TERMS OF USE
PLAY SAVVY, INC.
TERMS OF USE
PLAY SAVVY, INC.
Effective Date: June 19th 2025
These Terms of Use (“Terms” or “Terms of Use”) are entered into by and between you (“you” or “your”) and Play Savvy, Inc. (“Play Savvy” “we” or “us”) and govern your use of the Platform (as defined below). Play Savvy is a skill-based competition where players compete against each other and the hosts to achieve superior scores using their relative knowledge, hand-eye coordination and dexterity, analytics, logic, and other skills to win prizes.
THESE TERMS CONTAIN IMPORTANT PROVISIONS RELATED TO YOUR RIGHTS AND CHOICES INCLUDING:
ARBITRATION – Limits your rights to sue in court.
CLASS ACTION WAIVER – Limits your rights to bring class action claims with other individuals.
AUTO-RENEWALS FOR SUBSCRIPTIONS – discuss auto-renewing payments and the cancellation process.
ACCEPTANCE OF TERMS; ELIGIBILITY REQUIREMENTS
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS LISTED BELOW, AND ACCEPT AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY, THESE TERMS IN FULL.
IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU OTHERWISE DO NOT MEET THE FOREGOING REQUIREMENTS IN ANY WAY, YOU MAY NOT ACCESS OR USE THE PLATFORM.
ELIGIBILITY REQUIREMENTS: You acknowledge that the following are all true:
You (a) are a natural person who is at least 18 years of age or higher if the age of majority in your jurisdiction is higher , and who is personally assigned to the email address submitted during your account registration; (b) have the power and capacity to enter into a contract with Play Savvy; (c) are physically located in a jurisdiction in which participation in the games offered on our Platform (defined below) is permitted and unrestricted by your jurisdiction’s laws; and (d) will abide by these Terms of Use at all times.
You do not already have an active Account (as defined below) to use our Platform;
You are not a citizen, domiciled in, resident of, or physically present / located in Iran, North Korea, Cuba, Syria, China, Afghanistan, Central African Republic (the), Congo (the Democratic Republic of the), Indonesia, Libya, Mali, Pakistan, Qatar, Russian Federation, Saudi Arabia, Somalia, Sudan, United Arab Emirates, Venezuela, or Yemen;
You are not an individual who is otherwise prohibited or ineligible in any way, whether in full or in part, under any law applicable, participating using our Platform; and
Your rights to use our Platform is not actively suspended or have not previously been terminated by us (without reinstatement).
OUR PLATFORM; ABOUT THE TERMS
Our “Platform” means, collectively: any website owned or operated by Play Savvy, Inc. (including the website currently located at www.playsavvy.live) and any and all features, functionality, tools and content available on or through each such website other than the Platform (collectively, the “Website”); any web, mobile or downloadable application owned or operated by Play Savvy, through which access to any component of the Platform is available (“Apps”).
Your access to and use of the Platform is governed by these Terms of Use and any other policies or community guidelines that we make available to you through the Platform or otherwise, in connection with your access or use of the Platform.
GAMES; CONTESTS; COMPETITIONS; RULES.
Each individual contest, competition, tournament, or game mode offered through the Platform (collectively, “Contests”) is governed by its own set of official rules, terms, and conditions (“Contest Rules”). The Contest Rules provide detailed information regarding, without limitation:
Eligibility requirements
Entry procedures
Scoring and winner determination
Entry fee amounts (if any)
Prize amounts and award conditions
Gameplay duration, start and end times
Powerup and bonus usage allowances
The Contest Rules are distinct from these general Terms and are made available to Users in a clear and accessible format prior to entry into any Contest. You will have the opportunity to review the applicable Contest Rules before submitting any entry or paying any related entry fee.
By entering a Contest, you expressly agree to be bound by the applicable Contest Rules in addition to these Terms. In the event of a conflict between these Terms and any specific Contest Rules, the Contest Rules shall govern solely with respect to that Contest.
