These User Terms & Conditions were last updated on April 10, 2020.
THESE USER TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION, WHICH INCLUDES A CLASS ACTION, CLASS ARBITRATION AND JURY TRIAL WAIVER. THESE PROVISIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY AGREEING TO THESE USER TERMS AND CONDITIONS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER PROVISION.
Our goal at PLLAY is to provide online console, desktop and mobile gamers of all skill levels the chance to play the best games for the best prizes. In order to ensure fair play, and that every user is treated with the respect they deserve, these are the rules of our Services and the terms and conditions that bind each user of the Services. Users who do not comply with these Terms and Conditions will face consequences as described below.
- Disclaimer of Warranties
- Limitation of Liability
- Hacking, Tampering, or Unauthorized Access
- Mobile Application License
- Additional Terms Applicable to Third Party Platform Providers
- General Terms
PLLAY welcomes you. These User Terms and Conditions ("T&Cs") apply to the web sites, mobile applications and interactive platform, including without limitation PLLAY.me (each, a "Service", and collectively, the "Services") owned or operated by PLLAY Labs, Incorporated and its subsidiaries and affiliates (collectively, "PLLAY", "We", “Our” or "Us").
Please read these T&Cs carefully before using the Services as these T&Cs constitute an agreement between you and Us and set forth the legally binding terms and conditions which are applicable to your use of the Services, however installed, accessed or used, whether via personal computers, mobile devices or otherwise. By clicking the check box for “I Agree” on the Services installation page (or where such button or a similar button is otherwise presented), signing up for an user account and participating in any game, match, contest or tournament offered on the Service(s), you accept and agree to be bound by these T&Cs in the then most current version, which can be accessed from the Services, and any Additional Terms. If you do not accept these T&Cs, please do not register with or use the Services or participate in any game, match, tournament or contest.
PLLAY may modify these T&Cs at any time, without advance notice. You are responsible for reviewing these T&Cs periodically for any modifications. Your continued use of the Services following such modifications signifies your acceptance of those modifications. Additional terms, conditions or policies may apply to your use of any Service, including contest rules and eligibility (collectively, “Additional Terms”) and such Additional Terms are incorporated into these T&Cs by this reference. We will provide the Additional Terms to you or post them on the Service to which they apply. To the extent that there is a conflict between these T&Cs and any Additional Terms that apply to a particular Service, the Additional Terms will control.
As set out in more detail below, PLLAY RESERVES THE RIGHT TO IMMEDIATELY SUSPEND AND/OR CLOSE THE USER ACCOUNT OF ANY USER WHO VIOLATES, OR WHOM PLLAY REASONABLY BELIEVES MAY BE OR WILL BE VIOLATING, THESE T&CS, AT ANY TIME WITHOUT NOTICE. Please note that if a user's account is closed due to a violation of the T&Cs, PLLAY reserves the right to determine how the user's account balance will be distributed.
Our customer support personnel are available through the Service or via email at info@PLLAY.me to address concerns you may have regarding the Services. The parties shall use their best efforts through this customer service process to settle any dispute, claim, question, or disagreement and to engage in good faith negotiations.
If the parties do not reach an agreed upon solution within thirty (30) days from the time informal dispute resolution was commenced under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole and exclusive means to resolve claims, subject to the terms set forth below. Specifically, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, you and PLLAY expressly agree that any disputes or claims arising out of or relating to the ServiceS, including relating TO these T&Cs, the parties’ relationship with each other, and/or your use of the ServiceS shall be resolved through confidential binding arbitration, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU AND PLLAY EACH AGREE THAT CLASS OR REPRESENTATIVE ARBITRATIONS, AS WELL AS CLASS OR REPRESENTATIVE ACTIONS, ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, AND THAT YOU AND PLLAY ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. You and PLLAY each agree that you and We are further waiving our respective rights to a jury trial or, except as otherwise provided in these T&Cs, to otherwise go to court to assert or defend applicable rights under these T&Cs. You and PLLAY each agree that the Federal Arbitration Act and federal arbitration governs the interpretation and enforcement of this provision.
