Terms of Use

PLAYBL, INC.

Last Updated: May 12, 2022

Playbl, Inc. (“Playbl,” “we,” “us,” or “our”) owns or licenses all right, title and interest in and to this website (https://playbl.com/) and all of its sub-domains (the “Website”). We have established the following terms and conditions (the “Terms of Use”) with which you must comply when you access and view the Website. All references to “you” or “your” refer to you and the entity on behalf of which you access or view the Website.

By accessing, viewing or otherwise using the Website, you agree to the terms and conditions contained in these Terms of Use. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use, and you hereby acknowledge that you have read and understood these Terms of Use and accept these Terms of Use without limitation or qualification. If you do not accept the terms and conditions of these Terms of Use, do not access or view the Website.

Your access and use of the Website is also subject to our Privacy Policy, the terms of which are incorporated herein by reference and made a part of these Terms of Use. Except as set forth in the Privacy Policy, any communications or materials you send to this Website, or otherwise to Playbl in any format in the absence of addition applicable terms or conditions, are provided on a non-confidential basis, and Playbl is under no obligation to refrain from reproducing, publishing, or otherwise using them in any manner.

1. MODIFICATIONS TO THESE TERMS OF USE

From time to time, Playbl may without advance notice: (a) supplement or make changes to these Terms of Use and other rules, access and use procedures, documentation, security procedures, and standards for equipment related to the Website or (b) add, modify or remove any content from the Website. All changes to the Terms of Use will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of these Terms of Use. Your access and viewing of the Website after a modification to these Terms of Use constitutes your acceptance of the modification. If any change to these Terms of Use is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Website.

2. OWNERSHIP

(a) Playbl and its licensors own all information, text, reports, analyses, data, graphics, files, documents, images, sound recordings, audio and visual clips, interactive features, photographs, programs, applications, software, scripts, and any other content that you may access and view on the Website, as well as the collection, design, production, selection, layout, function, arrangement and “look and feel” thereof (the “Playbl Material”). We may incorporate third party software as part of the Website, and all such third party software is subject to additional terms provided by the third party licensor. The names, trademarks, service marks, logos, slogans and taglines appearing on the Website (the “Trademarks”) are owned by or licensed to Playbl and, if licensed, are used with permission of the owner. The Trademarks and the Playbl Material are protected by trademark, copyright and other intellectual property laws. You may not infringe upon the Trademarks or Playbl Material in any way. Nothing on this Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks or Playbl Material displayed on this Website without the prior written consent of Playbl specific for each such use.

(b) You acknowledge and agree that all questions, comments, ideas, feedback or other information provided by you to us (“Feedback”) are not confidential and that we may reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as we deem appropriate, for any and all commercial or non-commercial purposes, in our sole discretion. If you suggest any new features and/or functionality for the Website that we subsequently incorporate into the Website (or any other website, product or service of ours), you further acknowledge that (i) Playbl shall own, and has all rights to use, such suggestions, and the Website (or any other website, product or service of ours) incorporating such new features and/or functionality shall be the sole and exclusive property of Playbl and (ii) all such suggestions shall be free from any confidentiality restrictions.

3. YOUR LICENSE

Playbl hereby grants you a limited, non-exclusive, revocable, non-transferable license to access and view the Website for your personal, non-commercial use in accordance with the terms of these Terms of Use. This license does not give you any ownership or intellectual property interest in any Playbl Material or the Trademarks or grant you any rights to use the Services. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Playbl Material. All rights not expressly granted to you under these Terms of Use are reserved by Playbl.

4. USER INFORMATION

You grant to Playbl a non-exclusive license to copy, use and display any and all data, information or communications (including personally identifiable data) you send us or enter into the Website (“Information”) to the extent necessary for Playbl to operate the Website, its business, and/or to facilitate interactions or transactions with you. You acknowledge that Playbl exercises no control whatsoever over the content of the Information and it is your sole responsibility, at your own expense, to provide the Information, and to ensure that the Information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Playbl is under no obligation, however, to review Information for accuracy, potential liability or for any other reason.

5. PLAYBL SERVICES

These Terms of Use do not govern the use of, and grant you not rights to use, any services offered by Playbl (“Services”). Use of the Services are governed by Playbl’s separate Terms and Conditions. If any provision of these Terms of Use conflicts with any terms in the Terms and Conditions, the Terms and Conditions shall apply.

6. ELECTRONIC COMMUNICATIONS

By visiting the Website or otherwise communicating with us, you consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If, at any time, you wish to opt-out of receiving electronic communications, please contact us at the contact information listed below. If you have provided us your telephone and/or fax number, then you expressly consent to receive marketing and/or non-marketing related communications at that telephone and/or fax number, including telephone calls, text messages and faxes, as applicable.

7. PROHIBITED ACTS

The following is a non-exhaustive list of activities that are prohibited in connection with your access, viewing and use of the Website:

copying, decompiling, reverse engineering, disassembling, attempting to derive the source code, modifying, transcribing, storing, translating, selling, leasing, transferring, distributing or creating derivative works of the Website, the Playbl Materials and/or the Trademarks;
web scraping, framing or utilizing framing techniques to enclose, or deep link to, any Playbl Materials, the Trademarks or other proprietary information of Playbl or its licensors;
criminal or tortious activity, including, but not limited to, fraud, trafficking in obscene material, gambling, harassment, stalking or spamming;
uploading or distributing files that contain viruses, corrupted files or other software or programs that may damage the operation of the Website or computer systems of Playbl and the Website’s users;
interfering with, disrupting or creating an undue burden on the Website;
removing, altering or obscuring any Trademark or other proprietary notice or legend of Playbl or its licensors contained in or on the Website and/or the Playbl Materials;
violating or attempting to violate the security of the Website or Playbl’s computer systems or using the Website to violate the security of other websites by any method; and
using the Website, the Playbl Materials and/or the Trademarks in a manner inconsistent with these Terms of Use or applicable laws and regulations.

