1. Acceptance. By using the Website (www.playu.io) or our App in any manner, you are bound by these Terms and Conditions, as well as the Incorporated Terms identified below (collectively, the “Terms”). If you do not agree to the
Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the
entity agrees to be legally bound by the Terms, and (c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
2. Scope. These Terms govern your use of the Website or the app. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own Terms and Conditions.
3. Incorporated Terms. The following policies, guidelines, and agreements (“Incorporated Terms”) are hereby incorporated into, and form an integral part of, the Terms to which you are agreeing to be bound:
- Acceptable Use Policy
- Mobile App Terms
4. Contracting Entity. “PlayU” means the PlayU entity with which you are entering into these Terms. If you have previously entered into an agreement with a PlayU entity, then “PlayU” means that entity.
5. Certain Definitions.
- “Order Form” or “Order” means one or more PlayU order forms executed by the parties for the purchase of Services and that reference these Terms.
- “Services” means all PlayU products, services, and materials located on or accessible through the Website or otherwise described in an Order.
- “Third-Party Products” means any third-party information, website, product, service, or materials referenced in, accessible through, or provided in connection with, the Website or Services.
- “Website” means the PlayU website located at www.PlayU.com (including all associated internet country codes), together with all PlayU websites and webpages accessible there, and the Account control panel.
1. Minimum Age. The Services and Website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Services and Website are not intended
to be used by individuals under the age of 18. If you do not qualify, please do not use the Services or access the Website.
2. Registration. In order to use the Services, you must establish a Services account (“Account”) by registering with PlayU. You may be required to submit a valid means of payment for which you are authorized to purchase Services.
You will provide true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration
process, you will provide PlayU with a user name and password for your Account (together “Account Credentials”). PlayU reserves the right to refuse registration of, or cancel, accounts that violate these Terms or PlayU’s Acceptable
1. Generally. You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account Credentials and all actions taken in association
therewith. You will not share your Account Credentials with any third party.
2. Payment Cards. PlayU is responsible for the security of credit cardholder data to the extent that PlayU has control of that data. To that end, PlayU undertakes regular assessments consistent with the applicable Payment Card
Industry Data Security Standards (“PCI”). You represent and warrant that you will determine the PCI merchant requirements applicable to you and your use of the Services.
3. Checkout Environment; PCI. PlayU will provide a secure environment (including appropriate technical, physical and organizational security measures and safeguards) for customer data stored and processed via the standard PlayU
checkout (“Customer Data”) in order to protect Customer Data from unauthorized access and use. PlayU’s secure environment is certified under the Payment Card Industry Data Security Standard. PlayU will maintain PCI certification
for the designated portions of the Services that you use to store and process credit card data, subject to the following (each a “PCI Compliance Condition”): (i) you comply with PlayU documentation and in-product notifications,
and (ii) you use a PlayU checkout environment that has not been modified except through the PlayU control panel. To the extent permitted by applicable law, PlayU excludes and disclaims any liability related to the unauthorized
use of Customer Data, including liability due to PCI noncompliance, in the event any PCI Compliance Condition is not satisfied. For example, you will be solely liable for PCI compliance with respect to modifications to the
checkout environment, including modifications via apps or a developer, modifications of PlayU's distributed open source checkout code in any manner that could result in or contribute to PCI noncompliance, use of a checkout
environment not provided by PlayU, or use of a payment provider for which PlayU does not provide an integration.
4. Use Restrictions.
This is an agreement for Services, and you are not granted a license to any software by these Terms. Except as permitted and non-excludable under applicable law, you will not, directly or indirectly: reverse engineer, decompile,
disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”);
modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software;
use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
5. Intellectual Property.
1. User Content.
- License. We do not claim any intellectual property rights over the content you provide to PlayU. All of your content remains yours. When providing content using the Services (directly or indirectly), you grant us a non-exclusive,
worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral (where permitted), database, and/or other intellectual property rights (collectively,
"IP Rights") you have in that content or associated with your store in connection with our provision of the Services, in any media known now or developed in the future.
