Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Playeasy Platform, you agree to comply with and bebound by these Terms of Service.
Last Updated: January 8th, 2024
Thank you for using Playeasy!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and PlayOn Inc. (as defined below) governing your access to and use of the Playeasy website, including any subdomains thereof, and any other websites through which Playeasy makes the Playeasy Services available (collectively, " Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, " Playeasy. Services"). The Site, Application and Playeasy Services together are hereinafter collectively referred to as the " Playeasy Platform".
When these Terms mention "Playeasy," "we ," "us," or "our," it refers to PlayOn Inc., 481 Chief Justice Cushing Hwy, Cohasset MA, 02025
Our collection and use of personal information in connection with your access to and use of the Playeasy Platform is described in our Privacy Policy.
Destination Managers and Industry Partners alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to theirListings on Playeasy. If you have questions about how local laws apply to your Listing(s) on Playeasy, you should always seek legal guidance.
Table of Contents
1. Scope of Playeasy Services
2. Eligibility, Using the Playeasy Platform, Member Verification
3. Modification of these Terms
4. Account Registration
5. Content
6. Prohibited Activities
7. Term and Termination, Suspension and other Measures
8. Disclaimers
9. Liability
10. Indemnification
11. Survival
12. Feedback
13. Applicable Law and Jurisdiction
14. General Provisions
1. Scope of Playeasy Services
1.1 The Playeasy Platform is an online network and marketplace that enables registered users ("Members") and certain third parties who offer services (Members and third parties who offer services are "Industry Partners" and the services they offer are " Industry Partner Services") to publish such Industry Partner Services on the Playeasy Platform ("Listings") and to communicate and transact directly with Members that are seeking to utilize such Industry Partner Services (Members using Industry Partner Services are "Event Organizers").
1.2 As the provider of the Playeasy Platform, Playeasy does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Industry Partner Services. Industry Partners alone are responsible for their Listings and Industry Partner Services. When Members make or accept a business transaction, they are entering into a contract directly with each other. Playeasy is not and does not become a party to or other participant in any contractual relationship between Members, nor is Playeasy a real estate broker or insurer. Playeasy is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, Playeasy has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Industry Partner Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Playeasy does not endorse any Member, Listing or Industry Partner Services. You should always exercise due diligence and care when deciding whether to book a facility or use other Industry Partner Services, accept a booking request from a member, or communicate and interact with other Members, whether online or in person. Photographs of Listings are not an endorsement by Playeasy of any Industry Partner or Listing.
1.4 If you choose to use the Playeasy Platform as an Industry Partner or Administrator (as defined below), your relationship with Playeasy is limited to be an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Playeasy for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Playeasy.
1.5 To promote the Playeasy Platform and to increase the exposure of Listings to potential Event Organizers, with prior written approval from the Industry Partner, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.6 The Playeasy Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third- Party Services may be subject to different terms and conditions and privacy practices. Playeasy is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Playeasy of such Third-Party Services.
1.7 Due to the nature of the Internet, Playeasy cannot guarantee the continuous and uninterrupted availability and accessibility of the Playeasy Platform. Playeasy may restrict the availability of the Playeasy Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Playeasy Platform. Playeasy may improve, enhance and modify the Playeasy Platform and introduce new Playeasy Services from time to time.
2. Eligibility, Using the Playeasy Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Playeasy Platform or register a Playeasy Account. By accessing or using the Playeasy Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction.You also represent and warrant that (I) neither you nor your Industry Partner Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government listof prohibited or restricted parties.
2.3 Playeasy may make the access to and use of the Playeasy Platform, or certain areas or features of the Playeasy Platform, subject to certain conditions or requirements, such as completing a verification process or meeting specific quality or eligibility criteria.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members at no additional cost.
3. Modification of these Terms
3.1 Playeasy reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Playeasy Platform and update the "Last Updated" date at the top of these Terms. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Playeasy Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Playeasy Account") to access and use certain features of the Playeasy Platform, such as publishing or booking a Listing. If you are registering a Playeasy Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Playeasy Account using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your Playeasy Account and public Playeasy Account profile page information up-to-date at all times.
4.4 You are responsible for maintaining the confidentiality and security of your Playeasy Account credentials and may not disclose your credentials to any third party. You must immediately notify Playeasy if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Playeasy Account. You are liable for any and all activities conducted through your Playeasy Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.5 Playeasy may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Playeasy Account. For example, we may allow Industry Partners to add other Members as Administrators (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Playeasy to ask for your credentials, and you shall not request the credentials of another Member.
5. Content
5.1 Playeasy may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Playeasy Platform ("Member Content"); and (ii) access and view Member Content and any content that Playeasy itself makes available on or through the Playeasy Platform, including proprietary Playeasy content and any content licensed or authorized for use by or through Playeasy. from a third party ("Playeasy Content" and together with Member Content, "Collective Content").
