Notice Regarding Dispute Resolution and Your Right to Opt-Out: These Terms contain provisions governig how claims you and we may have against each other are resolved (see Section 7 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require each party to submit claims against the other to binding arbitration. Unless you opt-out of arbitration per Section 7: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
These Terms form a validly enforceable agreement between you (“you”, and also “your” or “yours”) and Play Globally, Inc. Throughout these Terms, the words “Play Globally,” “ourselves”, “us”, “we”, and “our(s)” will refer to Play Globally, Inc. its affiliates, subsidiaries, assignees and successors; and also our Site, App and other Services, as appropriate in the context of the use of such words. Your use of any of the Services is entirely at your own risk, for which we shall not be held liable. It shall be your own responsibility to ensure that any Services or information available through this Site meet your specific purposes.
"Applicable Law” means any local, municipal, provincial, state, federal and/or administrative laws, regulations, rules, policies, notices and/or guidelines and all other applicable laws in effect as of the date of your access of the Site, or at the date the application of such law is being considered, including all statutes, ordinances, decrees, regulations, municipal by-laws, judicial or arbitral or administrative or ministerial or departmental or regulatory judgments, orders, decisions, ruling or awards, and general principles of common and civil law and equity legally binding on the person or entity referred to in the context in which the word is used.
"Content" means any text, image, audio, video, or other forms of data or information used or displayed in connection with the Services. "User Content" means Content that users submit or transmit to, or in connection with the Services. "Play Globally Content" means Content that we create and publish in connection with the Services. "Third Party Content" means Content that originates from parties other than Play Globally or its users, which is made available through the Services. "Content" means all of the Content that is made available in connection with the Services, including User Content, Play Globally Content and Third Party Content.
“Services” mean any and all offerings made available via the Site or App.
Account - In order to use part or all of our Services, you may need to create a profile and register on our Site.
Permission to use the Services- You are permitted to use the Services subject to the restrictions set out in these Terms. Your use the Services is a t your own risk, including the risk that you might be exposed to Content you may find offensive, indecent, inaccurate, or objectionable. You hereby represent and warrant that you are (a) at least twenty-one (21) years of age, or older, as of the date of first access to our Services, and (b) that you reside in and/or are a citizen of the United States, both of which are required to use the Services.
Services Access - You agree that our Services may not always be error-free, continuous, or undisrupted. We may update, delete, disable, modify functionalities or otherwise discontinue the Services, in whole or in part, in our sole, absolute and unfettered discretion, and we do not guarantee that the Services will always be available, work, or be accessible at any particular time. We cannot guarantee that the Services will work as advertised, or that the Services will give you the desired results. You agree not to distribute or make available any Content found via our Services without our prior written authorization unless such act is done through sharing functionalities offered by our Services, and to only access Content through our Services or as otherwise authorized by us. Use of the Services from any place outside the United States is strictly prohibited. Users who violate the these Terms may have their account suspended indefinitely.
Compliance – Play Globally is not responsible for your violation of any Applicable Law while using our Site. You must comply with all Applicable Law regarding your use of our Services. We hereby reserve the right (but not the obligation) to remove and/or edit any Content you or other user posts on the Services, and we have the right (but not the obligation) to monitor and edit or remove any activity; thereby enacting the necessary measures to moderate any comments and to control user behavior within our Services.
User Accounts - You must create an account and profile and may be asked to provide certain information about yourself in order to use some features of the Services. You are responsible for the confidentiality of your account password and also for any activities that occur in connection with this account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason in our sole, absolute and unfettered discretion. In creating your profile, you represent and warrant that all information about yourself is accurate. You may not impersonate any other person. If you use a pseudonym as an online name, please note that other users may still be able to identify you if, for example, you include identifying information or if you use the same account information on other sites.
One Person per Account: As part of our commitment to ensuring a safe and secure digital environment Play Globally implements measures to validate that accounts reflect the correct identity of individuals who own them. You may not open an account in any name (a “Fake Name”) other than your own correct full legal name (“Correct Identity”). Play Globally reserves the right to immediately suspend and/or permanently block you and/or your account in the event it identifies information that is inconsistent with your Correct Identity. If you violate these Terms, you irrevocably acknowledge, agree and consent to the complete forfeiture of any virtual coins or other tokens associated with your account in the event Play Globally elects to suspended and/or block the account, along with any earned rewards or prizes. In addition to the foregoing, without limitation, you agree to the following conditions: (i) you are not permitted to have more than one account; (ii) your first name, last name, date of birth and home address must match the information on your government-issued identification; (iii) by creating an account, you understand and accept that Play Globally holds the right to request, for any reason whatsoever or no reason at all, i.e. random selection, the verification of your Correct Identity using a reputable third party at any time; and (iv) failure to provide information sufficient for validation of your Correct Identity may result in suspension and/or blockage of your account.
