Terms of Use
Last updated: May [15], 2022
1. Eligibility and Acceptance
These terms of service are entered into by and between you and Plaey, Inc., (“Plaey,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of Services, including, without limitation, Plaey’s online social wellness Platform, which connects you with real-life recreational experiences for reconnection, revitalization and renewal of your mental and social wellbeing.
“Services” means Plaey’s websites or mobile applications (collectively, the “Platform”), content, tools, functionality and other services. Please read the Terms of Service carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and by our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Services.
Services are not directed at children, but children may access and browse the Platforms without disclosing any personal information. Plaey does not knowingly collect personally identifiable information online from children who are under 13 years of age. Please visit www.ftc.gov/privacy/privacyinitiatives/childrens.html for more information about protecting children’s online privacy.
By using the Services, you represent and warrant that you are of legal age to form a binding contract with Plaey, are not associated with a company providing similar services, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
2. Updates to the Terms
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
In addition to these Terms of Service, certain plans, offers, products, services, elements or features may be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms of Service, provided that in the event of any conflict between such additional terms and the Terms of Service, the Terms of Service shall control.
3. Platform
a) Plaey’s Platform. Plaey’s Platform enable consumers to book, schedule, purchase, access and attend a wide range of fitness, recreational and wellness experiences (the “Experiences”) offered and operated by several independent hosts, fitness studios, gyms, hosts, venues or other third parties (collectively, “Venues”). Plaey itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate or control all of the Experiences that are offered at or through Plaey’s Platform. Plaey’s provides you with the opportunity to take these Experiences (each, a “Experience”) and receive guidance from hosts solely for your personal use. Experiences are available for a variety of skill levels, for a variety of activities, and for varying durations. Not all Experiences will be available in perpetuity and Experiences are subject to change at any time with or without notice and without any liability to you.
b) Membership Options and Plans. There are a number of ways to participate in Experiences through Plaey, such as various subscription plans, promotional plans, and non-subscription purchases. These options consist of different Experiences, Services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. Plaey makes no commitment on the quantity, availability, type or frequency at which such Experiences, content and features will be available to consumers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
c) Subscription Plans. To enjoy full access to the Platform and Experiences, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up. Your Plaey subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your Plaey subscription on June 5, your subscription will automatically renew on July 5. You must provide us with a current, valid, accepted method of payment (“Payment Method“). We may update the accepted methods from time to times. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms of Service and will continue indefinitely until canceled or terminated.
d) Use of Credits. Depending on the subscription plan you choose and purchase, you will be allotted credits to be used solely to book Experiences each Subscription Cycle. You can choose how you use your credits across the Platform for various Experiences available to you.
Credits expire at the end of each Subscription Cycle, meaning that any credits you don’t use during the applicable Subscription Cycle will not roll over into future months, unless we expressly communicate otherwise. You can see how many days you have left in each Subscription Cycle in your account settings. If your subscription is canceled or terminated your unused credits will expire immediately. There will be no refund or payment for any unused amount. When your cycle automatically renews for the next month, you’ll automatically receive your new allotment of credits. If you have any questions about how to use your credits, please contact us at hello@plaeyapp.com and we can help you.
Credits have no cash value or any other value outside of Plaey’s Platform and are not redeemable for cash. For the avoidance of doubt, the credits do not operate or serve as stored value facilities in any way. You may not transfer, trade, gift or otherwise exchange Plaey credits.
d) Experience Availability and Allocation. The exact number and type of Experiences you take during any Subscription Cycle will depend on the number of credits needed to book the particular Experiences you select. The number of credits needed to book a particular Experience will vary and is determined based on a variety of factors, including but not limited to Venue requirements, time of day, equipment, facilities, the number of times you’ve visited a studio in the cycle, location, pricing, popularity and other characteristics. For example, an Experience offered at a peak time is likely to require more credits to book than the same Experience offered in the middle of the afternoon. Or an Experience that uses equipment is likely to require more credits to book than an Experience without the use of any equipment. Furthermore, a Venue may require more credits for a certain Experience under certain circumstances, such as when the Venue makes only a small number of spots available to Plaey or after multiple visits in a cycle. The number of credits you need to book a particular Experience or service may change at any time or vary day to day depending on the factors described here. Plaey also reserves the right to change the number of credits you receive, including per cycle, plan, geography or otherwise; the number of reservations you can make; and/or the number of Experiences you can miss or cancel.
Plaey does not guarantee the availability of particular Venues, locations, Experiences, Services, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, credits, allocation and availability of Venues, Experiences, and other inventory offered, are determined by Plaey in its sole discretion. Plaey takes certain steps to release, promote and otherwise make available spots and inventory at varying times and in an ongoing and evolving way.
4. Accessing the Services; Account Registration and Security
We reserve the right to introduce, withdraw or amend Platforms, mobile applications, or any content, material, product offering or other Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including, without limitation, registered users.
Plaey Account. To access the Services or some of its resources, you may be asked to provide certain registration details or other information. When you sign up, you will be asked to create a password. You agree that the information you provide to Plaey at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. You agree that all information you provide to register for these Services or otherwise, including, without limitation, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your Plaey account is personal to you, and you agree not to create more than one account. You cannot transfer or gift Experiences or credits to third parties or allow third parties to use your Plaey account, including other Plaey users. You must not use or exploit the Platform and/or Experiences for commercial purposes. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. If you are using a public or shared computer, you also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We continually update and test various aspects of the Platform. We reserve the right to, and by using the Platform and/or Experiences you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Plaey may take actions we deem reasonably necessary to prevent fraud and abuse.