- Representations and Warranties. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and
warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and
will not infringe any IP Rights of any third party. To the extent permitted by applicable law, PlayU takes no responsibility and assumes no liability for any content provided by you or any third party.
2. PlayU Content.
- Restrictions. All rights not expressly granted by PlayU to you in these Terms are hereby reserved by PlayU. There are no implied rights save to the extent rights cannot be excluded by applicable law. You may not use, imitate,
or copy, in whole or in part, any PlayU trademark, service mark, trade dress, logo, or other branding (collectively, “Marks”) without, in each instance, PlayU’s prior written consent, in PlayU’s discretion. All permitted
use of PlayU’s Marks will inure to the benefit of PlayU.
- Ownership. As between the parties, the Website and Services, including, without limitation, any and all APIs, Software, documentation, images, video, content, logos, page headers, custom graphics, design and user interface
elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all IP Rights associated with any of these materials (collectively,
"PlayU IP") are owned by PlayU and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the PlayU IP other than the right to use the Services, in compliance with the Terms, during
the applicable subscription period.
3. Feedback. You may provide PlayU with ideas, opinions, recommendations, feedback, or advice in connection with your use of the Services (collectively, "Feedback"). If you submit Feedback to PlayU, you hereby grant PlayU an irrevocable,
perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate,
publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and (b) use, and permit others to use, Feedback in
any manner and for any purpose (including, without limitation, commercial purposes) that PlayU deems appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into any technology,
product or service).
1. Indemnification. You will defend, indemnify, and hold PlayU and its suppliers and affiliates, and the respective directors, officers, employees and agents of each, harmless from and against any and all claims, losses, damages,
liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms, the User Content, or use by you or any third party (authorized,
permitted or enabled by you) of the Services, except to the extent the foregoing directly result from PlayU’s own gross negligence or willful misconduct. PlayU reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you. This Indemnification Section will survive any termination or expiration or these Terms.
7. Discussion Areas.
1. No Warranty. PlayU makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available through or in connection with the Services (collectively,
"Discussion Areas") or with respect to any information or materials contained in the Discussion Areas. Your use of, or reliance upon, any such information or materials is at your sole risk.
2. Your Postings. All information, content, or materials you post to a Discussion Area must comply with the Acceptable Use Policy. PlayU will have no obligation to monitor the Discussion Areas, but may do so at its discretion and
may delete, move, or edit any information or materials in the Discussion Areas.
8. Arbitration Agreement, Class Action Waiver and Mediation.
1. Purpose. This Arbitration Agreement and Class Action Waiver (“Arbitration Agreement”) facilitates the prompt and efficient resolution of any disputes that may arise between you and PlayU. For the purpose of this Arbitration
Agreement, “PlayU” means PlayU, Inc., a Texas corporation, and each of its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. This Arbitration Agreement
applies to these Terms and any other agreement you may have with PlayU.
Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having
such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in
a court, either before a judge or jury.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and PlayU will be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement,
you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).
Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration
award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
The term “Dispute” means any dispute, claim, or controversy between you and PlayU regarding any aspect of your relationship with PlayU, whether based in contract, statute, regulation, ordinance, tort (including, but not limited
to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement
(with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
2. Pre-Arbitration Dispute Resolution. For all Disputes you must first give PlayU an opportunity to resolve the Dispute. You must commence this process by mailing written notification to: (PlayU) That written notification must
include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If PlayU does not resolve the Dispute to your satisfaction within 45 days after it receives
your written notification, you may pursue your Dispute in arbitration.
3. Arbitration Procedures. If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or PlayU may initiate arbitration proceedings. The American Arbitration
Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration, and
will in no event be commenced as a representative or class arbitration. All issues will be for the arbitrator to decide, including the scope of this Arbitration Agreement.