Communications from Play Globally and other Users - By creating an account, you agree to receive certain communications from us regarding your account.
Updates - Play Globally hereby reserves the right to update, modify, discontinue or terminate the Services at any time and in our sole, absolute and unfettered discretion. Any changes to these Terms will be displayed in the Site. Your continued use of the Services after the last effective date of amendment to these Terms – either by registration or simple use – indicates your acceptance of any modifications thereto.
Notwithstanding the foregoing, in the event of a material change to these terms, we will provide notice at least 30 days prior to the effective date of the change. If you have provided us with your email address, we will send email notification to you at the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new terms, you should stop using the Services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at [email protected] and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.
No Purchase Required to Play or Win:. The Services offer 100% free-to-play games for entertainment and the opportunity to earn various rewards via participation, totally unrelated to your game hand results. You also can receive free entry into any contests, sweepstakes or other prizes offerings made available via the Services.
Your use of, and any interaction with, the Services and Content must at all times comply with Applicable Law. You may not use the Services to bully other users, upload illegal material, modify Services Content, send spam or hack into user information. We will not tolerate, nor allow others to use any information from the Site, for the transmission of unsolicited bulk communication to any of our users or to any third-party. You may not access the Services to harvest and/or collect any information about our users, for any purpose.
Play Globally reserves the right, in its sole, absolute and unfettered discretion, to decide what data, Content, or information is published to, or removed from, the Services that is deemed to violate any of the above restrictions.
Ownership - We own the Play Globally Content including but not limited to visual interfaces and graphics, interactive features, design features, compilation, products, computer code, software, user review and ratings, and any and all other multimedia elements and/or components of the Site, excluding User Content and any Third Party Content displayed there. We own the copyrights, trademarks, trade names, trade secrets, service marks, patents and any and all other intellectual and proprietary rights whatsoever (hereafter, as applicable, “Intellectual Property”) associated with the Play Globally Content and the Services throughout the world and it is protected under Intellectual Property laws and any and all other applicable intellectual and proprietary rights. As such, you may not reproduce, modify, create derivative works or adaptations thereof, distribute, publicly display or in any way exploit any of the Play Globally Content, in whole or in part, except as expressly authorized by us or our affiliates in writing. Except as expressly set forth herein, we do not grant you any express or implied rights, authorizations or licenses, and any and all rights in and to the Services and the Play Globally Content are ours.
Limited License and Copyright - Subject to these Terms, Play Globally grants you a non-exclusive, non-transferable, limited right to access, use and display this Services and the visible text, graphics or images thereon (the “Materials”) and to view and download the Materials, only in connection with your personal and non-commercial use of the Site. This authorization is revocable at any time, in the sole, absolute and unfettered discretion of Play Globally, is not a transfer of title in the Materials, and is subject to the restrictions in the Terms.
Trademarks - The trademarks, logos and company names of Play Globally or any of its affiliates used on this Services may not be copied, imitated or used, in whole or in part, without the prior written consent of Play Globally or any such affiliate. Other products, services, logos and company names mentioned on this Services may be the trademarks of their respective owners. Except as expressly provided herein, Play Globally and its affiliates do not grant any express or implied Intellectual Property right or license to you under any Intellectual Property law.
Non-infringement - You may not post or otherwise make available to the Services any material that is protected by Intellectual Property laws without the express permission of the owner. You agree to assume sole liability and to indemnify Play Globally for any damage resulting from infringement of any third-party's Intellectual Property rights or any other harm resulting from your use of such infringing materials in connection with the Services.
