Last Modified: March 9, 2021
She Plays™ Terms of Service
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 26
The following Terms of Service (also referred to herein as the “Terms”) set forth the terms and conditions of the agreement between you, an individual user (“you” and words of like import), and She Plays LLC (“She Plays™”) in conjunction with She Plays™’s offering of fantasy sports contests described in Section 2 (“the Service”) at the domain https://fantasy.she-plays.com (“the Site”).
2. THE SERVICE
She Plays™ will provide you with access to a wide range of online contests including fantasy sports contests, in which you must select a team of players through the use of your skill and knowledge of professional sports. For all contests, winners are determined by She Plays™ based on the ability to predict the performance of teams (in free contests) or professional athletes over the course of multiple, real-world sporting events (in fantasy sports contests). She Plays™ shall have the sole discretion of determining its game rules and selecting winners of these contests. Further, She Plays™ shall be the sole arbiter of disputes over who wins each contest.
FOR ALL CONTESTS, NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE ONE’S CHANCES OF WINNING. VOID IN PUERTO RICO, OTHER U.S. TERRITORIES AND FOREIGN TERRITORIES, AND ANYWHERE WHERE PROHIBITED BY LAW.
3. ACCEPTANCE OF TERMS
By accessing the Site and using any part of the Site or Service, you agree to be bound by these Terms. It is your responsibility to review these Terms regularly to determine whether they have changed. If you do not agree to all of the Terms, then you may not access the Site or attempt to use our Services.
4. TERMS REPRESENT ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and She Plays™ with respect to the Site, and these Terms supersede any prior agreements, oral or written, between you and She Plays™. A provision of these Terms may be waived only by written instrument executed by the party entitled to the benefit of such provisions. The failure of She Plays™ to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
5. MODIFICATION OF TERMS
She Plays™ reserves the right, at its sole discretion, to modify or replace the existing Terms of Service at any time. Should any change in Terms occur, you shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the She Plays™ Site and Service upon any change or modification of the Terms constitutes your acknowledgement and acceptance of these modifications.
6. USER ELIGIBILTY
By using our Site or Service, you hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the She Plays™ Service) and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Service and to abide by and comply with these terms.
Further, you represent and warrant that:
- You are at least 18 years of age.
- For contests that include entry fees and/or prizes, you are the age of majority in your jurisdiction of residence (this is at least 18 in most states, 19 years of age in Nebraska and Alabama, and 21 years of age for activities related to our services in Massachusetts).
- You are a citizen or resident of the United States of America and you have an address in the United States of America. (For purposes of clarity, citizens and residents of Puerto Rico are not eligible).
- You are physically located in the United States of America and reside in a jurisdiction in which participation in any contest you choose to participate in is allowed by applicable law.
- For contests that include entry fees and prizes, YOU ARE NOT A CITIZEN OR RESIDENT OF ANY OF THE FOLLOWING STATES: ALABAMA, ARIZONA; ARKANSAS; COLORADO; DELAWARE; FLORIDA; GEORGIA; HAWAII; IDAHO; INDIANA; ILLINOIS; IOWA; LOUISIANA; MAINE; MARYLAND; MASSACHUSETTS; MISSISSIPPI; MISSOURI; MONTANA; NEVADA; NEW HAMPSHIRE; NEW JERSEY; NEW YORK; OHIO; PENNSYLVANIA; TENNESSEE; TEXAS; VERMONT; VIRGINIA OR WASHINGTON. IN ADDITION, YOU ARE NOT A RESIDENT OF PUERTO RICO.
- You are not, and for the past six (6) months have not been a principal, employee, officer, director, contractor or agent of She Plays™, nor are you an immediate family member or proxy on behalf of any officer, director, contractor or agent of She Plays™. (The term “immediate family member,” as defined herein, shall include parents, children, spouses, siblings, or any other person residing in the same household of a principal, employee, officer, director, contractor, or agent).
- You are not a professional or amateur athlete whose individual statistics or performance may be used to determine any part of the outcome of a fantasy sports contest, nor are you a sports agent, a team employee, a referee, or a league official associated with an athletic competition that is the subject of fantasy sports contests. You also are not either an immediate family member of any of the aforementioned individuals or a proxy acting on their behalf.
- You will establish only one account to participate in the Services offered on the She Plays™ Site, and only you will operate the account.
- You will abide at all times by these Terms and any other agreements between you and She Plays™.