The arbitration will be administered by an arbitrator from the JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with its then governing rules and procedures applicable to consumer arbitrations, including the JAMS Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Arbitration Minimum Standards (the “JAMS Rules”), unless any such rules are inapplicable to the dispute by their terms or by governing law, or unless you and PLLAY agree to use a different set of rules. Payment of the parties’ costs and fees owed to JAMS and the arbitrator will be determined by the JAMS Rules and fee schedule, where applicable, and in such case will be subject to any limitations on the costs and fees owed by you as provided in the JAMS Rules. Contact information for JAMS, as well as copies of the JAMS Rules and applicable forms, are available at www.jamsadr.com.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitration shall be initiated in the County of Los Angeles, State of California, and you and PLLAY agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
If any court or arbitrator determines that any of the provisions set forth in this Section 2 is void or unenforceable for any reason, then all of the preceding language in this Section 2 shall be deemed null and void. This Section 2 will survive termination of your use of the Services.
By signing up and maintaining an user account and accessing and using the Services, including without limitation by purchasing passes or buying tokens, depositing money or entering a game, match, tournament or contest, you are representing and warranting that:
- you are 18 years of age or older or the age of majority in your jurisdiction of residence if higher than 18 years of age;
- you are a citizen or resident of the United States of America and you have an address in the United States of America;
- at the time of purchase or deposit or match, tournament or contest entry you are physically located in the United States of America in a jurisdiction in which participation in the match, tournament or contest is not prohibited by applicable law;
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you will abide at all times by these T&Cs and any other agreements between you and PLLAY regarding your use of the Services or participation in matches, tournaments or contests;
- you are not a legal resident of any of the following states: Arizona, Hawaii, Idaho, Louisiana, Montana, Nevada or Washington;
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
- with respect to any match, tournament, or contest that awards prizes, you are not an employee or operator of another skill-based competition platform that charges entrance fees or offers cash prizes;
- you do not, by virtue of affiliation with another skill-based competition platform, have access to the platform’s pre-release non-public confidential data about contest-related information.
Note: The laws governing contests, tournaments and skilled gaming with entry fees and/or prizes are established by each individual state. As such, PLLAY cannot and does not offer cash-based tournaments or contests with prizes to residents of the following states: Louisiana, Montana.
We make no representation that the Services are operated in accordance with the laws or regulations of, or governed by, other nations. By utilizing the Services and participating in games, matches, tournaments or contests, you certify that you meet the age and other eligibility requirements for the Services set forth in these T&Cs and any Additional Terms. If you do not meet the age and other eligibility requirements, please discontinue using the Services immediately.
If you open an user account and/or participate in any tournament, contest or game offered on the Services while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these T&Cs, and subject to having your user account suspended or terminated and all winnings (if any) voided.
If PLLAY determines that you do not meet the eligibility requirements, then you are not authorized to use the Services.
Proof of Eligibility. PLLAY may, at any time, require any user to provide proof of eligibility to participate in order to continue to allow such user access to the Services, and each user hereby acknowledges and accepts this condition of participation as a reasonable measure to ensure the security of the Services. In addition, PLLAY may require you to provide proper identification and proof that you are eligible to participate according to the eligibility requirements prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 5 below). If PLLAY otherwise determines that you do not meet the eligibility requirements, in addition to any rights that PLLAY may have in law or equity, PLLAY reserves the right to suspend or terminate your user account, withhold or revoke the awarding of any prizes associated with your user account or limit your ability to withdraw funds. In such case, PLLAY may pay out any withheld or revoked prizes to the other entrants in the relevant match, tournament or contest in a manner consistent with the prize structure of the match, tournament or contest, to be precisely determined by PLLAY in its sole discretion. PLLAY also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
Employees, Relatives, Consultants, and Others. PLLAY employees may use the Services for the purpose of testing the user experience, but are not allowed to withdraw money or prizes, except when playing in private tournaments or contests. Relatives of PLLAY employees with whom PLLAY employees share a household are not eligible to participate in matches, tournaments or contests unless the matches, tournaments or contests are private matches, tournaments or contests with other PLLAY employees or household members. PLLAY consultants or promoters of the Services may play in matches, tournaments and contests without such limitation, but only if (i) their arrangement with PLLAY does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Services.
Employees or operators of other skill-based video gaming platforms or sites that charge entry fees or offer cash prizes, and individuals who, by virtue of affiliation with another skill-based video gaming platform or site, have access to pre-release non-public confidential data about contest- or game-related information may not enter any matches, tournaments or contests in which a monetary prize is awarded. If such person enters a PLLAY match, tournament or contest that awards prizes, PLLAY will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to the skill-based video gaming platform by which the person is employed, operates or is affiliated. Additionally, PLLAY may maintain information about the user sufficient to assist PLLAY in blocking the user from entering future PLLAY matches, tournaments and contests, unless and until PLLAY determines, in its sole discretion, that the user is no longer an employee or operator of another skill-based video gaming platform or site or no longer has access to pre-release non-public confidential data about contest – or game-related information by virtue of affiliation with a skill-based video gaming platform or site.
