions) on the website is accurate, complete, or useful. You acknowledge that your use of the website is at your sole risk. We do not warrant that your use of the website is lawful in any particular jurisdiction, and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties,
so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of use.
By accessing or using the website, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of action of any kind or character based upon or resulting from any content.
18. AGE RESTRICTIONS ON USE OF OUR WEBSITE
By using this site, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this website. Playek LLC and the website do not knowingly collect information from children under age 18. If you are under age 13, you are not permitted to use the website or to submit any personally identifiable information to the website. If you provide information to us through the website, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, and use the information on the website, you represent that you have the permission of a parent or guardian to do so and who agrees to these terms on your behalf; you may not submit any personal information. If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify Playek LLC immediately by sending an email to support@playek.com.
19. SUSPENSION AND TERMINATION
We reserve the right to suspend or terminate access to or withdraw or modify all or part of the website or your account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your account or your use of the website at any time.
Termination will not limit any of our other rights or remedies. The sections titled Ownership of Material on Our Website, Indemnification, Exclusions and Limitations of Liability, Disclaimers, Arbitration, Governing Law, and General and any other provision that is intended to survive termination shall survive termination of these terms or your access to the website or account.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. You waive and hold harmless Playek LLC and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
20. NOTICES
We may give you all required notices (including legal process) by any lawful method, including by posting notices on the website or by sending it to any email address that you provide to us. You agree to send us notices by email to support@playek.com
21. GOVERNING LAW
Except for the arbitration provision, which is governed by the Federal Arbitration Act, these terms, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with United States law in the state of California. without giving effect to any choice or conflict of law provision or rule (whether of the state of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the state of California.
22. GENERAL
If any provision of these terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these terms will remain in full force and effect. You and Playek LLC intend that the provisions of these terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Playek LLC agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." Playek LLC may assign these terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your account, to the website, or under these terms. No waiver by Playek LLC shall be construed as a waiver of any proceeding or succeeding breach of any provision. These terms (including any incorporated terms or policies) constitute the entire agreement between you and Playek LLC with respect to your account, the website, and your transaction for the purchase of products. Both you and Playek LLC warrant to each other that, in entering these terms, neither Playek LLC nor you have relied on or will have any right or remedy based upon any statement, representation, or warranty.
Copyright © 2024 Playek LLC - All Rights Reserved.
United States 🇺🇸
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