PLYFE, INC. / Rewards4Mom.com TERMS OF SERVICE
Plyfe, Inc. (“Plyfe,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.plyfe.me (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Access and Use of the Service
Services Description: The Plyfe Service is a social platform that allows users to play online games, complete challenges, earn tickets and spend these tickets on real life goods and services.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Plyfe of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Plyfe will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Plyfe reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Plyfe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Plyfe may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Plyfe’s servers on your behalf. You agree that Plyfe has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Plyfe reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Plyfe reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Plyfe and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Plyfe account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Plyfe. Plyfe reserves the right to investigate and take appropriate legal action against anyone who, in Plyfe’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a) post, email or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Plyfe, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Plyfe or its users to any harm or liability of any type;
b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) solicit personal information from anyone under the age of 18;
d) harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
e) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
g) violate any applicable local, state, national or international law, or any regulations having the force of law;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Fees: You acknowledge that Plyfe reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Site.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
Promotions and Tickets
Promotions: The Service may from time to time make available certain sweepstakes, contests, giveaways and other promotions (collectively “Promotions”). Your participation in any such Promotions is subject to and governed by this Terms of Service and any other additional specific terms and conditions as set forth on any specific page for any such Promotion on the Service. All such Promotion terms and conditions are hereby incorporated by reference into these Terms of Service.
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
These General Terms and Conditions are applicable to each Promotion offered on plyfe.me (the “Website”)
From time to time Plyfe Inc., which maintains an office at 62 Grand st New York, NY 10013, will offer and/or host periodic sweepstakes, giveaways, auctions and other promotions (each, a “Promotion”) on the Website. In some cases, a Promotion will be sponsored by Plyfe, and in other cases a Promotion will be sponsored by a third party identified on the specific landing page at the Website for that particular Promotion and hosted by Plyfe (each such sponsor, a “Promotion Sponsor”). Each such Promotion will be subject to and governed by these General Terms and Conditions and the additional specific terms and conditions as set forth on any specific landing page for any such Promotion on the Website (each such Promotion specific landing page, a “Promotion Site,” and together with these General Terms and Conditions, the “Official Rules”). Unless otherwise indicated on the specific Promotion Site, each Promotion begins at 12:00:01 a.m. ET on the date set forth on the Promotion Site (the “Promotion Start Date”) and will run until 11:59:59 p.m. ET on the date set forth on the Promotion Site or until the fixed number of entries indicated on the Promotion Site are received, whichever occurs first (the “Promotion End Date”) (each such period referred to herein as the Promotion Period). These Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Plyfe and the applicable third party Promotion Sponsor and not to Facebook.
PRIZE: The prize descriptions, the total approximate retail value of all prizes and the number of winners to be selected for each Promotion will be set forth on the applicable Promotion Site. Additional terms and conditions may apply to winner’s use of the prize, as set forth on the specific Promotion Site. The odds of winning a Promotion are determined by the number of eligible entries received by the applicable Promotion End Date. If a Promotion limits the number of entries, the odds of winning that Promotion will be the number of prizes divided by the number of entries permitted. For example, for a Promotion with one prize, a total limit of 5000 entries and a limit of one entry per person, the odds of winning are 1 in 5000. Allow three to four weeks?after validation of arrangement for receipt of prize. The actual number of prizes awarded for a particular Promotion is based on the number of eligible entries received during the applicable Promotion Period. There is no substitution, cash equivalent or transfer of prizes allowed. Each winner will be solely responsible for all other expenses not specifically set forth in the Official Rules. The Promotion Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Promotion Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. In order to receive a prize, winner may be required to provide proof of identification. Taxes on any prize are the sole responsibility of winner. The winner of any prize with a value of $600 or greater will be issued a 1099 U.S. tax form for the retail value of the prize.
ELIGIBILITY: Each Promotion is open only to registered members of the Website who are legal residents of the United States, and at least 13 years old at the time of entry. Only one Website membership account per person. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in any Promotion, each entrant accepts the conditions stated in the Official Rules, agrees to be bound by the decisions of Plyfe and the applicable third party Promotion Sponsor and warrants that he or she is eligible to participate in each such Promotion. Employees, independent contractors, officers, and directors of Plyfe and any applicable third party Promotion Sponsor, and their affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in any Promotion. EACH PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws, statutes, ordinances and regulations.
SELECTION OF WINNERS: Following each Promotion End Date, the winner or winners will be selected by Plyfe, the applicable third party Promotion Sponsor or their designee based on the criteria indicated on the applicable Promotion Site. Winners for each Promotion will be selected from all eligible entries received by the Promotion End Date for such Promotion. Winners for each Promotion will be notified by mail, telephone or email using the information provided by the entrant, within 30 days of the Promotion End Date for such Promotion. In the event a potential winner does not accept or claim the prize, is ineligible, the prize or prize notification is not deliverable, or is disqualified for any reason, Promotion Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. All entries received for a Promotion during the applicable Promotion Period will be canceled after the winner is selected for such Promotion Period. Plyfe and the applicable third party Promotion Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify winner. Where lawful, winner may be required to sign and return plyfe’s form of Publicity Consent and Liability Release. If a winner fails or refuses to sign such Publicity Consent and Liability Release in the manner and within the time as requested by plyfe or the applicable third party Promotion Sponsor, such winner may be disqualified and an alternate winner may be selected.