In no event shall Play Globally or its affiliates, subsidiaries, assignees, successors, agents, licensors, suppliers or their respective directors, officers, employees and/or contractors be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, or lost profits, whether based on warranty, contract, tort, or any other legal theory, and whether or not you or we are advised of the possibility of such damages or losses. The foregoing limitation of liability shall apply to the fullest extent permitted by Applicable Law in the applicable jurisdiction. Play Globally’s maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the Services and any Services therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the Services and any Services therein during the 12 months prior to the action giving rise to such liability (if any); or (ii) USD$100 (one hundred US dollars), whichever amount is less. The use of this Services is at your own risk and Play Globally assumes no liability or responsibility pertaining to the Content, your use of the Site, or the receipt, storage, transmission, or other use of your personal information. Some jurisdictions do not allow exclusion or limitation of damages, so some or all of the above limitations may not apply to you. For New Jersey Residents: Nothing herein restricts the ability to recover damages, legal fees or costs where mandated by statute.
The materials and information accessible through this Services may contain inaccuracies and typographical errors. Play Globally and its affiliates make no representations or warranties about the accuracy or completeness of the materials or information accessible on or through the Services, or the reliability of any advice, opinion, statement, or other information displayed or distributed through the Services. You acknowledge and agree that any reliance on any of the foregoing shall be at your sole risk.
Your use of our Services is at your own risk, and therefore you hereby acknowledge and agree that we supply our services “as is” and “as available”, including all Content, software, materials, services, functions, and/or information made available through the Services. Play Globally is not responsible for any Content or information that you may find undesirable or objectionable. Play Globally hereby expressly disclaims any and all liability whatsoever arising out of or related to any purported facts or information and description of any products displayed on our Services, including all warranties of any kind, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement, and any damages suffered as a result of the use, inability to use, failure of, or any omissions or inaccuracies in, this website, any linked websites or linked social media platforms, or any of the services or content of the foregoing. Neither Play Globally, nor its affiliates, subsidiaries, assignees, successors, agents, directors, officers, employees, and/or contractors warrant that the Services will be error-free, uninterrupted, secure, or produce particular results, that any figures, competition, and/or game results and/or odds quoted are current, valid and/or un-expired, or that the information obtained therefrom will be reliable or accurate. No advice or information was given by Play Globally or its affiliates, subsidiaries, assignees, successors, agents, directors, officers, employees, and/or contractors shall create a guarantee.
If you are dissatisfied with the Services and the Content therein, or the Terms, your sole, and exclusive remedy, to the extent allowed by applicable law, is to discontinue the use of the Services.
You and Play Globally agree to resolve any dispute that arises out of these Terms or our Services (a "Claim") in accordance with one of the subsections below or as Play Globally and you otherwise agree in writing.
7.1. YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT (OTHER THAN SMALL CLAIMS COURT) OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION OR SMALL CLAIMS COURT. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF EQUIPMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION (OR IN SMALL CLAIMS COURT).
7.2. Informal Dispute Resolution Procedure. We are available at [email protected] to address any concerns you may have regarding these Terms or your use of the Services. Most concerns may be quickly resolved in this manner. You and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating an arbitration or small claims court suit. If you or we intend to seek arbitration or file a small claims court suit, the party seeking arbitration or small claims court must first notify the other party of the dispute in writing at least 45 days in advance of initiating the arbitration or small claims court suit (the “Notice Period”). Notice to Play Globally should be sent to 1060 La Mirada Court, Vista, CA 92008. The notice must include enough information to allow the receiving party to assess and attempt to resolve the dispute, including but not limited to, (i) the name, address, telephone number, and email address of the party seeking arbitration or small claims court, (ii) the product or service at issue, (iii) a description of the claim, (iv) the facts supporting the claim, (v) the damages claimed to have been suffered, and (vi) the relief being sought (the “Dispute Notice”). The Notice Period is designed to allow you or Play Globally to make a fair, fact-based offer of settlement if either party chooses to do so. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing arbitration or a small claims court suit. The statute of limitations shall be tolled while the parties engage in the informal dispute resolution process required by this Section 7.2.