9. Anti-Corruption, Export and Sanctions Compliance.With respect to these Terms, you represent, warrant, and covenant that you:
1. have not and will not violate, or cause any party to be in violation of, any applicable anti-bribery or anti-corruption law (including, but not limited to, the UK laws, anti-kickback laws, anti-money laundering and anti-terrorist
financing laws, sanctions, embargoes, export controls, import controls, anti-fraud laws, or any other applicable law, regulation, or order (collectively, “Applicable ABAC Laws”);
2. have not and will not with a corrupt, improper, or illegal intention directly or indirectly (through third parties) pay, provide, promise, offer, authorize, solicit, or accept any money, gift, hospitality, entertainment, favor,
financial advantage, or other thing of value to or from any individual, organization, political party, or entity whether in the public or private sector in any country in order to obtain, retain, or direct regulatory approvals,
licenses, permits, business, contracts, investments, sales, tax or duty assessments, import or export clearances, foreign exchange clearances, or other advantages;
3. shall cause all of your employees, officers, directors, agents, contractors, vendors, and partners (collectively, “Relevant Parties”) to comply with all of the terms contained in this Anti-Corruption, Export and Sanctions Compliance
4. shall secure all necessary export/sanctions licenses or authorizations to the extent applicable and necessary;
5. shall implement an effective, risk-based compliance program and necessary internal controls (including, but not limited to, conducting sanctions screenings of your Relevant Parties and customers) to ensure compliance with Applicable
ABAC Laws and this Anti-Corruption, Export and Sanctions Compliance Section;
6. shall review and adhere to PlayU’s Company Associate Compliance Guide if provided by PlayU; and
7. shall reasonably cooperate with PlayU to (a) ensure compliance with sanctions, embargoes, and other Applicable ABAC Laws and/or (b) review and remediate actual or potential violations of sanctions or other Applicable ABAC Laws,
including, but not limited to, suspending or terminating the supply of products or services to customers or other persons that appear on a Sanctions List or are otherwise the target of sanctions and other similar restrictions.
A violation of the foregoing representations, warranties, or covenants will constitute a material breach of these Terms, and, in the event of such a violation, PlayU may, at its sole option, terminate these Terms for cause and
without further liability or obligation on the part of PlayU. Any such breach will entitle PlayU to seek to be indemnified by you and/or obtain injunctive and other emergency or equitable relief, in addition to any other remedies
which may be available under applicable laws.
10. CGA Terms.
1. Modifications. PlayU reserves the right, in its discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. PlayU will notify you of Changes by sending an email to the address
identified in your Account and by posting a revised version of the Terms incorporating the Changes to its Website. Your continued use of the Website or Services following notice of the Changes (or posting of the Terms incorporating
the Changes in the event your email address is no longer valid, is blocked, or is otherwise not able to receive the notice) will mean that you accept and agree to the Changes. Such Changes will apply prospectively beginning
on the date the Changes are posted to the Website.
2. Term; Termination.
- Term. The Services will be provided to you for the duration of your Services subscription or Order Form, unless earlier cancelled by you or terminated by PlayU. You may cancel your Services subscription at any time. These Terms
will automatically terminate upon the cancellation of all of your Services subscriptions. PlayU may terminate these Terms or your Services subscription(s) at any time, with or without cause, upon written notice. PlayU will
have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
- Effect of Termination. Upon termination of these Terms by either party for any reason, or cancellation or expiration of your Services subscriptions: (i) PlayU will cease providing the Services; (ii) you will not be entitled
to any refunds of any subscription or usage fees, or any other fees, pro rata or otherwise; (iii) any fees you owe to PlayU will immediately become due and payable in full; and (iv) PlayU may delete your archived data within
30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, confidentiality, indemnification, warranty
disclaimers, and limitations of liability.