E-sports, gaming and other athletes, coaches and other team management, team support personnel and team owners may not participate in any PLLAY matches, tournaments or contests in the game/sport or games/sports with which they are associated. Team owners, league employees, commissioners, game publishers and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
Note: PLLAY is an online service that facilitates matches, tournaments, leagues and ladders for users who play video games they have purchased on their own video game consoles and PCs. PLLAY does not sell or license video games, is not affiliated with, and our Services are not endorsed by, any video game manufacturer or sports league.
In order to participate in a match, tournament or contest on the Services, you must register for an user account. By registering as a user of the Services and creating an user account, you agree to provide accurate, current and complete information about yourself as prompted (“Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or PLLAY has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, PLLAY reserves the right to close your user account, with or without notice, and refuse any and all current or future use of the Services due to your violation of these T&Cs, or for any reason, at its sole discretion. Further, knowingly submitting incomplete or inaccurate information may result in forfeiture of any prizes or winnings to which you may have otherwise been entitled.
You are only permitted to sign up for one active user account on the Services. Additionally, PLLAY only allows users to have one user account per household. PLLAY reserves the right to monitor any effort to establish multiple user accounts. In the event it is discovered that you have opened more than one user account, all user accounts may be closed without notice. PLLAY reserves the right to deny access to anyone, including, but not limited to, those users who use proxy servers and/or IP addresses residing in certain geographical areas.
You agree that the sole and specific purpose of creating an user account on the Service is to participate in skill-based video gaming contests on the Service. PLLAY shall be entitled to suspend, limit or terminate your user account if We determine, in Our sole discretion, that you are depositing funds without the intention of using them in matches, tournaments or contests on the Service. In such circumstances, We may also report such activity to relevant authorities. In addition, We may conduct checks for T&Cs compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and We may request additional information before permitting a withdrawal.
PLLAY reserves the right to limit your activity on the Service in any way it deems appropriate, in its sole discretion.
At the time of registration for an user account and to facilitate refunds (if any) or prize payments to you, you must provide your full name, permanent residential address, phone number, date of birth, and a valid email address, and supply a username and password to be used in conjunction with your user account. In addition, in order to transfer or deposit funds or to purchase passes to obtain tokens for entry into matches, tournaments or contests, you must provide your credit card or other payment information. You may not use a username that promotes a commercial venture or a username that PLLAY in its sole discretion deems offensive. PLLAY reserves the right, in its sole discretion, to change and/or suspend or terminate offensive usernames. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your username and password and all activity on your user account, whether by you or by others. You agree to (a) keep your username and password confidential and not share them with anyone else and not allow any other person to use your user account; (b) immediately notify PLLAY of any unauthorized use of your username and password or user account or any other breach of security; and (c) use only your own username and password to access the Services. PLLAY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
You acknowledge and agree that PLLAY is authorized to act on instructions received through the use of your username and password, and that PLLAY may, but is not obligated to, deny access to or block any transaction made through use of your username and password without prior notice to you if We believe your username and password are being used by someone other than you, or for any other reason.
You may not allow any other person to access your user account, access the Service, accept any winnings, or participate in any match, contest or tournament using your user account information. Your user account is not transferable to any other person. All activities undertaken under a user's account will be deemed to have been done by that user.
You are subject to all federal, state, provincial and local laws, rules and regulations of the jurisdiction in which you reside and from which you access the Services, and are solely responsible for obeying those laws. You agree that PLLAY cannot be held liable if laws applicable to you restrict or prohibit your participation. PLLAY make no representations or warranties, implicit or explicit, as to your legal right to participate in any contest, game, match or tournament offered on the Services nor shall any person affiliated, or claiming affiliation, with PLLAY have authority to make any such representations or warranties.
PLLAY reserve the right to monitor the location from which you access the Service and to block access from any jurisdiction in which participation is illegal or restricted.