Play Savvy reserves the right to amend, suspend, or cancel any Contest or set of Contest Rules at its sole discretion, provided that no such changes will affect Contests already in progress or for which entry has been completed, unless required by applicable law or regulation.
UPDATING TERMS
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and other guidelines or materials identified by us, to reflect changes in applicable laws and regulatory requirements relating to the use of Platform, or to implement technical adjustments and improvements, or to respond to market requirements. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. It is your responsibility to regularly check these Terms to stay informed of updates, as they are binding. We will indicate that the Terms have been updated by updating the “last updated” date at the top of these Terms. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
ACCESS AND USE; ACCOUNTS
Subject to your compliance with the Terms and timely payment of all related fees, Play Savvy grants you limited non-exclusive, non-transferable, non-assignable and non-sublicensable access to use the Platform solely as provided by Play Savvy and in the manner permitted by the Terms. In order to use the Platform, you must register for an Account (as defined below); and provide and maintain complete, accurate and up-to-date Account information. If the Platform requires use of a mobile application, you must download the respective mobile application on your smartphone or other mobile device. We reserve the right to modify or discontinue the Platform (including any specific features or games or game modes), in whole or in part, at any time, for any reason or no reason, with or without notice to you, and without any liability or obligation to you. We may develop and provide upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, “Updates”) for the Platform. All Updates are subject to the Terms. If you do not promptly download and install all Updates, portions of the Platform may not properly operate.
To use the Platform, you must register an account through the Platform (“Account”). When you create an Account, you agree to provide complete, accurate and up-to-date information and to update such information as necessary to ensure that it remains complete, accurate, and up-to-date.
You further agree to safeguard and not disclose your username or password to any third party, and to immediately notify Play Savvy of any unauthorized use of your Account. You are responsible for any activities or actions on or through your Account, whether or not you have authorized such activities or actions. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
Anti-Cheating Policy
6.1. Zero-Tolerance Policy on Cheating
We are committed to maintaining a fair, competitive, and engaging environment for all Users. Any form of cheating, exploitation, or manipulation of gameplay, platform features, or other players/users is strictly prohibited. By using the Services, you agree to abide by this Anti-Cheating Policy and acknowledge that violations may result in disqualification, forfeiture of prizes, suspension, or permanent termination of your Account.
6.2. Prohibited Conduct
Without limitation, the following actions constitute cheating or unfair play and are expressly prohibited:
Automated Gameplay: Using bots, scripts, or any automated means to participate in games or respond to questions..
Collusion: Coordinating answers or sharing information with other Users or third parties during live games to gain an advantage.
Multiple Accounts: Creating or using multiple accounts to participate in the same game session or to circumvent eligibility requirements.
Use of Unauthorized Tools: Accessing external databases, search engines, or other digital aids in real time during a trivia session.
Account Sharing: Permitting another person to access or control your account during gameplay.
Data Exploitation: Extracting, harvesting, or otherwise accessing internal game data or backend systems in an unauthorized manner.
Disruption or Tampering: Attempting to interfere with or disrupt the integrity of the platform, including the game mechanics, scoring systems, or live stream delivery.
6.3. Detection and Enforcement
We reserve the right to monitor all gameplay activity for suspicious behavior and employ automated and manual review mechanisms to detect cheating. Our detection methods may include but are not limited to:
Response time analysis
Geolocation and IP tracking
Anomaly detection
Cross-account behavioral analysis
If cheating is suspected, we may investigate the incident and take any of the following actions without prior notice:
Temporary or permanent suspension of your account
Disqualification from the current or future games
Forfeiture of any prize, reward, or credit obtained through dishonest means
Reporting to appropriate law enforcement authorities, where applicable
6.4. Appeals
If you believe your account was suspended or penalized in error, you may contact us at legal@playsavvy.live within 7 calendar days of receiving notice. Appeals must include a detailed explanation and supporting evidence. We reserve sole discretion in determining the outcome of all appeals, and our decision will be final.
