Terms of Use

Acceptance of the Terms of Use

 

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the PlayMe application, including any content, functionality and services offered on or through it (the "Application") offered by Vusion Technologies, LLC (together, with its affiliates, "Company" "we" or "us"). Apple is not involved or associated with the contests involved within the PlayMe application.

 

Please read the Terms of Use carefully before you start to use the Application. By using the Application, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, and our Community Guidelines incorporated herein by reference. If you do not want to agree to these Terms of Use, the Privacy Policy, or Community Guidelines you must not access or use the Application.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them in the Terms of use section of the Application, and apply to all access to and use of the Application thereafter. Your continued use of the Application following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Application

We reserve the right to withdraw or amend the Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some functionality of the Application, or the entire Application.

 

Intellectual Property Rights

By uploading a file or other content through the application, or by posting any other information to the application, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to our Application, you grant us a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the Application, the license you grant us, pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content we have already copied and sublicensed or that has been downloaded or copied by other users of the Application in accordance with these Terms of Use. Any content you post to the Application may be used by the public pursuant to the following paragraph even after you delete it.

 

Use of Content

By downloading or copying other user-created content from the Application, you agree that you do not claim any rights to it. The following conditions apply:

  1. You may use user-created content for personal, non-commercial purposes.

  2. You may use user-created content for anything that qualifies as fair use under copyright law, for example journalism (news, comment, criticism, etc.), but please include an attribute ("PlayMe" or "courtesy of PlayMe") next to where it is displayed.

  3. You may not use user-created for non-journalistic commercial purposes.

  4. Your use of user-created content is at your own risk. WE MAKE NO WARRANTIES OF NON-INFRINGEMENT, and you will indemnify and hold us harmless from any copyright infringement claims arising out of your use of the user-created content.

You may not copy or use any portions of our Application that are not user-created content except within the limits of fair use.

NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT (OR OTHER TYPES OF INFRINGEMENT)

________________________________________________

If you see anything on the Application that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information:

Identification of the copyrighted work or works claimed to have been infringed. IMPORTANT:

  1. You must have a registered copyright for the work, or at least have filed with the Copyright Office (http://www.copyright.gov/eco/) an application to register a copyright for the work. DMCA notifications based on unregistered works are not valid. You must attach a copy of your registration, or registration application, to your DMCA notification.

  2. Identification of the material on our servers that is claimed to be infringing and that is to be removed.

  3. A statement that you believe in good faith that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law.

  4. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.

  5. Your physical or electronic signature, or the signature of someone authorized to act on your behalf.

  6. You must give us an email to contact you by.

Contact our DMCA agent at:

Email:  admin@playmesocial.com

 

Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA takedown demand for material you posted that we believe constitutes fair use, we will attempt to notify you if we have your contact information; otherwise we are under no obligation to notify you regarding the removal. We reserve the right to refuse to remove any material that in our view constitutes fair use. If we identify you as a "repeat infringer," we will block or remove your content and terminate any accounts you have with us. (If we notify you of a DMCA removal and you respond with a legitimate counter-notice, then that will not count toward being a repeat infringer.)

 

Basic Terms

  1. You must be 13 years or older to use the Application if you are not playing for cash prizes and 18 years old if you are playing for cash prizes.

  2. You are responsible for any activity that occurs under your account.

  3. You are responsible for keeping your password or relevant login credentials secure.

  4. You are solely responsible for your conduct and any data, text, information, account, graphics, photos, profiles, links ("Content") that you submit, post, and display on the Application.

 

 

You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

  • 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 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 impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability. Access the Community Guidelines for further clarification.

Additionally, you agree not to:

  • Use the Application in any manner that could disable, overburden, damage, or impair it, or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.

  • Use any robot, spider or other automatic device, process or means to access the Application for any purpose, including but not limited to monitoring or copying any of the material on the Application, or to automate false votes via bot accounts to skew a competition in a user’s favor.

  • Use any manual process to monitor or copy any of the material on the Application 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 Application.

  • 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 Application, the server on which the Application is stored, or any server, computer or database connected to the Application.

  • Attack the Application via a denial-of-service attack or a distributed denial-of-service attack.

  • Use the Application in any manner that in Company’s sole discretion is deemed offensive, inappropriate or otherwise inconsistent with the values of Company.

  • Otherwise attempt to interfere with the proper working of the Application.

 

We reserve the right to remove any content and/or user engagement from the Application for any reason, without prior notice. Content and/or user engagement removed from the Application may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. We are not a backup service and you agree that you will not rely on the Application for the purposes of content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Application, or the loss of any content or user engagement. You also acknowledge that the Internet may be subject to breaches of security and that the submission of user engagement or other information may not be secure. If we remove any content that is actively engaged in a contest for money, both contestants' entry fees will be forfeited and ineligible for a refund.

 

Violation of any of these Terms will result in the termination of your Company account. While We prohibit such conduct and content on its site, you understand and agree that We cannot be responsible for the content posted on the platform and you nonetheless may be exposed to such materials and that you use the Application at your own risk.