7.3. Agreement to Binding Arbitration, Except for Small Claims Court. If the parties do not reach an agreed upon solution within a period of forty-five (45) days from the time a Dispute Notice is sent pursuant to Section 7.2 above, then either party may initiate binding arbitration (or bring an action in small claims court pursuant to Section 7.4 below). All Claims arising out of or relating to these Terms or the Services shall be finally settled by binding arbitration administered by JAMS in accordance with its then-effective rules for consumer disputes (“Consumer Rules”), excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the Consumer Rules. Except as stated to the contrary in Sections 7.4 or 7.6 below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or scope of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. 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 in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. In an arbitration, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees (collectively, “JAMS-related fees”), or $200.00 of such fees, whichever is less, and we shall pay the remainder of such fees. If the law allows for an award of attorney’s fees, expert witness fees, or costs incurred by you should you prevail in arbitration, an arbitrator may award them too. You will not be required to pay any fees or costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, JAMS-related fees and/or costs.
Each side may, but is not obligated to, make a written settlement offer, inclusive of damages and attorney’s fees itemized separately, at any time prior to 30 days before an arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an interim award on the claim. If the party receiving the offer doesn’t accept it, and the arbitrator awards the receiving party an amount of damages that is less than or substantially the same as the amount of damages offered, then the arbitrator shall limit any recoverable attorney’s fees to the amount incurred at the time of the offer, so long as the attorney’s fees tendered in the offer are substantially the same as the fees incurred as of the offer date.
The parties understand that, absent these mandatory provisions, they would have the right to sue in court (other than small claims court) and have a jury trial. They further understand that the right to discovery may be more limited in arbitration or small claims court; and review of an arbitration award (or small claims court judgment) also may be limited.
7.4. Small Claims Court Remains Available. Notwithstanding anything in these Terms to the contrary, for disputes within the jurisdictional limit of the small claims court in the county encompassing the dispute, either you or we can choose to bring an individual action in small claims court instead of proceeding in arbitration; furthermore, if the claims in any request or demand for arbitration could have been brought in small claims court, then either you or we may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party and JAMS of that choice in writing. You and we agree that, after receiving notice from you or us that the claims shall be decided by a small claims court rather than in arbitration, JAMS shall administratively close the case. Any disagreements regarding the jurisdiction of the small claims court or the interpretation or application of the provisions of this Section 7.4 specifically shall be decided by a court rather than an arbitrator; pending resolution of any such disagreements by a court, you and Les Mills agree that the arbitration shall be stayed. If the provisions in this Section 7.4 are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.
7.5. Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration or small claims court, either party may seek relief in a court of law (other than small claims court) for a claim arising under California’s Private Attorneys General Act.
7.6. Class Action and Class Arbitration Waiver. You and we acknowledge and agree that you and Play Globally are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. Further, unless both you and we s otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any class, collective, consolidated or representative proceeding. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this Section 7.6, then you and we agree that the Claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable Claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this section 7.6 cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies. Notwithstanding anything in these Terms to the contrary, all disputes related to the enforceability and applicability of this Class Action and Class Arbitration Waiver and the provisions of this Section 7.6 specifically shall be resolved by a court and not an arbitrator.
7.7. Exception – Mass Arbitration. Notwithstanding anything in these Terms to the contrary, if we receive 30 or more Dispute Notices related to the same or similar subject matter and sharing common issues of law or fact, and counsel for the individuals submitting the Dispute Notices are the same or coordinated, then if the disputes proceed in arbitration, they shall proceed in a coordinated manner, as follows: (a) counsel for the claimants and counsel for us shall each select five (5) cases to proceed in arbitration on an individual basis in a series of “bellwether” proceedings; (b) the remaining cases shall be stayed and/or held in abeyance until the first ten (10) have been fully and finally resolved; (c) if the parties are unable to resolve the remaining cases after the conclusion of the initial ten (10) “bellwether” proceedings, then each side may select another five (5) cases (or such fewer number as remain unresolved) to proceed in arbitration on an individual basis, with the remaining cases, if any, stayed and/or held in abeyance; and (d) this process shall continue until the parties are able to resolve all of the claims. If the provisions of this Section 7.7 are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.
7.8. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email: [email protected]. The notice must be sent within thirty (30) days of creating your account, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 7. If you opt-out of these arbitration provisions, we also will not be bound by them.
7.9. Exclusive Venue for Litigation. In the event that the arbitration provisions set forth in Section 17 are determined not to apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Diego County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in San Diego County, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the Services, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law..
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is Play Globally Inc., 1060 La Mirada Court, Vista, CA 92008. To file a complaint regarding the Services or to receive further information regarding use of the Services, send a letter to the above address or contact Play Globally via email at [email protected] (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.