To use the Platform, you must have access to the Internet and may be required to download a Plaey mobile application to use some or all of Plaey’s features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Platform.
5. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including without limitation all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Plaey, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant you a limited, personal, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms of Service. You must not reproduce, distribute, license, sell, modify, create derivative works of, publicly display, publicly perform, republish, broadcast, download, store, or transmit any of the material accessible using our Services.
No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Plaey. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. Plaey’s name, marks including, without limitation, Plaey’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Plaey. You must not use such marks without the prior written permission of Plaey. All other names, logos, product and service names, designs, and slogans that may appear in the Services are the trademarks of their respective owners. You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Platform.
By installing, copying, or otherwise using the Platform or its software, you acknowledge that you have read and understood these Terms of Service, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Platform.
6. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
- In any way that competes with Plaey Service.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Harass, threaten, stalk, disrupt or defraud users, members or staff of Plaey or Venues or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment.
- Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account.
- Share Plaey’s passwords with any third party or encourage any other user to do so.
- Permit anyone to use any Experiences or Services booked under your own membership, including other members.
- Book or cancel any Experience directly with a Venue, rather than through the Platform.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (as described below) set out in these Terms of Service.
- To transmit, or procure the sending of, any mass advertising or promotional material, including, without limitation, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Plaey, Plaey’s employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Plaey or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Services, including, without limitation, their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including, without limitation, monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
7. Feedback
All Feedback must comply with the Content Standards set out in these Terms of Service. Any Feedback you post through the Services will be considered non-confidential and non-proprietary. By providing any Feedback, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, including, without limitation, for marketing purposes, in accordance with our Privacy Policy and your account settings.
You understand and agree that Feedback may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Plaey’ platform), including any Venue, may read or have access to your Feedback. Plaey is not responsible for the use or disclosure of any information that you disclose in connection with Feedback, including any personal information. Feedbacks are displayed for informational purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Plaey. You understand that all Feedback are the sole responsibility of the person from whom such Feedback originated. This means that you, and not Plaey, are entirely responsible for all Feedback that you upload, post, e-mail, transmit, or otherwise make available through the Platform.
You represent and warrant that:
- You own or control all rights in and to your Feedbacks and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your Feedbacks do and will comply with these Terms of Service.
We are not responsible or liable to any third party for the content or accuracy of any Feedbacks posted by you or any other user of the Services.
8. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any Feedback for any or no reason in our sole discretion.
- Take any action with respect to any Feedback that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that such Feedback violates the Terms of Service, including, without limitation, the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Plaey.
- Disclose your identity or other information about you to any Venue or third party who claims that material posted by you violates their rights, including, without limitation, their intellectual property rights or their right to privacy.
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Platform and Services for any violation of these Terms of Service.
- Terminate your access to all or any part of the Platform and Services at any time, with or without cause, with or without notice, effective immediately.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS PLAEY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted to the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any Venue, user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Third-Party Sites, Products and Services; Link.
Platform may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. Plaey does not endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Plaey makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Platform are solely between you and such third party. YOU AGREE THAT PLAEY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SITE.
10. Content Standards
The standards set forth in this section (the “Content Standards”) apply to any and all Feedback and use of Services. Feedbacks must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Feedbacks must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, or otherwise contain any content, materials, data or other information that is not lawfully provided to us.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
11. Copyright Infringement
We take claims of copyright infringement seriously and we will respond to notices of alleged copyright infringement that comply with applicable law. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. To be valid in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is: ___________. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including, without limitation, costs and attorneys’ fees) under Section 512(f) of the DMCA.
12. Information About You and Your Use of the Services
All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with such Privacy Policy.
13. Geographic Restrictions
We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. You are not permitted to access the Services from outside the United States.
12. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Platform, or otherwise through the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE PLATFORM, OR ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY POSTED MATERIAL, OR ON ANY PLATFORM LINKED TO THE SERVICES. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE PLATFORMS, THEIR CONTENT, AND ANY FUNCTIONS OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PLAEY NOR ANY PERSON ASSOCIATED WITH PLAEY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PLAEY NOR ANYONE ASSOCIATED WITH PLAEY REPRESENTS OR WARRANTS THAT THE SERVICES, THE PLATFORMS, THEIR CONTENT, OR ANY FUNCTIONS, INFORMATION, DATA OR OTHER ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKE(S) THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORMS OR ANY OTHER FUNCTIONS, INFORMATION, DATA OR OTHER ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, PLAEY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PLAEY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE PLATFORMS, ANY PLATFORMS LINKED TO THEM, ANY CONTENT OF THE SERVICES OR SUCH OTHER PLATFORMS, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnification
You agree to defend, indemnify, and hold harmless Plaey, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, without limitation, reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, without limitation, your Feedbacks, any use of the Services’ content, functions, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Platform.
15. Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. You agree that the Services, the Plaey Platform and all Platforms provided by or on behalf of Plaey do not give rise to personal jurisdiction over Plaey, either specific or general, in any jurisdiction other than the State of Florida. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the state or federal courts located in the State of Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Waiver and Severability
No waiver by Plaey of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Plaey to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
17. Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Plaey, Inc., regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
18. Your Comments and Concerns
The Services are operated by Plaey, Inc. All notices of copyright infringement claims should be sent to the copyright agent designated in these Terms of Service in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: hello@plaeyapp.com.