Playbl may take whatever remedial action it determines in its sole discretion is appropriate if you engage in any prohibited acts. You agree that disputes arising from an alleged violation of these Terms of Use or any intellectual property rights may result in Playbl suffering irreparable harm and that, in the event of such a dispute, Playbl or its affiliates may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.

8. INTERNATIONAL USERS

We operate the Website from the United States of America. We make no claims concerning whether the Playbl Material may be downloaded, viewed, or be appropriate for use outside of the United States. If you choose to access the Website from outside of the United States, you are responsible for complying with applicable local laws.

9. VIOLATIONS OF THESE TERMS OF USE

(a) You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated or caused these Terms of Use to be violated or other agreements or guidelines associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

(b) You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, including as a result of (i) requests by law enforcement or other government agencies, (ii) a request by you, (iii) discontinuance or material modification of the Website or any service offered on or through the Website or (iv) unexpected technical issues or problems. We similarly reserve the right to do any of the following, at any time, without notice: (A) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (B) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (C) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction or other changes.

(c) If we take any legal action against you due to your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Website for any reason.

10. NO RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. Such content does not necessarily reflect the opinion of Playbl. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11. LINKS FROM THE WEBSITE

Our Website may contain links to websites that are owned and controlled by third parties that are not within Playbl’s control, which are for your convenience only. The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites. We are not responsible and cannot be held liable for the content and activities of those sites. You therefore visit and access those sites entirely at your own risk.

12. DISCLAIMER OF WARRANTIES

(a) THE WEBSITE AND THE PLAYBL MATERIAL ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. PLAYBL DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE WEBSITE AND THE PLAYBL MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE.

(b) PLAYBL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, LEGALITY OR RELIABILITY OF ANY PLAYBL MATERIAL. THE WEBSITE MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. PLAYBL RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, STALENESS OR OMISSIONS; HOWEVER, PLAYBL UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE WEBSITE OR ANY PLAYBL MATERIAL, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE DATE APPLIED TO THE WEBSITE SHOULD BE TAKEN TO INDICATE THAT ALL CONTENT HAS BEEN MODIFIED OR UPDATED.

(c) PLAYBL DOES NOT WARRANT THAT: (I) THE QUALITY OF THE WEBSITE OR THE PLAYBL MATERIAL THAT YOU OBTAIN FROM PLAYBL WILL SATISFY YOUR REQUIREMENTS OR MEET YOUR EXPECTATIONS, (II) THE WEBSITE WILL OPERATE UNINTERRUPTED AND ERROR-FREE OR (III) THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL MATERIAL. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE WEBSITE.

(d) PLAYBL DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

(e) IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND VIEWING THE WEBSITE.

13. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE ACCESSING AND VIEWING THE WEBSITE AND THE PLAYBL MATERIAL AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PLAYBL AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES OF ANY KIND, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS OR VIEW THE WEBSITE OR THE PLAYBL MATERIAL INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLAYBL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Playbl and its owners, managers, officers, directors, employees, contractors, agents, advisors and independent contractors from and against any action, claim, demand, damages, liabilities, costs or expenses (including attorneys’ fees and court costs) arising out of: (a) your access, viewing or use of the Website, (b) any conduct by you that actually or allegedly violates the terms of these Terms of Use, (c) your actual or alleged infringement of the intellectual property rights of third parties or (d) your actual or alleged failure to comply with any applicable laws and regulations.

15. FORCE MAJEURE

Playbl shall not be in default or otherwise liable for any delay in or failure of its performance under these Terms of Use where such delay or failure arises by reason of any Act of God, epidemic, pandemic, any government or any governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond Playbl’s reasonable control. Certain obligations may require the cooperation of third parties outside the control of Playbl. In the event such third parties fail to cooperate in a manner that reasonably permits the performance of Playbl’s obligations, such failures shall be considered as causes beyond the reasonable control of Playbl and shall not be the basis for a determination that Playbl is in breach of any of its obligations under these Terms of Use or is otherwise liable.

16. GENERAL PROVISIONS

Relationship between the Parties. These Terms of Use shall not be construed as creating any agency, partnership, joint venture or other similar legal relationship between you and Playbl; nor will either party hold itself out as an agent, partner or joint venture party of the other party.

Waiver. No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by all parties to be bound thereto.

Governing Law. These Terms of Use and all claims arising out of, related to, or in any way associated with it shall be construed and governed in all respects according to the laws of the Commonwealth of Massachusetts without regard to the conflict of law provisions thereof. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. You specifically acknowledge and agree to the foregoing agreed upon statute of limitations.

Assignment. Playbl may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under these Terms of Use. You may not assign your rights or delegate your duties under these Terms of Use without the prior written consent of Playbl.

Severability. If any provision of these Terms of Use is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of these Terms of Use.

Entire Agreement. These Terms of Use and the referenced Privacy Policy constitute the entire agreement between you and Playbl with respect to your use of the Website. Any purported modification or amendment shall be void unless such modification or amendment was authorized and published by Playbl.

17. CONTACT INFORMATION

If you have questions or concerns with respect to these Terms of Use, please contact Playbl by e-mail at hello@playbl.com.