- You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
If any of the above representations and warranties are not met, in addition to any other rights and remedies available under law or equity, She Plays™ reserves the right to suspend or terminate your account and to revoke or withhold the awarding of any prizes associated with your account.
Further, in the event that She Plays™ discovers that you have opened more than one account or otherwise breached these Terms, in addition to any other rights that She Plays™ may have, She Plays™ reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the award of any prizes.
7. USER CONDUCT
As a condition of use, you agree not to use the Site or Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by She Plays™. By way of example, and not as a limitation, you agree to conduct yourself with good sportsmanship at all times, not to purchase multiple teams within a given contest unless the contest affirmatively allows for multiple entries by the same user, and not to engage in Collusion with other users to win any contest (the term “Collusion” shall include, but is not limited to, working together with another user to better any one entry at the expense of another).
In addition, you agree not to abuse, harass, impersonate, intimidate or threaten other She Plays™ users; not to post or transmit, or cause to be posted or transmitted, any materials (“User Content”) that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; not to use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; not to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any She Plays™ user; not to create or submit unwanted email (“Spam”) to any other She Plays™ users; and not to infringe upon the intellectual property rights of She Plays™, its users, or any third party.
Further, you agree not to submit comments discussing or linking to affiliate programs, multi-level marketing schemes, personal business ventures, or off-topic content; not to post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and not to use any robot, spider, scraper or other automated means to access the site for any purpose (except for RSS feed access) without our express written permission.
Finally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures She Plays™ may use to prevent or restrict access to the Site.
Violation of our rules may result in the removal of your content from the Site and/or the cancellation of your account. You acknowledge and agree that She Plays™ may remove any User Content and terminate any She Plays™ account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). IN ADDITION, ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF OUR CONTESTS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT OCCUR, SHE PLAYS™ RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER AND TO COOPERATE FULLY WITH ANY LAW ENFORCEMENT AUTHORITIES TO THE FULLEST EXTENT AVAILABLE BY LAW.
To report Terms of Service abuse, please contact us at email@example.com.
8. USER CONTENT
You understand that all content created by users of either the Site or Service (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will She Plays™ be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.
You acknowledge that She Plays™ may or may not pre-screen User Content, but that She Plays™ and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, She Plays™ and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in She Plays™’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site.
With respect to User Content you submit or make available on the Site, you grant She Plays™ an irrevocable, fully sub-licensable, transferable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
You own or control all rights in and to the User Content and have the right to grant the license granted above to us.
You are solely responsible for your interactions with other users of the Site. She Plays™ reserves the right, but has no obligation, to monitor disputes between you and other users.
9. RIGHTS TO USE OF YOUR PERSONAL INFORMATION
By using this Site or Service, you agree to provide She Plays™ with a worldwide, non-exclusive, royalty-free, perpetual, transferable and non-revocable license to use, for any purpose, any information provided by you on our Site. Specifically, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other She Plays™ contests, unless otherwise prohibited by law.
Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to She Plays™ for publicity, advertising and promotional activities relating to any contest in which they participate.
10. REGISTRATION FOR ACCOUNT
In order to use our Site or Service, you must register for an account. By registering as a user, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. Furthermore, you will not take any steps to mask your identity, location or demographic information. If you provide any information that is inaccurate, not current or incomplete, or She Plays™ has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, She Plays™ may deny you access to areas requiring registration, at its sole discretion.
A lot of content on the Site can be accessed by creating an account for no fee. You can also access premium content offered exclusively to premium members by purchasing an annual subscription for one of our premium membership accounts, at the prices set forth below, which prices are subject to change from time to time. You may purchase an annual subscription for a premium account by paying the applicable monthly fees listed below, by paying for the full year upfront for a discounted fee, as listed below.
|Premium Account Subscription Level||Monthly Fee Option||Annual Fee Option|
|In the Game||$10.00||$102.00|
The content accessible with each of the above premium accounts is described on the Site, and shall be accessible by you for one (1) year, unless later renewed by you by paying the additional applicable fees, or unless earlier terminated by She Plays™ in accordance with these Terms. You shall be able to cancel your subscription within the first two (2) weeks of your subscription, for a full refund, if you are not satisfied with the content made available, and if you provide timely notice to firstname.lastname@example.org. A refund will be processed within a reasonable time after you provide notice of cancellation during such 2-week period. After such 2-week period, you will not be eligible for a refund. If you fail to make any payment when due, your account may be suspended or terminated, in She Plays™’ discretion. All fees and other amounts payable under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, you are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on She Plays™’ income.