6.5. Ongoing Compliance
We reserve the right to update this Anti-Cheating Policy at any time. Continued use of the Services following such updates constitutes your acceptance of the revised terms. You are responsible for reviewing this section periodically to ensure compliance.
USER CONTENT (YOUR CONTENT)
When you use the Platform, you may have the ability to upload your own content, including pictures, audio files or other content that you choose to make available through the Platform (“Your Content”). You agree that you are responsible for Your Content complying with these Terms, including that Your Content will not contain any Prohibited Content (as defined below).
Prohibited Content: You agree that Your Content shall not include any content that may reasonably (in our discretion) be considered to fall within any of the following categories (“Prohibited Content”):
Violates Laws or Regulations including content that is illegal, promotes illegal activities, or violates any local, state, national, or international laws.
Harassment or Abuse including any content that may be considered a form of harassment, abuse, threat, or to promote violence against any user, other individuals or groups.
Hate Speech including discriminatory remarks, or content that promotes racism, sexism, homophobia, transphobia, or any other form of bigotry.
Explicit Materials or Pornography including content that contains explicit materials or sexually suggestive content, including nudity or sexual acts or simulations thereof.
Violence or Gore including content that depicts graphic violence, gore, or any content that is excessively violent or disturbing or simulations thereof.
Third-Party Personal Information including content that divulges personal information of others without their consent, including but not limited to addresses, phone numbers, email addresses, and financial information.
Spam or Advertising including unsolicited advertisements, promotional materials, or any form of spam.
Impersonation including content that impersonates another person, entity, or falsely states or otherwise intentionally or unintentionally misrepresents your affiliation with a person or entity.
Malware or Phishing including content that contains viruses, malware, or any other harmful or disruptive code.
Infringing Materials including any content that infringes on the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets.
Misleading or False Information including content intended to spreads false, misleading, or deceptive information.
Self-Harm or Suicide including content that promotes or encourages self-harm, suicide, or any other form of self-injury.
We, at our sole and absolute discretion, may determine whether or not any of Your Content is considered Prohibited Content in violation of these Terms. The inclusion of Prohibited Content in Your Content may result in the removal of Your Content (as applicable), Suspension of your Account, or the termination of your Account.
User Content and Publicity Rights
Gameplay Recording and Use
By participating in any games, submitting words, sending chat messages, creating a username, or otherwise using the Platform, you acknowledge and agree that your activity may be recorded, stored, and used by the Company for purposes including, but not limited to, quality assurance, analytics, content moderation, and marketing.
Public Display and Promotional Use
You further acknowledge and agree that Play Savvy may use your username, gameplay content, chat activity, and submitted content—including game results, high scores, in-game messages, or other forms of participation—for public display, promotional content, advertising, social media posts, and other marketing purposes, in any format and through any media now known or later developed, without further notice or compensation to you.
Live Gameplay and Broadcast Features
Play Savvy may offer interactive features in which selected users may participate in live, real-time gameplay against a host or other users, which may involve the use of video and/or audio broadcasting (e.g., via webcam or microphone). By participating in any such feature, you agree to allow the Company to record, livestream, and publicly display your likeness, voice, username, and gameplay to other users and/or the general public.
Consent and License
By using the Platform, you grant Play Savvy a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, modify, publicly perform, publicly display, and create derivative works from your User Content—including any video, audio, usernames, chat messages, gameplay data, and submissions—for any lawful business purpose, including promotional and commercial uses. You waive any moral rights you may have in such content to the extent permitted by applicable law.
Privacy Considerations
While we take reasonable steps to protect personal information in accordance with our Privacy Policy, you should not share any sensitive personal data through usernames, chat messages, or video/audio features. Participation in these features is entirely voluntary. If you do not wish to be recorded or broadcasted, you should refrain from using those features.
