TERMS OF SERVICE
TERMS OF SERVICE
Welcome to the website of Play One Up LTD ("Play One Up" or “Company”).
IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING WWW.PLAYONEUP.COM , AS THEY MAY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY. PLEASE PRINT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of www.playoneup.com, including any content, functionality and services offered on or through www.playoneup.com or an app downloaded from the store of a third party (e.g. the Play One Up App available from Google’s Play Store or Apple’s App Store) (the "Website").
- “Account” means any account provided by Play One Up that you may use to access the Services.
- “Service” or “Services” means any website, application, game, and other related services available via the Website by Play One Up and its affiliates.
- “Terms of Service” or “Terms” means these terms of service and as defined above.
- “Website” means as defined above and it also includes any access and use of the Services.
This Website is offered and available to users who are at least 18 years of age or the age of majority in their respective jurisdiction, reside in the United States, and are accessing from a jurisdiction where skilled gaming is legal (without any license). You may not access or use the Website from the following states:
Arkansas, Iowa, Louisiana, Michigan, Montana, South Carolina, Tennessee, Vermont and Washington.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
3.0 CHANGES TO THE TERMS OF SERVICE
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
4.0 ACCESSIBILITY AND SECURITY
- We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
- From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
- You are responsible for making all arrangements necessary for you to have access to the Website.
- To access or use the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
- If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, then you must treat such information as confidential and you must not disclose it to any other person or entity.
- You acknowledge and agree that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
- You 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.
5.0 OWNERSHIP AND GRANT OF LIMITED LICENSE
- Ownership. All rights, title and interest in and to the Website (including its entire contents, features, and functionality) are owned or licensed by Play One Up. Play One Up reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Website.
- License. Subject to your agreement and continuing compliance with these Terms of Service, Play One Up grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Website solely for your own personal, non-commercial use and in accordance with these Terms of Service. You agree to not use the Website for any other purpose.
- License Limitations. Any use of the Website in violation of these Terms is strictly prohibited and may result in the immediate revocation of your limited license and/or may subject you to liability.
- Trademarks. The Company name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
6.0 PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Service. YOU MAY NOT MAKE ANY COMMERCIAL USE OF ANY OF THE INFORMATION PROVIDED ON THE WEBSITE NOR MAKE ANY USE OF THE WEBSITE FOR THE BENEFIT OF A BUSINESS.You agree you will not directly or indirectly use the Website:
- 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).
- To partake in any activity or action that is not the intended purpose and use of the Services.
- To attempt to harass, abuse, exploit, harm, or advocate or incite harassment, abuse, or harm of another person, group, or Play One Up.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Website, or other attempts to disrupt the Website or another person's use or enjoyment of the Website.
- To make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Play One Up employee.
- To attempt to gain unauthorized access to the Website or impersonate the Company.
- To use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. Additionally, you agree not to:
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Attempt to access or use the Website by means of automatic, macro, programmed, or similar methods.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to participate in any Match by means of shortcuts, cheats, glitches, or similar methods.
- Attempt the opening and/or use of multiple accounts.
- Otherwise attempt to interfere with the proper working of the Website.
7.0 DEACTIVATION OF ACCOUNT; ACCESS BY CHILDREN
We may delete Accounts that are deemed inactive, or for any other reason, with or without notice to you. "Inactive" may be determined by Play One Up based on average usage of the Website from other users.
If you would like us to deactivate your Account, please email us at: email@example.com Children. We have taken commercially reasonable steps and additional control measures to restrict use of the Website to only those who are 18 years of age or older. We do not sell products or services for purchase to minors. If you believe that a child under 18 has gained access to the Services, please contact us at firstname.lastname@example.org.
CHILDREN UNDER THE AGE OF 13
We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on or through our Services. If it is discovered that we have collected or received personal information from a child under 13, said information will be deleted. If you believe we might have any information from or about a child under 13, please contact us at email@example.com .
8.0 USER CONTENT
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. Play One Up assumes no responsibility for the conduct of any user submitting any content ("User Content"), and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk.
You hereby grant Play One Up an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Website, including marketing and promotions of the Website.
You further hereby grant to Play One Up the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Play One Up does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.
- All content will be accurate.