If you subscribe to a premium account subscription, you agree that you will not share, post or transmit, or cause to be shared, posted or transmitted, any content of the Site or Service available only to premium account users.
11. ACCOUNT PASSWORD AND SECURITY
At the time of registering for an online account, you must provide a valid email address and supply a username and password to be used in conjunction with your account. Many portions of the Site require registration for access. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all uses of your username and password, whether by you or others. You agree to (a) keep your username and password confidential and not share them with anyone else; (b) immediately notify She Plays™ of any unauthorized use of your username and password or account or any other breach of security; and (c) use only your username and password to access the Site’s Restricted Areas. IF THERE IS UNAUTHORIZED USE OF YOUR ACCOUNT, YOU WILL BE LIABLE FOR THE LOSSES INCURRED BY YOURSELF, SHE PLAYS™ AND OTHERS DUE TO ANY UNAUTHORIZED USE.
12. COMMUNICATIONS AND DISCLOSURES
As a result of your registration for the Service, you may receive certain commercial communications from She Plays™. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to Contact@she-plays.com.
You acknowledge, consent and agree that She Plays™ may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms of Service; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of She Plays™, its Users and the public.
13. DISQUALIFICATION OF USERS
She Plays™, in its sole discretion, may disqualify any entrant from the Site or Service, refuse to award fantasy points or prizes and require the return of any prizes, if an entrant engages in conduct She Plays™ deems to be improper, unfair or otherwise adverse to the operation of the Site or Service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or to claim a prize; accumulating, or attempting to accumulate, points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with this Service; obtaining other entrants’ information and spamming other entrants; engaging in Collusion with other contest participants; abusing the She Plays™ Site in any way; or using language that in the sole discretion of She Plays™ is deemed offensive, intimidating, or in violation of the spirit of building a healthy and friendly fantasy sports environment. You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent She Plays™ from pursuing criminal or civil proceedings in connection with such conduct.
14. TECHNICAL MALFUNCTIONS
You will not hold She Plays™ or its partners responsible for: any incorrect, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the Service), including without limitation any injury or damage to any entrant’s or any other person’s computer equipment relating to or resulting from participation in the Service; inability to access the Site, or any web pages of She Plays™; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any Service provider’s facilities, or any Site for any other reason whatsoever; typographical, printing or other errors; or any combination thereof.
She Plays™ and any partners are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the Service is not capable of running as originally planned, as well as if the Site or Service becomes corrupted or does not allow for the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of She Plays™ corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service, She Plays™ reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the She Plays™ Site.
From time to time servers may overload and data may be lost. She Plays™ assumes no responsibility for the occasional loss of data, irrespective of whether this loss is temporary or permanent in nature.
The failure of She Plays™ to comply with any provision of these rules due to an act of god, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of She Plays™ (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.
In early January of each year all winners who have won prizes over the previous year may be contacted to provide address and social security details. These details will be used to file a 1099-MISC with the Internal Revenue Service. Paying taxes shall be the sole obligation of each user.
16. NON-AFFILIATION WITH ANY SPORTS LEAGUE OR PLAYERS ASSOCIATION
She Plays™, as well as its Site and Service, is not in any way affiliated with any professional or amateur sports league, or with any players association or collection of players. The use of players’ names in conjunction with their statistics in our contests is intended for informational purposes only and should not be construed as an endorsement of our contests.
BY USING THE SHE PLAYS™ SERVICE OR ACCEPTING ANY PRIZE, YOU AGREE TO RELEASE AND TO HOLD HARMLESS SHE PLAYS™ AND EACH OF ITS SUBSIDIARIES, AFFILIATES AND AGENCIES, AS WELL AS THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES OF ANY OF THE FOREGOING ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FOR INJURIES, DAMAGES OR LOSSES TO PERSONS AND PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH PARTICIPATION IN THE SERVICE OR USE OF THE SITE, THE RECEIPT, OWNERSHIP, USE OR MISUSE OF ANY PRIZE AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.
18. NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHE PLAYS™ DISCLAIMS ALL WARRANTIES–STATUTORY, EXPRESS OR IMPLIED–INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PRORPIETARY RIGHTS.
FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT SHE PLAYS™ HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO THE SITE OR USE THE SITE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE SHE PLAYS™ FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICE OR THE SITE. THE SITE MAY CONTAIN OR DIRECT YOU TO SITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. SHE PLAYS™ MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE AND SHE PLAYS™ WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF DOWNLOADED MATERIAL.
19. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, SHALL SHE PLAYS™ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHE PLAYS™ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHE PLAYS™’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHE PLAYS™ IN THE PRECEDING TWELVE (12) MONTHS FOR USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. THIS LIMITATION ON LIABILITY SHALL EXTEND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.
20. OUR PROPRIETARY RIGHTS
All title, ownership and interest in and to the Site, the Service, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and all intellectual property rights thereto are owned by She Plays™ or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by She Plays™, you agree not to modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the Site or the Service, in whole or in part. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
21. LINKS TO THIRD PARTY SITES
The Site provides, or third parties may provide, links to other World Wide Web sites or resources, including, but not limited to, third party advertisers. Recognizing that She Plays™ has no control over such sites and resources, you acknowledge and agree that She Plays™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that She Plays™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES OF THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES IS SOLELY AT YOUR OWN RISK.
She Plays™ may terminate or suspend the Site and any and all Services and your She Plays™ account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Site will immediately cease, and all rights under this contract shall cease other than those deemed to survive termination under Section 33 of the Terms.
If you wish to terminate your She Plays™ account, you may contact us with a note to say you wish to terminate your account. If you contact us expressing the desire to permanently close your account, we will do so at any time, for any reason. The best way to contact us about terminating your account is by emailing us at email@example.com. All fees accruing up until termination shall continue to be due and payable.
23. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms of Service. This means, among other things, that you agree, to the full extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
She Plays™ 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 are a copyright owner, or an agent of a copyright owner, and believe that any content infringes upon your copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent, with the following information in writing (see 17 USC 512(c)(3)): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
She Plays™’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org Only DMCA notices should be sent to the Copyright Agent. Any other communications should be directed to the appropriate channels as indicated by clicking on the “Contact Us” link.
25. CHOICE OF LAW
You agree that any claim you may have against She Plays™, irrespective of whether the claim that is brought arises under contract, tort or other legal theory, shall be interpreted exclusively under the law of the State of New York. No user of this site, successor in interest, or any other party seeking to bring suit on behalf of the interests of a user may attempt to argue any state law claims under any theory other than the State of New York. THIS CHOICE OF LAW CLAUSE SHALL APPLY WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES AND IRRESPECTIVE OF THE UNDERLYING CAUSE OF ACTION.
26. ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:
Any controversy or claim arising out of, in connection with, or in any way relating to the Terms of Service, with the exception of those controversies or claims specifically excluded in the following paragraph, shall be settled by the American Arbitration Association (“AAA”) in connection with its rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Any such arbitration shall be held within a fifty mile radius of Orlando, FL.
You and She Plays™ agree that the following types of disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of either any of your intellectual property rights or She Plays™’s intellectual property rights; and (2) any claim for injunctive relief.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
In addition, you and She Plays™ agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SHE PLAYS™ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: 1915 Lakemont Ave, Unit 317, Orlando, FL 32814. The notice must be sent within 30 days of your first use of the Service. Otherwise you shall be bound to arbitrate disputes. If you opt-out of these arbitration provisions, SHE PLAYS™ also will not be bound by them.
SHE PLAYS™ will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
27. FORUM SELECTION
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and She Plays™ agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located within Orlando, FL. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
28. WAIVER AND SEVERABILITY AND TERMS
The failure of She Plays™ to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by She Plays™ without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be deemed void. In addition, you agree that to the fullest extent permissible by law, no third party shall have any rights to bring claims arising out of this Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.
30. NO AGENCY
You agree that no joint venture, partnership, employment, or agency relationship of any kind exists between you and She Plays™. YOU FURTHER ACKNOWLEDGE THAT BY SUBMITTING USER CONTENT TO SHE PLAYS™, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND SHE PLAYS™.
31. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings and section titles in the Terms are for convenience only and have no legal or contractual effect.
The following sections of these Terms shall survive the termination of the Terms and/or your account, irrespective of whether terminated by you or She Plays™: Sections 6, 8, 9, 12, 14, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 29, 30, 31 and 33.