NO ENDORSEMENTS
USER CONDUCT GUIDELINES
You warrant that you shall not directly or indirectly, attempt to or actually:
access or use the Platform to violate any laws or regulations or infringe the rights of any third party (including intellectual property, privacy or publicity-related rights);
access, copy, distribute, share, publish, use, store or prepare derivative works from any Platform content for purposes that are inconsistent with the Terms, or lease, distribute, license, sell or otherwise commercially exploit or transfer or grant rights in or to the Platform to any third parties;
circumvent our systems (including by attempting to access or use the Platform if you have been temporarily or permanently prohibited or blocked from using the same);
interact with the Platform by “scraping,” “crawling” or “spidering” the Platform by any other means and other than through the currently available, published interfaces that are provided by Play Savvy;
use, display, mirror or frame the Platform in whole or in part, or any Play Savvy Marks (as defined below) or other proprietary information, without Play Savvy’s express written consent;
make any statements or implications that you are endorsed or have any partnership with Play Savvy;
misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
submit any Prohibited Content as part of Your Content;
use any other users’ content uploaded to the site, including to use such content as Your Content, or otherwise copy, reproduce, disseminate, or use such content in any capacity outside what is authorized as part of your standard use of the Platform;
harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
interfere with, disrupt, damage or compromise the Platform or our systems or the access of any User;
attempt to reproduce, decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Platform;
act in any way that may be harmful to Play Savvy or to Play Savvy’s reputation; or
otherwise abuse the Platform or violate or breach the Terms.
Play Savvy reserves the right to monitor access to or use of the Platform by any user, and to investigate and prosecute all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law. We may also refer complaints to the appropriate law enforcement agencies. You agree to cooperate with and assist Play Savvy or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.
PAYMENTS; AUTO-RENEWAL
Purchases and Subscriptions: When you use our Platform, you may make purchases, including with respect to subscriptions for certain features (a “Subscription”) we offer through our Platform. You may also be able to purchase cosmetic items and gameplay enhancements as set forth below. IF YOU PURCHASE A SUBSCRIPTION, SUCH SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A RECURRING BASIS UNTIL YOU CANCEL AS INDICATED TO YOU UPON CHECK-OUT. See details about the subscription “Super Savvy” below. If you make a purchase through the Platform, you agree to pay the prices displayed to you for the respective purchase (including any recurring Subscription) and authorize Play Savvy or its respective payment processor to charge the payment method you provide. Play Savvy may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made, Play Savvy may terminate your Account immediately in its sole discretion, on the basis that you have determined that you do not want a Subscription. For questions, please contact us in accordance with the Section 18 below.
Subscription Cancellation: To cancel your Subscription.
You acknowledge that our Platform does not require a Subscription and that canceling your Subscription does not automatically remove your Account from the Platform. Please see the Section 16 below regarding how you may terminate your Account.
Purchases of Cosmetic Items. From time to time, the Platform may offer you the ability to purchase or unlock virtual items intended solely for cosmetic or expressive purposes within the Platform, including but not limited to avatars, avatar frames, animations, usernames, visual effects, or other personalization features ("Cosmetic Items"). Cosmetic Items do not affect gameplay, scoring, or outcomes in any competition and do not provide any functional advantage to the player.
License Grant. Subject to your compliance with these Terms, Play Savvy hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Cosmetic Items solely within the Platform for your personal, non-commercial use. You acknowledge that Cosmetic Items are licensed, not sold, and that no title or ownership interest in any Cosmetic Item is being transferred or assigned to you.
Restrictions. Cosmetic Items may not be sold, transferred, traded, gifted, or exchanged for real-world currency, value, or consideration, either inside or outside the Platform. Any attempt to do so may result in suspension or termination of your account and forfeiture of the Cosmetic Items in question.
No Refunds. All purchases of Cosmetic Items are final and non-refundable. Cosmetic Items have no monetary or real-world value and are not redeemable for cash or prizes. Play Savvy makes no representations or warranties as to the continued availability of any Cosmetic Item or related feature.
Modification or Removal. Play Savvy reserves the right to modify, discontinue, remove, or adjust the appearance or availability of any Cosmetic Item at its sole discretion, without liability to you. Such changes shall not entitle you to any refund or other compensation
Purchases of Gameplay Enhancement Items ("Powerups") and Limited License Grant.