Any user who displays behavior which may be interpreted as the use of unfair methods on the Services, including but not limited to, the opening or use of multiple user accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain matches in order to achieve a broader competitive advantage (i.e. “sandbagging”), harassment of other players on the Services, posting of objectionable material, any breach of these T&Cs, or any breach or attempted breach of the security of your user account or the Service (collectively, “Abuse”), shall be subject to immediate sanction (as determined by PLLAY in its sole discretion), up to and including user account termination and blocking of Services access, the voiding of any winnings, and in the case of money laundering or any other illegal activity, disclosure to the appropriate police authorities, and legal action at the sole discretion of PLLAY.
When you register for an user account, We ask for your consent so that PLLAY may display your username and match records and other usage information collected through the Service, for the purpose of promotion, including the promotion of tournaments and games and PLLAY. Separately, by accepting any prize from PLLAY, and to the extent allowed by law, you grant to PLLAY and its designees a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to use, rearrange, copy, distribute, modify, adapt, edit, add to, store, encode, reproduce, transmit, print, publish, post, display, broadcast, exhibit, and/or reuse your name, picture, voice, likeness, user-generated avatar, gamer tag, biographical information and other indicia of your identity or persona including, but not limited to, all materials submitted in connection with your use of the Services (collectively, your “Likeness”) in any and all media, throughout the world, at any time and in any manner, for advertising, promotional, commercial or related or other purposes without further review, notice, approval, or compensation to you or any third party. You hereby release and discharge PLLAY and the other indemnitees (as defined in section 13) from all claims, liability, losses, damages and costs relating to use OF YOUR LIKENESS and any exercise of the rights and licenses granted in thESE t&Cs, including based on invasion of your privacy or publicity rights, and YOU hereby agree to indemnify PLLAY AND the OTHER INDEMNITEES in connection with any damages in connection with any claims to the contrary or arising out of a breach HEREof.
PLLAY uses third-party electronic payment processors and financial institutions ("Payment Processors"), including without limitation Paysafe Group, Apple Payments Inc. (Apple Pay) and Google (Google Pay/Android Pay), to process purchases of subscriptions, passes and tokens, refunds and prizes to and from you. You irrevocably authorize PLLAY to instruct such Payment Processors to handle purchases of subscriptions, passes and tokens, refunds and prizes for you as reasonably required to provide you the Services and you irrevocably agree that PLLAY may give such instructions on your behalf in accordance with your requests as submitted through the Service, or via instructions to PLLAY’s customer support. You agree to be bound by the terms and conditions of use of each applicable Payment Processor, and in the event of a conflict between these T&Cs and the Payment Processors' terms and conditions, these T&Cs shall prevail. The terms and conditions for Paysafe/Skrill, Apply Payments Inc. and Google can be found at:
You agree that PLLAY is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third-party in connection with your use of the Services.
Each user acknowledges that the outcome of the matches and tournaments offered on the Services are directly related to the number of users participating, and the skill levels of each user participating. PLLAY may provide certain indicators of probability of winning matches, but PLLAY does not have any actual knowledge of the probability of one user winning a match vs. another user. Any indicators of probability of winning that are provided are strictly provided for entertainment purposes and should not be relied upon; any use of such indictors of probability is at the user’s sole risk. PLLAY makes no representations or warranties of any kind about an individual user's chances of winning.
Prizes are generally cash amounts, which are paid to you through Payment Processors. The prizes offered in all tournaments will be disclosed at the start of such tournaments. If a tournament has to close prematurely, such as for maintenance or technical problems, PLLAY may attempt to reschedule, or process refunds if applicable.
The results and winners of each match or tournament offered on the Service will be determined by PLLAY, and such determinations are final. By signing up, joining and participating in any matches or tournaments, you agree to be bound by these determinations.
PLLAY is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform, or any incorrect or inaccurate results that may be posted on your online game or match. You may not: (a) gain unauthorized access to PLLAY’s systems or any user account (other than your own), interfere with the communications, procedures or performance of the Services or deliberately damage or undermine the Services; (b) affect the outcome of your online game play on your platform by means of or with the assistance of macros, bots, automated programs, screen analysis utilities, player collusion, any type of modifications, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the Services; or (c) alter the human skill component of any game, match or contest played on your platform. Any attempt to do so may be a violation of both civil and criminal laws and may result not only in the termination of your user account and forfeiture of all winnings, prizes, bonuses and incentives to which you would otherwise be entitled, but potentially lead to civil and/or criminal prosecution. PLLAY, in its sole discretion, reserves the right to terminate any user's account who is suspected of tampering with the user’s results for the tournament entered, or who otherwise violates these T&Cs and to seek legal enforcement to the greatest extent possible, including referral to criminal prosecution authorities.