CONDITIONS: Plyfe, each third party Promotion Sponsor and Facebook, and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (collectively, the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of Plyfe or the third party Promotion Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Promotion; or (vi) any printing or typographical errors in any materials associated with the Promotion. plyfe or the third party Promotion Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel any Promotion or disqualify any entry should any unauthorized human intervention or other causes beyond its or their control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In the event that any such cause prevents proper administration of any Promotion, plyfe, the third party Promotion Sponsor, or its or their designees will pick the winners from all eligible, non-suspect entries received prior to such action. By participating in the Promotion, entrants and winners hereby release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Promotion, participation in the Promotion, the prize, and/or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or an entrant’s right of publicity. All such Promotions shall be governed by the laws of New York State. By participating in any such Promotion, entrants agree that New York courts shall have jurisdiction over any dispute or litigation arising from or relating to any such Promotion or the Official Rules and that venue shall be only in New York, New York.
WAIVER OF CA CODE SECTION 1542: Entrants are hereby advised that California Civil Code § 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. By entering a Promotion, each entrant, on behalf of himself or herself and his or her heirs, successors, assigns, agents and representatives, acknowledges that he orshe understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, hereby waives the benefits of its provisions, with the intent that the releases and waivers of liability in paragraph 6 shall include claims known or unknown, and unknown and unsuspected.
WINNERS LIST: To obtain the name of the Promotion winner or winners after each Promotion End Date, please visit the games page. The name of each winner of a Game/Promotion will be available for 120 days from the Promotion End Date for such Promotion.
NOTICE: plyfe and the applicable third party Promotion Sponsor reserve the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of any Promotion in violation of the Official Rules and/or any law.
Tickets: The Service provide you with opportunities to earn tickets (“Tickets”) through activities on the Service and other third party websites and services. Such Tickets may be eligible to be used as entries into Promotions, as permitted by Plyfe from time to time, and for other activities, such as redemptions for prizes, auctions, etc., that may be offered from time to time through the Services. Tickets do not constitute property of the holder, are not transferable, are not redeemable for cash or for any other form of currency or credit, have no fixed or ascertainable cash value, and cannot be returned, exchanged, refunded or replaced by cash.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Plyfe, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Plyfe, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Plyfe.
The Plyfe name, slogans (including but not limited to “LIFE’S A GAME. PLAY LIFE”, “PLAY LIFE” and “GAMIFICATION OF LIFE”) and logo are trademarks and service marks of Plyfe (collectively the “Plyfe Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Plyfe. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Plyfe Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Plyfe Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Plyfe be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Plyfe does not pre-screen content, but that Plyfe and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Plyfe and its designees shall have the right to remove any content that violates these Terms of Service or is deemed by Plyfe, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Posted on the Site: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Plyfe and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Plyfe are non-confidential and Plyfe shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Plyfe may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Plyfe, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Plyfe respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Plyfe of your infringement claim in accordance with the procedure set forth below.
Plyfe will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Plyfe’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
To be effective, the notification must be in writing and contain the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
* your physical or electronic signature;
* identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within District of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Plyfe will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Plyfe has adopted a policy of terminating, in appropriate circumstances and at Plyfe’s sole discretion, users who are deemed to be repeat infringers. Plyfe may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Plyfe has no control over such sites and resources and Plyfe is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Plyfe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Plyfe is not liable for any loss or claim that you may have against any such third party.
Third Party Services
In addition, Plyfe is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Plyfe is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Plyfe enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Plyfe and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLYFE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PLYFE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLYFE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLYFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL PLYFE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PLYFE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Plyfe’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before J.A.M.S./Endispute, Inc., or its successor. Unless otherwise agreed by the parties, arbitration will be held in New York, NY before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by J.A.M.S./Endispute, Inc., and will be conducted in accordance with the rules and regulations promulgated by J.A.M.S./Endispute, Inc. unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree that Plyfe, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Plyfe believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Plyfe may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Plyfe may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Plyfe shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Plyfe will have no liability or responsibility with respect thereto. Plyfe reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Plyfe and govern your use of the Service, superseding any prior agreements between you and Plyfe with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service shall be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Plyfe agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York. The failure of Plyfe to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Information We Collect:
When you interact with us through the Site or the Services, we may collect Personal Data and other information from you, as further described below:
Non-Identifiable or Aggregated Data: When you interact with Plyfe through the Site or Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Plyfe may store such information itself or such information may be included in databases owned and maintained by Plyfe affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors’ Internet service providers, and how our users use and interact with the Plyfe Service. Also, in an ongoing effort to better understand and serve the users of the Services, Plyfe often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Plyfe may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Plyfe may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Our Use of Your Personal Data and Other Information:
Our Disclosure of Your Personal Data and Other Information:
Plyfe is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Related Third Parties: Plyfe, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements: Plyfe may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Plyfe, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
You can use the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.
If you decide at any time that you no longer wish to receive email communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “Email Notifications” information in your account settings.
Links to Other Web Sites:
Integrating Third Party Services within the Services:
One of the special features of the Service is that it allows you to enable various online third party services, such as social media and networking services, (“Third Party Services”) to be directly integrated into your Plyfe experience. By directly integrating these services, we make your online experiences richer, and more personalized. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your log-in information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Plyfe shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.
Plyfe takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.
Other Terms and Conditions:
Your access to and use of this Site is subject to the Terms of Service.
Access to Information; Contacting Plyfe:
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site or Services.
You may contact us as follows: email@example.com