Powerups. The Platform may offer you the ability to obtain or purchase gameplay enhancement items ("Powerups") designed to augment or enhance the user experience without guaranteeing a specific outcome. The Powerups are game-specific (designed to specifically enhance a particular game experience). Current Powerups for the word-based game may include, but are not limited to:
Second Guess – Grants you an additional attempt in the same row, usable only if the row contains no correct letter placements ("green" letters).
Bomb – Eliminates letters from the on-screen keyboard that are not present in the current puzzle word.
Letter Finder – Reveals one incorrectly placed but correct letter ("orange" letter) on the keyboard.
Extra Row – Adds an additional row to your active game board.
Streamer Sabotage – Removes one row (1 of 5) from the Streamer’s (host’s) game board; may require collective player activation.
License Grant. Subject to your compliance with these Terms, Play Savvy grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use Powerups within the games offered on the Platform solely for your individual, non-commercial use. Powerups are licensed, not sold, and you obtain no ownership rights or title to any Powerup.
No Guaranteed Advantage. Powerups are designed to enhance gameplay opportunities and provide strategic options but do not ensure a win, higher score, or any other competitive outcome. All Contests on the Platform remain games of skill. Powerups must be used in accordance with the particular game’s rules and mechanics, and their impact is subject to players’ own decision-making, strategic analysis, and performance.
Restrictions. Powerups may not be transferred, sold, traded, gifted, or exchanged for cash, real-world value, or consideration. We may suspend or terminate any account found to be violating this restriction. Powerups may not be used to disrupt gameplay, exploit system mechanics, or unfairly alter the experience of other players.
Modification or Removal; No Refunds. All Powerup transactions are final. Powerups have no real-world value and are not redeemable for money or prizes. Play Savvy does not guarantee the continued availability of any specific Powerup and reserves the right to modify, disable, or remove Powerups at any time without compensation. Play Savvy reserves the right to add, modify, rebalance, or discontinue Powerups at its sole discretion. Any such changes shall not entitle players to a refund or credit for previously acquired Powerups.
Colored usernames or containers
A “Super Savvy” icon next to the username
Exclusive profile avatars and avatar borders
Exclusive “winner” animation
Double cash reward potential in eligible Money Games
Cash reward potential in Qualifier Games
Powerups periodically provided without separate payment
Personalized shout-out from the Host during the stream
Unlimited access to practice games
Ability to customize the Play Savvy home screen icon
Complete removal of third-party network advertisements
Players may support Hosts during live shows by making voluntary donations or tips via in-game interactions. These donations may trigger on-screen animations, acknowledgments, or shout-outs. Where a donation or collection of donations meets a designated threshold, certain gameplay modifiers may be activated for the Host, including:
• Temporary XP decrease
• Reduced time to respond to questions
• Removal of a row from the Host’s board
These features are intended solely for entertainment purposes and do not influence the outcome of skill-based contests for participants. Participants must still exercise their own skills to prevail and achieve the highest scores, which will then enable them to win prizes. Donations are non-refundable. Play Savvy may set thresholds, limit activation frequency, or disable donation-based features at its discretion.
The Platform may offer an XP-based progression system in which players earn experience points (XP) through gameplay activity. XP accumulation may entitle players to receive digital items, cosmetic enhancements, or other non-cash rewards upon reaching certain milestones. These rewards are for entertainment purposes only and do not affect a player’s chance of success in skill-based contests. Play Savvy may adjust XP thresholds, rewards, or eligibility criteria at any time.
The Platform may display advertisements through third-party ad networks, subject to the player’s subscription status. Advertisement types may include:
Rewarded Video Ads (~30 seconds) – May offer Users in-game rewards such as double or triple contest rewards, free practice games, Powerups, random avatars, or free virtual currency.
Medium Rectangle (MREC) Ads – May be displayed during lobby or waiting periods.
No banner ads or interstitial ads (full-screen interruptions) will be used. Players with active Super Savvy subscriptions will not see ads from third-party ad networks.