Match Result Disputes: Any and all match result evidence must be sent to PLLAY’s customer support within two (2) hours of the scheduled match start time. This two (2) hour review period will be used by Service administrators to examine match result evidence and to assign the win to the appropriate user. Any dispute that is filed without evidence will be considered invalid. If only one user submits evidence during this two (2) hour time frame the user that provides the evidence will be deemed the winner of the match, while the opposing user will receive a loss. If no evidence has been reported by either user within the two (2) hour time frame the match will be cancelled or marked as incomplete. Once a match has been cancelled and marked incomplete, the results are irreversible and cannot be adjusted. The PLLAY customer support team has the sole discretion to ask users to provide additional evidence in order to determine the accurate winner. After thirty six (36) hours all match results will be final with no undoing, cancelling, or re-assigning winners.
Unresolved matches: If a winner cannot be established from our proprietary technology or an investigation by the PLLAY customer support team then the match will be cancelled.
Claiming a false win: If a user claims a “win” in a match that was either not played, or not completed, or was drawn, or lost, an automatic forfeit and suspension ma bye issued at PLLAY’s sole discretion.
Submitting false evidence: If a user submits “false evidence” – i.e., evidence that has previously been submitted or archived from a previous match, evidence that has been altered in any way, or false evidence that has been created, then that user may, at PLLAY’s sole discretion, automatically forfeit the match and immediately face a suspension.
Abusive behavior on platform: Any abusive, obscene, lewd, threatening or insulting behavior by a user towards PLLAY customer support staff may result in the user’s immediate suspension for an indefinite period of time as determined by PLLAY customer support staff. Sending multiple tickets associated with the same issue may result in disciplinary action at PLLAY’s sole discretion.
Cheating: Any users who are caught cheating/boosting their statistics in any match on the Services may be suspended at PLLAY’s sole discretion. If cheating or boosting of records occurs during any tournament, the user may, at PLLAY’s sole discretion, be immediately disqualified with no entry fee reimbursement.
Lagging and IP Booting: Users who are caught lagging/IP booting matches may, at PLLAY’s sole discretion, face an automatic loss and suspension. When disputing a lagging match, video evidence of the lag is required in order for your dispute to be validated. You must be able to provide video evidence that clearly identifies the exit of the match. When playing a match with a poor connectivity level, be sure to quit before either you or your opponent gain a significant advantage in the match. When a user disconnects from a match while their opponent has a significant advantage, the user who disconnected may receive an automatic loss at PLLAY’s sole discretion. If the match is played and completed in its entirety, the results of the match will stand. The PLLAY customer support team has the sole discretion to adjust end match results at any time.
In order to enter a pay-to-enter tournament (a "Cash Tournament"), users must purchase and use tokens that allow for entry into such Cash Tournaments. PLLAY offers PLLAY Passes , for purchase by users, consisting of a set of tokens that can be used to enter Cash Tournaments. Upon entry into a Cash Tournament, users must use funds the user deposited in such user’s account or wallet to participate in the Cash Tournament. The cash prizes in each tournament represent an amount determined by PLLAY in its absolute discretion.
PLLAY may offer promotional or bonus funds or credits that can be applied to your user account or wallet and used to participate in Cash Tournaments or matches in the Services. PLLAY reserves the right to set expiration dates or other limits on any and all promotional or bonus funds or credits (as applicable), including monetary bonuses or credits and prize credits, if any, applied to your user account. The promotional or bonus funds or credits do not have an independent cash value and cannot be withdrawn. If a user wins after promotional or bonus funds or credits have been deposited, such promotional or bonus funds or credits will be retracted and the user can withdraw only the amount above the promotional or bonus funds or credits.
PLLAY provides subscription packages of tokens so that users can enjoy the Services. These packages offer access to a number of Cash Tournaments on a recurring basis during a predetermined timeframe (normally weekly or monthly basis). The subscription proceeds also support continued operation and maintenance of the Services and the development of additional features and content for the Services in the future.
Each year all winners who have cumulatively won $600 or more over the previous calendar year must provide updated mailing address and social security number details to PLLAY. These details will be used to allow PLLAY to comply with tax regulations and may be shared with appropriate tax authorities and for the provision of a 1099 tax form (if a resident of the United States). You, not PLLAY, are responsible for filing and paying all applicable state, local and federal taxes on any winnings. PLLAY does not provide tax advice, nor should any statements in these T&Cs or on the Services be construed as tax advice.