3. Limitations of Liability.
- Excluded Damages and Theories. PLAYU AND ITS SUPPLIERS AND AFFILIATES ASSUME NO RESPONSIBILITY WITH RESPECT TO YOUR OR YOUR USER’S USE OF THE WEBSITE, SOFTWARE, OR SERVICES AND WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION THE FOLLOWING, UNLESS PROHIBITED BY APPLICABLE LAW, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF PROFITS, AND
LOST REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT PLAYU IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- Aggregate Liability. PLAYU AND ITS SUPPLIERS AND AFFILIATES WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY PLAYU FROM YOU FOR THE SERVICES DURING THE 12-MONTH PERIOD BEFORE THE CLAIM
OR CAUSE OF ACTION AROSE.
- Multiple Claims; Time Limits. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, SOFTWARE, OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE
OF ACTION ACCRUES, OTHERWISE SUCH CLAIM AND CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
- Jurisdictions; Limitations. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY OR FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
OTHER DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIABILITY OF PLAYU AND ITS SUPPLIERS AND AFFILIATES FOR SUCH DAMAGES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW. THIS LIMITATIONS OF LIABILITY SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS.
- General. YOUR USE OF THE WEBSITE, SOFTWARE, AND SERVICES WILL BE AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. PLAYU AND ITS SUPPLIERS AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Specific. PLAYU MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (i) THE ABILITY OF THE WEBSITE, SERVICES, OR SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (ii) THE ACCURACY, COMPLETENESS,
OR CONTENT OF THE WEBSITE, SERVICES, OR SOFTWARE, (iii) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE), AND/OR (iv) THIRD-PARTY PRODUCTS, AND PLAYU ASSUMES
NO LIABILITY OR RESPONSIBILITY THEREWITH.
- Third-Party Products. THE REFERENCE TO, OR AVAILABILITY OF, THIRD-PARTY PRODUCTS IN CONNECTION WITH THE SERVICES OR WEBSITE DOES NOT CONSTITUTE, AND WILL NOT BE CONSTRUED AS CONSTITUTING, AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP,
OR AFFILIATION BY OR WITH PLAYU WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS.
- Legal, Tax, Financial, Other Communications. NO ORAL OR WRITTEN INFORMATION OR ADVICE OR COMMUNICATIONS PROVIDED BY PLAYU OR ANY OF ITS EMPLOYEES WILL CONSTITUTE PERSONAL, LEGAL, TAX OR FINANCIAL ADVICE OR CREATE A WARRANTY,
CONDITION OR REPRESENTATION OF ANY KIND.
- Jurisdictions; Limitations. THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF IMPLIED
REPRESENTATIONS, CONDITIONS OR WARRANTIES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, PLAYU’S WARRANTIES, CONDITIONS AND REPRESENTATIONS
WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
- Definition. “Confidential Information” means the business, technical and financial information disclosed to one party (the “Receiving Party”) by the other party (the “Disclosing Party”) pursuant to these Terms and includes
all information marked by the Disclosing Party as confidential and any other information, whether written or oral, that the Receiving Party should reasonably understand is confidential to the Disclosing Party.
- Obligations. The Receiving Party will: (i) hold the Confidential Information of the Disclosing Party in trust and confidence and not disclose or release the Confidential Information to any third party except as provided in
these Terms; and (ii) not use the Confidential Information for any purpose except for the purposes described in these Terms. The disclosure of Confidential Information pursuant to these Terms is not intended in any way
to transfer or grant any right, title or interest in or to such Confidential Information to the Receiving Party unless otherwise expressly indicated by the Disclosing Party in writing.
- Standard of Care. The standard of care imposed on each party pursuant to this Section will be the same degree of care as it uses to avoid the unauthorized use, disclosure, or dissemination of its own Confidential Information
of a similar nature, but not less than a commercially reasonable degree of care.