- All content will be free of any infringing material on the third-party intellectual property rights of others.
- All content will not be in violation of any law, contractual restrictions, or other parties' rights.
- All content will be free of viruses, adware, spyware, worms, or other malicious code.
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
9.0 MONITORING OF USER CONTENTWe have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including 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 Website.
- Without limiting the foregoing, we have the right to fully cooperate 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 Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, 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 user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section
10.0 TOURNAMENT ENTRY FEES AND WINNINGS
The Website offers users the ability to enter fee-based tournaments that involve participating in competitive multi-player skill-based games wherein the winner is awarded a prize (“Match”).
Entry Fees. Fees are charged for entry into a Match. If there are Fees charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals, unless restricted by Applicable Law.
- represent that you are authorized to use the payment method that you provide and that any payment information you provide is true and accurate;
- authorize us to charge you using your payment method; and
- authorize us to charge you for any entry fee for which you choose to sign up.
We may bill you in advance, at the time of purchase, or shortly after purchase, in our sole discretion. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you don’t tell us within that time, we will not be liable for any losses resulting from the error and we will not be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation chargeback fees, reasonable attorneys’ fees and other legal fees and costs.
Winnings. The winner of each Match will be determined by the rules of the specific Match. Play One Up may at any time require you to provide proof of eligibility in order to participate in a Match.
The cost of entry, booking service fee, and the value of prizes offered in each Match will be disclosed prior to the commencement of a Match. At the beginning of the Match, any entry fees paid will be removed from the Accounts of any Match participants along with a 10%-20% booking service fee. Match participants are solely responsible for the payment of any entry fees. By submitting the entry fee for any Match, you agree and acknowledge that any entry fee paid is non-refundable and that you may not win the Match.
Following the Match, even if the Match closes prematurely, users will report Match results to Play One Up. Play One Up will have the sole and absolute discretion to determine the Match results and winners, and by participating in any Match, you agree to be bound by its determinations. After the Match winner has been determined by Play One Up, Play One Up will deposit the earnings in the Match winner’s Account.
Non-Gambling Website. No gambling is allowed within the Services. The tournaments enabled through the Services utilize skill-based games, meaning the outcome of all relevant games are based predominantly upon the skill of Match participants and not by chance. Play One Up does not have knowledge of the probability of any particular participant winning a Match, and makes no representations about an individual user’s chances of winning.
Withdrawal. ALL ENTRY FEES ARE FINAL AND YOU ACKNOWLEDGE THAT PLAY ONE UP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS CLOSED (EXCEPT FOR A REFUND OF A CURRENT BALANCE, IF APPLICABLE], WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Notwithstanding any other provision in these Terms, Play One Up shall have sole discretion regarding processing any requests for withdrawal of Account balances. Play One Up reserves the right to require proof of your identity when you request a withdrawal. If such verification is not received, then the withdrawal request will be cancelled. All taxes associated with the receipt of any withdrawal are the sole responsibility of the user requesting the withdrawal. Withdrawal privileges will be revoked for security purposes when fraud is suspected. If you are permitted to withdraw funds from your Account, payment may be issued by Paypal, Venmo, Cash app, check, or as otherwise made available by Play One Up.
Match Disputes. In the event of a dispute regarding the outcome of a Match, Play One Up may request that Match participants provide additional evidence, including but not limited to photo or video evidence of Match results by means of the Play One Up app. If you believe there has been a mistake with respect to any distribution of winnings or Withdrawals from your Account, please email us at: firstname.lastname@example.org
Play One Up reserves the right to, in its sole discretion, assess a penalty and terminate your Account. If any winnings are mistakenly credited to an Account, Play One Up may unilaterally deduct such winnings from your Account after discovering the error.
11.0 CHANGES TO THE SERVICES, AVAILABILITY OF THE WEBSITE, AND RELIANCE ON INFORMATION POSTED
You acknowledge that Play One Up may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Website, however, Play One Up is under no obligation to provide any such changes.
You acknowledge that access to the Website may be interrupted for reasons within or beyond the control of Play One Up, and that Play One Up cannot and does not guarantee you will be able to use the Website whenever you wish to do so.