All content included in the Services, including all designs, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that forms part of the Services (collectively, the "Content") is owned or licensed by PLLAY or its licensors. You agree to not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content. PLLAY neither warrants nor represents that your use of the Content will not infringe rights of third parties. While PLLAY uses reasonable efforts to include accurate and up-to-date information, PLLAY makes no warranties or representations as to the accuracy or completeness of any Content and assumes no liability or responsibility for any errors or omissions in the Content.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed and forming part of the Content, including the names of all games and tournaments, are registered and unregistered Trademarks of PLLAY, its licensors or others. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on the Services without the written permission of PLLAY or such third party that owns the Trademark displayed on the Service. Your misuse of any Trademark displayed on the Service, any Content, or any applicable copyright, trademark, patent, or other intellectual property restrictions, is strictly prohibited.
You are hereby advised that PLLAY will aggressively enforce its intellectual property rights to the fullest extent of the law, including but not limited to, the active pursuit of civil litigation and referral for criminal and quasi-criminal prosecution where appropriate.
As a condition of use of the Services and participation in the matches, tournaments and contests, you promise not to use the Services or your user account for any purpose that is unlawful or prohibited by these T&Cs, or any other purpose not reasonably intended by PLLAY. By way of example, and not as a limitation, you agree not to:
- abuse, harass, impersonate, intimidate or threaten other Service users;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Service user;
- infringe upon the intellectual property rights of PLLAY, its users, or any third party;
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of the Services, any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Services for any purpose without PLLAY’S express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose, in PLLAY’S sole determination, an unreasonable or disproportionately large load on PLLAY’s infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (c) bypass any measures We may use to prevent or restrict access to the Services;
- use unauthorized scripts (all authorized scripts will be made available through the Service);
- advertise to, or solicit, any user to buy or sell any products or service, or use any information obtained from the Services in order to contact, advertise to, solicit, or sell to users without their prior explicit consent.
When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.
Rules of Conduct:
- PLLAY reserves the right to temporarily or permanently ban users who violate these rules of conduct, or who in any way abuse the community purpose of the chat areas of the PLLAY chat.
- PLLAY reserves the right to remove any posts for any reason.
- Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening, discriminatory and harassing language of any kind will not be tolerated.
- Impersonating other users is not allowed.
- Please limit your posts to the subject of the Service's games; opinions or comments on the topic at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed
- Advertising or promotion of other companies or URLs is not allowed. No advertising of any kind is allowed in messages.
- Do not share personal information (your name, phone number, home address, password) with others on the Service.
- No copyrighted materials are allowed in messages.
- Information disclosed in the PLLAY chat becomes property of PLLAY and is revealed to the public. PLLAY is not responsible for any information you choose to disclose to others.
- Advanced fonts, Java, tables, HTML, or other programming codes or commands are not allowed in messages.
You agree to refrain from engaging in any behavior causing or likely to cause harm to or reflect negatively upon the brand, reputation, or goodwill of PLLAY, including those of its affiliates, sponsors, and business partners. Users are expected to behave in a manner consistent with the PLLAY Code of Conduct available at [INSERT PLLAY Code of Conduct URL], which includes, but is not limited to, standards of honesty, respect, equality, and fair play. PLLAY reserves the right, in its sole and exclusive discretion, to monitor and evaluate any user’s past or present activity or online communications in assessing compliance with the PLLAY Code of Conduct. In the event any user is found to be engaging, to have previously engaged, or is suspected to have engaged in behavior that is contrary to the rules, standards, and values expressed therein, PLLAY hereby reserves the right to suspend or terminate the user’s account, to block Service access, disqualify the user from any tournament, void winnings, and in the event illegal activity is discovered, to disclose user information to law enforcement, and/or to commence legal action at the sole and exclusive discretion of PLLAY.
As a continuing condition of your use of the Service, you agree to comply with PLLAY’s policy on feedback. Abuse of PLLAY’s feedback system undermines the integrity of the feedback system and decreases trust within the community. PLLAY is not responsible for the remarks that users post, even if those remarks are defamatory. However, the person who leaves the feedback would be responsible for it. There are limited occasions when PLLAY will remove feedback comments.
PLLAY may remove feedback ratings and comments if they meet the standard for feedback abuse or users mutually agree. Feedback that meets any of the circumstances below is feedback abuse and may be subject to removal:
- PLLAY is provided with a court order finding that the feedback is libelous, slanderous, defamatory or otherwise illegal.