5.2 The Playeasy Platform, Playeasy Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Playeasy Platform and Playeasy Content, including all associated intellectual property rights, are the exclusive property of Playeasy and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Playeasy Platform, Playeasy Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Playeasy used on or in connection with the Playeasy Platform and Playeasy Content are trademarks or registered trademarks of Playeasy in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Playeasy Platform, Playeasy Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Playeasy Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Playeasy or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Playeasy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Playeasy Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Playeasy Platform, you grant to Playeasy a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Playeasy. Platform, in any media or platform with prior written approval. Unless you provide specific consent, Playeasy does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the Playeasy Platform. Accordingly, you represent and warrant that: (I) you either are the sole and exclusive owner of all Member Content that you make available on or through the Playeasy Platform or you have all rights, licenses, consents and releases that are necessary to grant to Playeasy the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Playeasy's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (I) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities or substances. Playeasy may, without prior notice, remove or disable access to any Member Content that Playeasy finds to be in violation of these Terms or otherwise may be harmful or objectionable to Playeasy, its Members, third parties, or property.
6. Prohibited Activities
6.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Playeasy Platform. In connection with your use of the Playeasy Platform, you will not and will not assist or enable others to:
6.2 You acknowledge that Playeasy has no obligation to monitor the access to or use of the Playeasy Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Playeasy Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Playeasy in good faith, and to provide Playeasy with such information and take such actions as may be reasonably requested by Playeasy with respect to any investigation undertaken by Playeasy or a representative of Playeasy regarding the use or abuse of the Playeasy Platform.
6.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Playeasy by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
7. Term and Termination, Suspension and other Measures
7.1 Without limiting our rights specified below, Playeasy or Member, may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
7.2 Playeasy may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Playeasy believes in good faith that such action is reasonably necessary to protect the personal safety or property of Playeasy., its Members, or third parties (for example in the case of fraudulent behavior of a Member).
7.3 In addition, Playeasy may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Playeasy Account registration, Listing process or thereafter, (iv) you and/or your Listings or Industry Partner Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Playeasy. otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Playeasy believes in good faith that such action is reasonably necessary to protect the personal safety or property of Playeasy, its Members, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Playeasy and an opportunity to resolve the issue to Playeasy's reasonable satisfaction.
7.4 When this Agreement has been terminated, you are not entitled to a restoration of your Playeasy Account or any of your Member Content. If your access to or use of the Playeasy Platform has been limited or your Playeasy Account has been suspended or this Agreement has been terminated by us, you may not register a new Playeasy Account or access and use the Playeasy Platform through a Playeasy Account of another Member.
8. Disclaimers
If you choose to use the Playeasy Platform or Collective Content, you do so voluntarily and at your sole risk. The Playeasy Platform and Collective Content is provided "as is", without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Playeasy Services, laws, rules, or regulations that may be applicable to your Listings and/or Facility Manager Services you are receiving and that you are not relying upon any statement of law or fact made by Playeasy relating to a Listing.
You agree that some Facility Manager Services may carry inherent risk, and by participating in those Facility Manager Services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Facility Manager Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
9. Liability
9.1 Neither Playeasy nor any other party involved in creating, producing, or delivering the Playeasy Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Playeasy. Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Playeasy Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing's Industry Partner Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Playeasy has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Industry Partners pursuant to these Terms. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Playeasy's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
9.2 Playeasy is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Playeasy is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Playeasy in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract, but the amount shall be limited to the typically occurring foreseeable damage.
10. Indemnification
To the extent provided by law, you agree to release, defend (at Playeasy's option), indemnify, and hold Playeasy and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Playeasy Platform or any Playeasy. Services, (iii) your interaction with any Member, stay at a Facility or other Facility Manager Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Playeasy's collection of Taxes, or (v) your breach of any laws, regulations or third party rights.
11. Survival
Section 13 will survive any termination of these Terms and will continue to apply even if you stop using the Playeasy Platform or terminate your Playeasy Account.
12. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Playeasy Platform ("Feedback "). You may submit Feedback by emailing us at feedback@playeasy.com, through the "Support" section of the Playeasy Platform at https://help.playeasy.com/, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
13. Applicable Law and Jurisdiction
13.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of Massachusetts and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought in state or federal court in Boston, Massachusetts, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Boston, Massachusetts.
14. General Provisions
14.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Playeasy and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between Playeasy and you in relation to the access to and use of the Playeasy Platform.
14.2 No joint venture, partnership, employment, or agency relationship exists between you and Playeasy as a result of this Agreement or your use of the Playeasy Platform.
14.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
14.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
14.5 Playeasy's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
14.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Playeasy's prior written consent. Playeasy may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
14.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Playeasy via email.
If you have any questions about these Terms please email us at support@playeasy.com.
Copyright © 2024 PlayOn, Inc. All Rights Reserved.
Copyright © 2024 PlayOn, Inc. All Rights Reserved.