 

Eligibility

To be eligible to use the Application and open an account and/or participate you affirm that you: (a) a person of at least 13 years of age for non cash games and 18 years of age for cash games; (b) own the phone number submitted with your account registration form; (c) are a legal resident of the United States with a U.S. address and currently residing at the address of the eligible location; (d) are physically located within the U.S.; and (e) are physically located in a U.S. state in which participation with Company is unrestricted by law.  You further represent that all information you supply to Company is complete, accurate and current.  Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result in immediate termination of your account and forfeiture of any winnings.  From time to time, Company may request you provide updated and/or current account information and you agree to provide such information in a timely fashion.

 

Location of Users

You are subject to all laws of the city, state, province and country in which you reside and from which you access the Application. You are solely responsible for complying with those laws.  Access to the Application may be a violation for residents of certain jurisdictions.  You agree that Company cannot be held liable if laws applicable to you restrict or prohibit your use of or participation with Company and/or the Application.  Company makes no representations or warranties, express or implied, as to the lawfulness of your accessing the Application.  No person affiliated, or claiming affiliation with Company has authority to make any such representations or warranties.

Company reserves the right (but has no obligation to you) to monitor the location from which you access the Application and to block access from any jurisdiction in which participation or access may be illegal or restricted.  Company may block access to Users using proxy servers or any other method, which is intentionally used in order to conceal a player’s true location.  Company may further block Users if you are in a jurisdiction where skill games are restricted or if Company is unable to accurately verify your location.  Any User who receives a cash prize may be required to prior to receiving the prize to provide Company with proof that at the time the User was accessing the application that he or she was eligible to participate pursuant to these Terms of Service and pursuant to the jurisdiction the User resides.  By accessing, using, downloading in any way materials on the Application or browsing the Application, creating an account and/or participating in any game offered by Company, you represent and warrant that you are doing so in compliance with the Terms of Service and the jurisdiction in which you reside and agree to indemnify and hold Company harmless from any liability, claims, and damages (including attorneys’ fees) arising out of or related to your violation of same.

PAYMENT OF CASH PRIZES TO USERS PURSUANT TO THE TERMS HEREIN  SHALL BE VOID IF SAID USER ACCESSES THE APPLICATION IN A STATE WHERE SUCH GAMES ARE PROHIBITED BY LAW

 

 Refund Policy

In the event that the legality of a contest offered by Vusion Technologies LLC is altered by the state, district, region, or country (“locations”) occupied by the customer; Or, if Vusion Technologies LLC changes its contest availability policy for the location in which the customer resides, and the customer has previously
entered a pay-entry contest that has not yet began then the customer may be refunded the original
contest entry/buy-in amount.


Requesting a refund:
To request a refund of your deposit you must do so by sending an email to admin@playmesocial.com
with the subject “Refund Request”. In the body of this email, you must provide your full name, your
username (number), the amount of the refund you are requesting, and the reason for your refund
request. This process may take up to 14 business days for review.


Example.
Subject: Refund Request
Name: John Doe
Screen Name: john_doe_sports
Reason: The contest that was entered was not valid for my location at the time of my entry.

 

Links from the Application

If the application 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, interstitial, and native advertisements, as well as 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/applications linked to the Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites/applications.

 

Information About You and Your Use of the Application

All information we collect from the Application is subject to our Privacy Policy. By using the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Disclaimer of Warranties

The Application is provided on an AS IS – WITH ALL FAULTS basis. Your use of the Application, and any services associated with it, is entirely at your own risk. We do not guarantee the availability of the Application at any given time, or the reliability of the Application when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. VUSION TECHNOLOGIES LLC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER WE TAKE OR DO NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM THE APPLICATION, WE HAVE NO DUTY TO MONITOR ANY CONTENT ON THE APPLICATION. WE DO NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON THE APPLICATION THAT IS NOT PRODUCED BY US, INCLUDING BUT NOT LIMITED TO USER-CREATED CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

 

Limitation on Remedies

Your sole remedy for the loss of any services and/or of any content or other data you may have stored on or through the Application is to discontinue your use of the Application. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION EVEN IF WE HAVE BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF THE APPLICATION MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.

 

Indemnification

YOU WILL INDEMNIFY AND HOLD VUSION TECHNOLOGIES LLC AND ALL OF ITS OFFICERS, DIRECTORS, MEMBERS, AGENTS, EMPLOYEES AND PERSONNEL HARMLESS FROM AND AGAINST ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS OF SERVICE, AND USE OF YOUR ACCOUNT BY ANY PERSON, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, STATUTORY CLAIMS AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO THE APPLICATION OR TO OUR SERVERS.

 

Governing Law and Jurisdiction

All matters relating to the Application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, County of Cook, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

The Terms of Use, our Privacy Policy, and our Community Guidelines constitute the sole and entire agreement between you and Company with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application.

© 2019 by Vusion Technologies LLC. 

Contact us:

admin@playmesocial.com