- The feedback comment contains profane, vulgar, obscene, or racist language or adult material.
- The feedback comment contains personally identifying information about another user, including real name, address, phone number, e-mail address, etc.
- The feedback comment contains links or scripts.
- Feedback left by users who are indefinitely suspended for certain policy violations or are in violation of the T&Cs.
If users suspect that feedback left for them is in violation of PLLAY’s feedback policy and constitutes abuse, they are encouraged to email info@PLLAY.me to report the violation. PLLAY may also offer the opportunity to users to withdraw feedback if both users mutually agree to the removal of a specified comment or feedback rating. Both users must email info@PLLAY.me.
PLLAY prohibits any activity commonly referred to as "Spam". Users who are reported and for whom the complaints or claims of "Spam" are credible and validated by PLLAY may have their respective user accounts either immediately terminated or suspended, at the sole discretion of PLLAY. Additionally, any winnings (if any) may be voided at the sole discretion of PLLAY. PLLAY defines "Spam" as:
- Messages posted to PLLAY chat that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated discussion threads, or posted in excessive volume; or
- Solicitations posted to the PLLAY chat.
PLLAY will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion. PLLAY reserves the right to lift the suspension of a user at any time, at its sole discretion.
If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to support@PLLAY.me.
PLLAY Tokens ("PLY$") are loyalty reward tokens awarded to users in good standing. PLY$ can be earned for completing a variety of player gaming and activities on the Services. PLY$ may also be awarded as prizes for tournament results, as part of a promotion, or at the discretion of PLLAY for any behavior deemed warranted at any time.
A user's PLY$ balance will appear on the user’s personal profile. The USD value of a PLY$ is zero. The PLLAY Rewards program and user balances can be cancelled at any time at the absolute discretion of PLLAY.
PLLAY reserves the right to terminate your user account, or limit or prohibit your participation in any game or tournament. All winnings (if any) may be voided at the sole discretion of PLLAY. Any person whose user account or access has been suspended or terminated may not re-register for, or re-access, the Services without PLLAY’s prior written consent.
PLLAY reserves the right, in its sole discretion, to suspend or revoke your user account, void your scores or results, change your feedback and/or commence legal proceedings against you if PLLAY determines that: (i) you have breached any term of these T&Cs; (ii) you are participating in any attempt to defraud PLLAY or the Services through the use of credit cards or other methods of payment, regardless of the outcome; (iii) you have failed to honor legitimate charges or requests for payment, or you have 'charged back' or denied any of the purchases that you made to your user account; (iv) you are participating in any attempt to cheat another user through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings.
The failure of PLLAY to enforce at any time any of the provisions of these T&Cs, or the failure to require at any time performance by you of any of the provisions of these T&Cs, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of PLLAY to enforce each and every such provision thereafter. The express waiver by PLLAY of any provision, condition or requirement of these T&Cs shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
You are entitled to close your user account at any time by contacting PLLAY customer support by email at support@PLLAY.me using the subject line “User Account Cancellation” and with a note stating that you wish to close your user account. PLLAY will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your user account until such closure has been effected by Us.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLLAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLLAY MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLLAY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs. WITHOUT LIMITING THE FOREGOING, PLLAY makes no representation that participation in paid contests OR TOURNAMENTS is lawful under Texas state law.
TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THE T&CS, THEN THIS DISCLAIMER OF WARRANTIES WILL OVERRIDE IT.