Sponsored Brand Integrations. The Platform may feature sponsorships or brand partnerships, which may include:
• Display of brand content during lobby countdown timers
• Host verbal or visual acknowledgment of sponsor products during live shows;
• End-of-stream statements identifying the sponsor (e.g., “This show is powered by [Sponsor Name]”)
All brand integrations will comply with applicable FTC disclosure requirements. Sponsorship content does not affect the outcome of any game, contest, or competition.
Payment Card Information: You represent and warrant that you are authorized to provide the payment information you present as part of the payment method, and that there are the necessary funds available to make any respective payments including with respect to Subscriptions. You agree that you will keep such payment information up to date.
PRIZES.
Verification. Play Savvy reserves the right to determine, in its own discretion, when to deliver a prize to the winning player. All Contests are subject to review and verification, and Play Savvy reserves all rights to review and verify all winners’ activities. Without limitation, winning outcomes that are achieved through gameplay bugs, cheating, or other means that are unfair, illegal, or otherwise prohibited under these terms will be void.
Delivery. Subsequent to successful verification, the winning player will receive confirmation of prize from Play Savvy. The prize will then be deposited to the Player’s account or otherwise delivered to them at the address provided at account creation.
Play Savvy retains absolute discretion to award prizes and if a player is determined not to be eligible for a prize (even if they already reached a “winning outcome” on the show), then Play Savvy shall not pay out or deliver any prize, and shall have no liability whatsoever to the player.
INTELLECTUAL PROPERTY OWNERSHIP
Play Savvy IP: The Platform, including the Website, Apps, games, contests, and competitions made available to you, and all features, functionality, tools and content thereof, are protected by copyright, trademark, patent and other laws of the United States. You acknowledge and agree that as between you and Play Savvy, the Platform, all associated documentation, and all intellectual property rights therein, and all trade names, logos, and other trademarks and service marks associated with Play Savvy (whether or not registered, the “Play Savvy Marks”) are the exclusive property of Play Savvy (collectively, the “Play Savvy IP”). You shall not remove, alter or obscure any Play Savvy Marks, patent marking, or other proprietary rights notices incorporated in the Platform, or use the Play Savvy Marks without our prior written consent. No licenses or rights are granted to you by implication or otherwise in or to any Play Savvy IP or any other intellectual property rights owned or controlled by Play Savvy or its licensors, except as expressly provided in the Terms. All rights not expressly granted to you by the Terms are hereby reserved by Play Savvy.
By uploading, sharing or storing Your Content on or through the Platform, you hereby grant Play Savvy a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display Your Content in any and all media as necessary to provide the Platform and applicable functionality to you and otherwise operate the Platform, including for Platform-related product development and de-bugging purposes. You represent and warrant that you have all the rights, power and authority necessary to grant Play Savvy the rights granted herein to Your Content, and that neither Your Content, nor Play Savvy’s use of Your Content as contemplated by these Terms, will infringe, misappropriate or violate the rights of any person or entity or result in the violation of any applicable law or regulation. You acknowledge and agree that you are solely responsible for Your Content, and for any consequences thereof, including the use of Your Content by other Users.
Your Content: Your Content and all intellectual property rights therein, are owned by you. Except for the license granted to Play Savvy in these Terms, no other rights are granted to Play Savvy in or to Your Content. Notwithstanding anything to the contrary, you agree that Play Savvy may access, preserve, and disclose Your Content and Account information, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property or personal safety of the Play Savvy or any other person.
Feedback: If you choose to provide us with feedback, comments, ideas and suggestions for improvements, enhancements or modifications to the Platform (“Feedback”), you agree that all such Feedback will be the sole and exclusive property of Play Savvy. You hereby irrevocably transfer and assign to Play Savvy all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein.