You acknowledge that Play One Up may in its sole and absolute discretion suspend and/or close the account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice and without liability. Also, and without limiting our other rights or remedies, if we believe you have violated these Terms or if you have violated these Terms, we may determine that your winnings and/or current balance, if any, will be forfeited, disgorged or recouped.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
12.0 LINKING TO AND FROM THE WEBSITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13.0 DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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. 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14.0 LIMITATIONS OF LIABILITYYOU ACKNOWLEDGE THAT PLAY ONE UP IS NOT LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE; OR
- THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE WEBSITE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE WEBSITE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE WEBSITE.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE WEBSITE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND EVEN IF THEY WERE FORESEEABLE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PLAY ONE UP IS TO STOP USING THE WEBSITE AND TO CANCEL YOUR ACCOUNT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Play One Up, any third-parties under agreement with Play One Up, any parent, subsidiary or affiliate of Play One Up, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing from and against any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, that arise out of or relate to:
- Your failure to comply with any provision of this agreement;
- Your use of the Website, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
- Your actions that affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
You acknowledge and agree that Play One Up has no obligation to defend, indemnify or hold harmless you in any way including, but not limited to, your use of the Website.
16.0 DISPUTE RESOLUTION
- Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
Contact Information. Play One Up can be reached at:
Play One Up LTD.
(Any dispute will be handled in the EU)
1400 W 10th St, Suite 100
Cleveland, OH 44113
Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if Play One Up, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or Play One Up may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.
- The American Arbitration Association (AAA) will run the arbitration between you and Play One Up, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
- YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and Play One Up agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
- Class action waiver. To the maximum extent permitted under applicable laws, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You waive the right to seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it shall not apply to those parts but shall apply to all other parts to the maximum extent permitted under Applicable Laws. Instead, those parts will be severed and proceed in a court of law in the state of Ohio, county of Cuyahoga, with the remaining parts proceeding in arbitration.
17.0 COPYRIGHT COMPLAINTS.
We respect the intellectual property of others. Below are instructions for sending the Company a notice of copyright infringement. It is the policy of the Company to terminate the Accounts of repeat infringers.
- Notice and procedure for making claims of copyright infringement; Digital Millennium Copyright Act
- Play One Up may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of users who infringe the intellectual property of others.
- If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed and is available through our Service, please provide Play One Up's Copyright Agent, in accordance with the Digital Millennium Copyright Act of 1988 (“DMCA”), a written notice.
- To be valid under the DMCA, you must provide the following information in writing:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; and
• specific identification of the copyrighted work that you claim has been infringed; and
• specific identification of the material that is claimed to be infringing and where it is located on our Site; and
• information reasonably sufficient to permit us to contact you, including your name, address, telephone number, and, e-mail address; and
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
- DMCA Agent. The above information must be submitted to Play One Up’s DMCA Agent:
Play One Up LTD.
(Any dispute will be handled in the EU)
1400 W 10th St, Suite 100
Cleveland, OH 44113
18.0 GENERAL PROVISIONS
- Section Headings. You acknowledge that Section headings in this agreement are for purposes of convenience only.
- Force Majeure. Both you and Play One Up shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or Play One Up, as applicable under the circumstances.
- No Waiver. If we do not enforce a provision of these Terms, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of these Terms.
- Injunctive Relief. You acknowledge that breach of this agreement may result in irreparable harm and loss to Play One Up, and, upon a breach of this agreement, Play One Up shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in these Terms.
- Governing Law. All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto shall be interpreted in accordance with and governed by the internal laws of the state of Ohio, without giving effect to any choice or conflict of law provision or rule whether of the State of Ohio or any other jurisdiction.
- Entire Agreement. The Terms constitute the sole and entire agreement between you and Play One Up with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
- If you are a California resident, California Civil Code Section 1798.83 permits you to request, once a calendar year, information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To make such a request, please write us at:
Play One Up LTD.
(Any dispute will be handled in the EU)
1400 W 10th St, Suite 100
Cleveland, OH 44113
- Contact Information. This website is operated byPlay One Up LTD. All notices of copyright infringement claims should be sent to the copyright agent designated above in Section 17 in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the website should be directed to: [e-mail address].
Play One Up LTD.
(Any dispute will be handled in the EU)
1400 W 10th St, Suite 100
Cleveland, OH 44113
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