YOU AGREE THAT PLLAY LIMITS ITS LIABILITY WITH RESPECT TO YOUR USE OF THE SERVICES AND, TO THE FULLEST EXTENT PERMITTED BY LAW, PLLAY AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLLAY AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), DIRECTLY OR INDIRECTLY RELATED TO: (I) THE SERVICES; (II) THE USE OR INABILITY TO USE THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE IN CONNECTION WITH THE SERVICES; (V) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (VI) ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE INFORMATION; (VII) HUMAN ERRORS; (VIII) TECHNICAL MALFUNCTIONS; (IX) OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT A USER TO PARTICIPATE IN THE SERVICES, TOURNAMENTS OR CONTESTS); (X) ANY LOSS, INJURY OR DAMAGE, INCLUDING WITHOUT LIMITATION TO COMPUTER EQUIPMENT, OR ANY DEATH, PERSONAL INJURY OR PROPERTY DAMAGE; (XI) DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST, AND TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; (XII) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY PLLAY, LAW ENFORCEMENT OR GOVERNMENT AUTHORITIES PERTAINING TO YOUR USE OF THE SERVICES; OR (XIV) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE T&CS, PLLAY AND ITS AFFILIATES ARE FOUND TO BE LIABLE TO YOU FOR ANY CAUSE, DAMAGE OR LOSS WHICH ARISE OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIABILITY OF PLLAY AND ITS AFFILIATES SHALL IN NO EVENT EXCEED US$100.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF PLLAY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PLLAY LABS, INCORPORATED, ITS SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, VENDORS, PARTNERS, CONTRACTORS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES OF EACH OF THEM AND ALL OF THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "INDEMNITEES") IN RESPECT OF ALL CLAIMS, COSTS (INCLUDING LEGAL FEES AND COSTS), DAMAGES, LIABILITIES AND EXPENSES OR OBLIGATIONS OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SERVICES (INCLUDING WITHOUT LIMITATION USE OF YOUR USER ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU). PLLAY RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM SUPPORTING INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND ANY SUCH CLAIM. YOU WILL NOT SETTLE ANY CLAIM COVERED BY THIS SECTION 13 WITHOUT PLLAY’S PRIOR WRITTEN APPROVAL.
PLLAY is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your user account.
Any attempt to (i) gain unauthorized access to the Services systems or any user account; (ii) interfere with procedures or performance of the Services; (iii) deliberately damage or undermine the Services; (iv) participate in any tournament or game offered on the Services by means of automatic, macro, programmed, or similar methods; or (v) otherwise commit fraud with regard to the Services, is subject to active pursuit of civil litigation and/or criminal prosecution and will result in immediate termination of your user account and forfeiture of any prizes to which you are or might be otherwise entitled.
Subject to your compliance with these T&Cs, PLLAY grants you a limited non-exclusive, non-transferable license to download and install a copy of the mobile application on a device that you exclusively control and to run such copy of the mobile application solely for your own personal use. PLLAY reserves all rights in and to the mobile application not expressly granted to you under these T&Cs. You agree that you shall not run any version of the mobile application on a jailbroken device.
If you have downloaded Our mobile application, you agree to promptly download and install any new version that We make available through the iTunes App Store, Google Play store or other third party app store, as applicable. Some new versions may contain updated T&Cs, security fixes and service improvements; accordingly, failure to promptly update your version of the mobile application may in some cases expose you to increased security risks or Service malfunctions.
If you are accessing, downloading or using the Services through an Apple, Inc.(“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third party app store or platform (each a “Third Party Platform Provider”), the following applicable additional terms and conditions are applicable to you and are incorporated into these T&Cs by this reference:
You acknowledge that the Third Party Platform Provider is not responsible for addressing any claims you have or any claims of any third party relating to the mobile application or your possession and use of the mobile application, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the mobile application infringes a third party’s intellectual property rights, such that you will not hold such Third Party Platform Provider responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
In the event of any failure of the Third Party Platform Provider version of the mobile application to conform to any applicable warranty that has not been effectively disclaimed by these T&Cs, you may notify such Third Party Platform Provider, and such Third Party Platform Provider will refund the purchase price for the mobile application (if any) to you; to the maximum extent permitted by applicable law, such Third Party Platform Provider will have no other warranty obligation whatsoever with respect to the mobile application, and, as between such Third Party Platform Provider and PLLAY, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PLLAY’s responsibility, but only to the extent provided by these T&Cs. Please read the entire T&Cs, as other sections of these T&Cs limit PLLAY’s liability in this regard.
The Third Party Platform Providers are third-party beneficiaries of these T&Cs. Upon your acceptance of these T&Cs, such Third Party Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof. There are no other third-party beneficiaries of these T&Cs.
These T&Cs will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions, except on matters governed by the Federal Arbitration Act. For any dispute not subject to arbitration, you hereby consent to the exclusive jurisdiction of and venue in the courts of the State of California. Notwithstanding any other provisions of these T&Cs, We may seek injunctive or other equitable relief from any court of competent jurisdiction. You agree that any dispute that cannot be resolved between the parties shall be resolved without resort to any form of class action.
If any portion of these T&Cs is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers, liability limitations and commitment not to participate in class action proceedings, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs shall continue in effect.
If you have questions, complaints or claims with respect to the Services, you may contact Us by email at info@PLLAY.me.