DIGITAL MILLENNIUM COPYRIGHT ACT
Play Savvy has adopted the following “Copyright Compliance Policy”. If you or any user of the Platform believes its copyrights have been infringed, the respective copyright owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
Identification of the copyrights claimed to have been infringed;
Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s copyrights that is to be removed and information reasonably sufficient to permit us to locate such materials;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our “Designated Agent” for notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Play Savvy, Inc.
Attention DMCA Notice
Email: legal@playsavvy.live
Once notice is received, we will act expeditiously to review and, if necessary, to remove content on the Platform that infringes the copyrights of others and may disable the access to the Platform of anyone who uses them to repeatedly infringe the copyrights of others. We are not liable for any such removal and the claims of the Complaining Party may be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take the protection of copyrights, both our own and others, very seriously.
PRIVACY
We process information about you in accordance with our privacy policy found at http://www.playsavvy.live/legal/privacy.html (“Privacy Policy”). By accessing or using the Platform, you warrant that you have read and understand our Privacy Policy. You understand that your use of the Platform will result in our collection of data and information you generate, that we may use such data and information in an aggregated and anonymized way pursuant to our policies and in compliance with applicable law, and that such aggregated and anonymized data and information does not constitute Your Content.
DOWNTIME
Play Savvy uses commercially reasonable efforts to provide access to the Platform in a reliable and secure manner. From time to time, interruptions, errors, delays, or other deficiencies in providing access to the Platform may occur due to a variety of factors, including planned outages to maintain and enhance the Platform, as well as outages outside of Play Savvy’s control (collectively “Downtime”). If the Platform is unreachable due to Downtime, then you may not be able to use the Platform as intended. Play Savvy shall not be liable or responsible to you for any inconvenience, losses or any other damages as a result of Downtime and you hereby waive any claim against Play Savvy resulting from any Downtime.
DISCLAIMERS
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE”, AND “WITH ALL FAULTS,” AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND RELATED TO THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM, INCLUDING ANY TEXT, DATA, RECORDS, INFORMATION AND OTHER CONTENT THAT MAY BE STORED, SHARED OR OTHERWISE MADE AVAILABLE OR CAUSED TO BE MADE AVAILABLE BY PLAY SAVVY OR BY USERS ON OR THROUGH THE PLATFORM, WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING UPTIME OR AVAILABILITY OF THE PLATFORM. NOTHING CONTAINED ON THE PLATFORM SHALL BE CONSTRUED AS PROVIDING CONSULT OR ADVICE TO YOU. WITHOUT LIMITING THE FOREGOING, PLAY SAVVY DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE PLATFORM, (II) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, AND (III) ANY CONTENT UPLOADED, ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING YOUR CONTENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY & INDEMNIFICATION
IN NO EVENT WILL PLAY SAVVY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLAY SAVVY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. WITH RESPECT TO ANY DIRECT DAMAGES, OR IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, PLAY SAVVY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MONEY YOU HAVE PAID TO PLAY SAVVY IN THE IMMEDIATELY PRECEEDING 12 MONTH PERIOD OR TWENTY-FIVE U.S. DOLLARS ($25.00), WHICHEVER IS GREATER. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLAY SAVVY AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Play Savvy, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Platform, (ii) Your Content, (iii) any interactions with any other user of the Platform, (iv) your breach of the Terms, and (v) your gross negligence or willful misconduct.
GOVERNING LAW; DISPUTE RESOLUTION CLASS ACTION WAIVER
IMPORTANT: This paragraph affects your legal rights. Your use of the Platform is subject to mandatory arbitration and a class action waiver as set forth in this paragraph. You may opt out of either waiver by providing written notice in accordance with this paragraph.
The Terms shall be governed by and interpreted in accordance with the laws of Delaware without regard to conflict of law principles.
All Disputes, claims, controversies and subject matters relating to or in connection with these Terms (or the breach thereof) hereunder shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in the State of Delaware, or remotely if agreed by all parties, before a single neutral arbitrator appointed in accordance with the relevant AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
You have the right to opt-out and not be bound by these arbitration and waiver of class action provisions by sending written notice of your decision to opt-out to legal@playsavvy.live within thirty (30) days of your earliest use or access of the Platform.