- Limitation. Each party will disclose the Confidential Information of the other party only to those of its employees, consultants and contractors (“Personnel”) who have agreed, either as a condition of employment, representation
or in a written agreement, to be bound by terms and conditions substantially as protective as the confidentiality terms and conditions applicable to the Receiving Party under this Section.
- Exclusions. Confidential Information excludes information that is (i) rightfully in the Receiving Party’s possession without obligation of confidentiality prior to receipt from the Disclosing Party, (ii) a matter of public
knowledge through no fault of the Receiving Party, (iii) rightfully furnished to the Receiving Party by a third party without restriction on disclosure or use; or (iv) independently developed by the Receiving Party without
use of or reference to the Disclosing Party's Confidential Information.
- Requests for Confidential Information. A Receiving Party may disclose Confidential Information pursuant to a valid court order or order of an authorized government agency, provided that (if not legally prohibited) the Receiving
Party has given the Disclosing Party prompt notice so that the Disclosing Party will have an opportunity to defend, limit or protect against such disclosure and the Receiving Party limits such disclosure to only that Confidential
Information subject to the applicable order.
- Survival. The terms of this Section will survive for as long as the Confidential Information remains confidential.
6. Backup Storage. For its own operational efficiencies and purposes, PlayU from time to time back up data on its servers, but is under no obligation or duty to you to do so under these Terms or otherwise. IT IS SOLELY YOUR DUTY
AND RESPONSIBILITY TO BACKUP SEPARATELY YOUR FILES AND DATA THAT MAY RESIDE ON PLAYU SERVERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL PLAYU BE LIABLE TO YOU, YOUR USERS, OR ANY THIRD PARTY
FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR LOSS OF FILES AND/OR DATA ON ANY PLAYU SERVER.
7. No Assignment by You. You may not assign your rights or obligations under these Terms without the prior written consent of PlayU, which PlayU may refuse in its sole discretion. Any attempted assignment without prior written
consent from PlayU will be deemed null and void. PlayU may assign its rights and/or obligations under these Terms at any time. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective
successors and permitted assigns.
8. Entire Agreement. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings
relating to the subject matter of these Terms, and any modifications must be in a writing signed by both parties, except as otherwise provided herein.
1. Governing Law; Jurisdiction. The law that will govern the validity and construction of these Terms and apply in any dispute or lawsuit arising out of or relating to these Terms is as set forth in table in the Contracting Entity
Section above. YOU HEREBY CONSENT TO, AND WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS WITH RESPECT TO, THE JURISDICTION AND VENUE OF THE COURTS LOCATED IN UK. The United Nations Convention on
Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.
2. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect
3. Waiver. No waiver of any provision of these Terms, nor consent by PlayU to the breach of or departure from any provision of these Terms, will in any event be binding on or effective against PlayU unless it be in writing and
signed by a duly authorized representative of PlayU, and then such waiver will be effective only in the specific instance and for the specific purpose for which given.
- You consent to receive electronically any communications from PlayU. We may communicate with you through the email address specified in your account or by posting notices on the Website. You agree that all agreements, notices,
disclosures and other communications that are provided to you electronically satisfy any requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered when
sent to the email address you provide to us.
5. Section Headings. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or
against you or PlayU.
6. Independent Contractors. No agency, partnership, joint venture or employment relationship is created by these Terms or your use of the Services, and you do not have any authority of any kind to bind PlayU in any respect whatsoever.
7. Marks. PlayU shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store(s) to promote the Services.
8. Force Majeure. PlayU will have no liability to you, your users, or any third party for any failure by PlayU to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence
of an event beyond the reasonable control of PlayU, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure
9. Third-Party Service Integration. Certain Third-Party Products may be integrated with the Services. PlayU may, in its discretion and without liability to you, decide to no longer support such integration and migrate your Services
subscription to a different integration.
10. Hosting Services. PlayU has entered into arrangements with one or more third parties for hosting services that are essential to the Services, incorporated within the Services and without which the Services could not be provided