She Plays, Inc.
Terms of Service
This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and She Plays, Inc. (“She Plays”). These Terms govern your use of She Plays’s website located at https://she-plays.com/, store.she-plays.com and the She Plays application (collectively, the “Site”) and the provision of free online fantasy sports games for any End User over the age of 13, and certain subscription-level content you may have access to through the Site (together with the Site, the “Services”). The Services are licensed, not sold, to you.
- License Grant.
Subject to these Terms, She Plays grants you a limited, non-exclusive, and nontransferable license to use the website for your personal, non-commercial use on devices owned or otherwise controlled by you (“Device(s)”) and to use the Services strictly in accordance with these Terms.?
- Modification to these Terms and the Services.
Additionally, She Plays reserves the right to modify, suspend, or discontinue the Services (including, but not limited to the cancellation of your Account and your suspension of your access to play our games), whether temporarily or permanently at any time for any reason. You agree that She Plays shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to Site in order to continue to use the Services. She Plays may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate users without notice or liability.
You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.
- She Plays Account and Services.
You may access the Site without registering for an account, but as a condition of using certain aspects of the Services, you are required to create an She Plays account (an “Account”).
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your Devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to She Plays immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. She Plays cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
The Services may include a wide range of online fantasy sports games, in which you must select a team of players through the use of your skill and knowledge of certain sports. For all competitions, winners are determined by She Plays based on the ability to predict the performance of teams, the participation of which shall at all times be free to the End User. She Plays shall have the sole discretion of determining its game rules and selecting any winners therefrom. Further, She Plays shall be the sole arbiter of disputes over who wins each competition. Such entries may be void in certain United States states or non-United States countries due to applicable law. If for any reason such entry is against your local laws and regulations, your entry and any win you may procure from any competition shall be void without any liability to She Plays.
Through the use of your Account, you may also access certain premium content offered exclusively to premium members of certain aspects of our Services by purchasing an annual subscription for one of our premium membership Accounts at the prices set forth on the Site’s “Join the Squad” page, the prices of which are subject to change from time to time (each a “Membership”). You may purchase an annual subscription for a Membership by paying the applicable monthly fees or by paying for the full year upfront for a discounted fee. For the avoidance of doubt, all online fantasy gaming shall remain free, and no purchase of any Membership subscription shall provide any End User with any advantage in any free online fantasy gaming. All Memberships are used to gain access to premium content offered by She Plays, including but not limited to monthly emails, monthly playlists, merchandise giveaways, and more.
While we may offer portions of the Services for free, we may charge for certain features of the Services, including, without limitation, if you choose to purchase any She Plays merchandise, products, or Memberships through the Site. For the avoidance of doubt, She Plays fantasy sports games are free to use on our Site. When paid by you, these payments are final and non-refundable. She Plays, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.
She Plays, or any third party payment processor authorized by She Plays, will charge, and you authorize She Plays to charge, the payment method you specify at the time of purchase for any goods or services purchased through the Site or for certain Services. If you pay any amounts with a credit card, She Plays may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.
She Plays reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Site or Services at any time. Regardless of the cause, She Plays reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.
- License Restrictions. You shall not:
- use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;
- use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
- copy any portion of the Services, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
- rent, lease, lend, sell, sublicense otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
- directly or indirectly take any action that imposes or may impose (as determined by She Plays in its sole discretion) an unreasonable or disproportionately large load on She Plays or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run Mail list, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services; or
- create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account.
If for any reason, She Plays determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
- Reservation of Rights. You acknowledge and agree that the Services, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. She Plays, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
- Content and User Content
Through the Services, or via other users, She Plays may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). You have no rights in or to the Content other than as permitted herein to use or access the Services.
You retain your rights to any Content you submit, post or display on or through the Services (“User Content”). She Plays does not receive any rights to the User Content except for the limited rights that enable She Plays to offer its Services. She Plays requires your permission to host, back up, and share User Content. You hereby give She Plays permission to do these activities, and this permission extends to our affiliates and trusted third parties with which She Plays works.
- Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. Although the Site and Services are provided for persons located in the United States, you may have access to the Site or Services if you are not located in the United States. Regardless of where you access the Site or Services, you hereby acknowledge that you may not be able to access all or some of the Site or Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Site or Services from outside the United States, you are responsible for compliance with local laws.
- Updates. She Plays may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that She Plays has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of these Terms.
- ?Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including but not limited to through third-party payment processors, third-party hosting services, third-party advertising (“Third-Party Materials”). You acknowledge and agree that She Plays is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. She Plays does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Term and Termination.
The term of these Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or She Plays as set forth in this section. You may cancel your Account at any time through your Account settings. We may suspend or cancel your Account without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your Account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. She Plays reserves the right to remove your Account information along with any Account settings from our servers with NO liability or further notice to you. Upon termination of your Account. your license to use She Plays’s Services terminates.
- Transfer Account on Death. You agree to provide She Plays with a designee to transfer your Account to upon death.When She Plays becomes aware than an End User dies, She Plays will deliver any document or files on the user’s Account to the designee. In the event that the designee has not survived the user or the user did not provide a designee, said Account shall be transfered to the user’s estate.
- Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SHE PLAYS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SHE PLAYS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- ?Limitation of Liability. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL SHE PLAYS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID BY YOU FOR SHE PLAYS GOODS OR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, SHE PLAY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Indemnification. You agree to indemnify, defend, and hold harmless She Plays and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.
- Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
- US Government Rights. The Services are a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
- Electronic Notices. You agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern.
- Survival. All parts of these Terms which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms or your use of the Site and Services.
- Severability. The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
- Contact. If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org
Last Update: December 1, 2022