Subject to the above arbitration provisions, you and Play Savvy agree that any and all disputes, claims and actions, at law or in equity, arising out of or relating to or in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Platform (collectively, “Disputes”) in the federal or state courts located in the State of Delaware and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Play Savvy also may seek injunctive or other equitable relief in relation to breach of these Terms (including but not limited to protecting the Play Savvy IP) in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
EXCEPT WHERE PROHIBITED UNDER APPLICABLE LAWS, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE ARBITRATION AGREEMENT PROVIDED FOR IN THIS SECTION MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.
ACCOUNT SUSPENSION
Play Savvy may, directly or indirectly, suspend, terminate, or otherwise deny your access to or use of all or any part of the Platform, without incurring any resulting obligation or liability, if: (a) Play Savvy receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Play Savvy to do so; or (b) Play Savvy believes, in its discretion, that: (i) you have failed to comply these Terms in any manner, or accessed or used the Platform beyond the scope of the rights granted or for a purpose not authorized under these Terms; or (ii) you have been, or are likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with the Platform (any such suspension referred to herein as a “Suspension”). This Section does not limit or waive any of Play Savvy’s other rights or remedies, whether at law, in equity, or under these Terms.
If and when the Suspension is removed, there will be no retroactive compensation provided for such Suspension. We will notify you of a Suspension via to the current email address and/or other contact options provided by you as part of your Account. If your Account access remains suspended for more than 180 days, then we may terminate the Account.
In addition, you shall be deemed by us to have an “Abandoned Account” if such you do not login to your Account at least one time in any given six-month period. If your Account becomes an Abandoned Account, then we will attempt to notify you via email and/or other contact options provided by you. If you do not login to their account at least one time within the subsequent 30-day period, the Account may be terminated and all funds associated with the Account may be forfeited.
ACCOUNT TERMINATION
If you wish to terminate your Account, you may simply discontinue using the Platform. You may also contact us to request Account termination and closure.
Without limiting any rights to Suspensions above, we may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to limit, deactivate or cancel your Account and take technical and legal steps to prevent you from using our Platform at any time for any reason, including but not limited to your failure to comply with the Terms, or for no reason (in which case you will be entitled to a pro rata refund of any prepaid fees, less any unbilled fees incurred prior to the effective date of termination). When an issue arises, we reserve the right to consider your Platform use history and the specific circumstances in applying our policies and making related determinations.
If you terminate your Account for any reason, or if we terminate your Account due to your breach of the Terms, such termination will be effective immediately, and you will be immediately billed for any unbilled fees incurred prior to the effective date of termination. Except as expressly provided herein, you will not receive a refund for any amounts you already paid for that billing period. Further, you agree to reimburse us for any collection costs and maximum statutorily-permitted interest for any overdue amounts.
NOTICE
For questions or notices related to the Platform or these Terms, please contact us at legal@playsavvy.live
SPECIAL STATE TERMS
Under California Civil Code Section 1789.3, players who are California residents are entitled to the following specific consumer rights notice:
The provider of this electronic commercial service is:
Play Savvy, Inc.
Play Savvy, Inc.
9041 Garland Rd #1042
Dallas, TX 75218
United States
legal@playsavvy.live
+1 214-225-0485
If you have a question or complaint regarding the Platform (electronic commercial service), or to receive further information regarding use of the Platform, please contact Play Savvy at the contact information listed above.
California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:
Consumer Information Division
California Department of Consumer Affairs
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone: (800) 952-5210
Website: www.dca.ca.gov
MISCELLANEOUS
These Terms constitute the entire and exclusive understanding and agreement between you and Play Savvy regarding your access to and use of the Platform and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Play Savvy and regarding the subject matter hereof.
You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our prior written consent. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
Our failure to exercise any right or enforce any obligation under these Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach, and the exercise by either party of any of its remedies under the Terms will be without prejudice to its other available remedies.
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms shall survive such expiration or termination.
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