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Playmas Terms of Service
BEFORE BECOMING A USER OF PLAYMAS, OPERATED BY PLAYMAS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, YOU MUST READ AND ACCEPT THESE TERMS OF SERVICE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
1. Acceptance of Terms of Service.
Playmas, LLC (hereafter referred to as “Playmas”, “we”, “us”, or “our”) provides an online platform for Carnival bands (“Bands”) to sell their costumes online, communicate with potential and current customers or Band participants (“Buyers”) and third-party suppliers of inventory (“Suppliers”) and track their inventory (online platform referred after herein as “Website”).
Before you register for an account as a Band, or before you make a purchase through the Website as a participant or purchaser (“Purchaser”), you acknowledge and agree that you have read and will comply with and be legally bound by, the terms and conditions of these Terms of Service as amended from time to time (“Terms“), whether or not you become a registered user of the Website. These Terms govern your access to and use of the Website, and constitute a binding legal agreement between you and Playmas. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website. Please note that in addition to these Terms, all payment transactions shall be governed by Stripes’ Services Agreement and all related documents published by Stripe as amended from time to time.
2. Information Needed and Requirements for Setting Up an Account.
3. Content You Provide to the Website and to Other Users.
Content that you post to the Website using your account is your content (“Your Content”). This includes text describing the Costumes, messages you send to other users, photos you post of the Costumes, logos, and word marks for the Band.
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it or sharing it with others. Further you agree that your content shall not:
(a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
(e) Be likely to deceive any person.
(f) Promote any illegal activity, or advocate, promote or assist any unlawful act.
(g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
(j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
B. Permission to Use Your Content. By posting Your Content on our Website, any of Your Content that you post or share to third parties will remain yours however, you grant Playmas a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the services and to promote Playmas, your Costumes, or the Band in general, in any formats and through any channels, including across any third-party website or advertising medium.
C. Promise not to Solicit. In exchange for the use of the Playmas Website, you agree you will not recruit or otherwise solicit any Band or other user to join third party services or websites that are competitive to Playmas, without Playmas’ prior written approval.
D. Limited Use of Website. In exchange for the use of the Playmas Website, you agree not to use the Website to promote Costumes or seek out the purchasing of Costumes and then circumvent these Terms of Service or make a purchase or make a sale independent of the Website, or in anyway that circumvents the obligation to pay Service Fees or server fees.
4. Communication From Playmas
You agree to receive all communications from Playmas electronically via email and to maintain a current email address within your profile at all times. You agree that you will be deemed to have received any notice that Playmas sends to the email address you provide. We recommend that users check their spam folder from time to time to verify that Playmas emails were not misdirected.
5. Modification to Terms of Service.
Playmas reserves the right, at its discretion, to modify the Website or Services and to amend, modify, add to or remove any portion of these Terms of Service at any time and without prior notice, including, without limitation, the applicable fees for use of the Website. If we amend these Terms, any such amendment will be effective immediately upon Playmas either posting the modification on the Terms of Service Website page or providing you with notice of the modification via email. If you continue to access or use the Website or Services after we have posted a modification on the Website or have provided you with email notice of a modification, you shall be deemed to have accepted and you shall be bound by the modified Terms. If you do not accept the modified Terms, you shall cease using the Website, and Playmas’ services.
6. Items You Purchase.
You understand that Playmas does not manufacture, store or inspect any of the items sold through our Website. We provide the venue; the items in our marketplaces are produced, listed and sold directly by independent Bands, so Playmas cannot and does not make any warranties about the Costumes including quality or authenticity. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Playmas from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
7. Account Registration
In order to access certain features of the Website, you must register for an account. Each user (a Band or a purchaser) may not have more than one (1) active Playmas account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Playmas reserves the right to suspend or terminate your account and your access to the Website for any reason, including, without limitation, if you create more than one (1) Playmas account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are solely responsibility for any activities or actions under your Playmas account, whether or not you have authorized such activities or actions. You will immediately notify Playmas if you become aware of any unauthorized use of your Playmas account.
8. Approval for Purchase
Bands may require prior approval of Buyers before an order for Costumes are confirmed. Playmas encourages Buyers to reach out directly to a Band for criteria to purchase a Costume from the Band.
9. No Endorsement
Playmas does not endorse any Bands. Although these Terms of Service require Bands to provide accurate information, Playmas may not verify or attempt to confirm any information provided by Bands or any user’s purported identity. You are solely responsible for determining the identity and suitability of other users who you contact via the Website.
By using the Website and/or the services of Playmas, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Playmas with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Websites regarding any Costumes. This limitation shall not apply to any claim by a Band against Playmas regarding the remittance of payments received from a user or buyer by Playmas on behalf of a Band, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
10. Service Fees and Payments for Costumes
Playmas charges a service fee to the Band (the “Service Fee”), which is based on a percentage of the applicable purchase listing price that buyer or customer pays to a Band for a Costume purchase. (the “Purchase Price”).
In additional to the Service Fee, Playmas is permitted to charge Band a “Setup Fee” at the time a Band chooses to register an account and an ongoing monthly server fee for maintaining the technology.
Each Band hereby permits Playmas to collect payments made by Buyers on behalf of the Band. Each Band agrees that payment for a Costume made by a Buyer to Playmas shall be considered the same as a payment made directly to the Band. You acknowledge and agree that you, and not Playmas, will not be responsible for performing the obligations of any agreements between Buyer and Band, that Playmas is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Playmas disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Playmas is not a party to the agreement between Buyer and the Band; Playmas accepts payments from you on behalf of the Band. Playmas is responsible for remitting such amounts, less applicable Service Fees, to the Band. In the event that Playmas does not remit any such amounts to a Band, such Band will have recourse only against Playmas.
In the event of Costumes and inventory supplied by a Supplier through Playmas’ platform, the Band hereby permits Playmas to make direct payments to the Supplier on behalf of the Band for inventory supplied by the Supplier through Playmas’ platform. Band acknowledges and agrees that, notwithstanding the fact that Playmas is not a party to the agreement between Supplier and the Band, Playmas shall accept payments on the behalf of the Band and remit them to Supplier. Band agrees that payment for a Costume and inventory made by Playmas to Supplier shall be considered the same as payment made directly to the Supplier by the Band or a Buyer.
In connection with a Buyer’s order of a Costume, Buyer will be asked to provide customary billing information such as name, billing address, credit card information to Playmas’ third party payment processor, which is currently “Stripe” (www.stripe.com). You agree to pay Playmas for any confirmed purchases, setup fees, and/or server made in connection with your Playmas account in accordance with these Terms by credit card. All service fees will be billed on a monthly basis at the beginning of the paying portion of each month unless and until you cancel your subscription.
Playmas reserves the right to charge an additional 10% annual interest on all amounts that are due and payable under these Terms and have remained outstanding for up to 30 days.
Playmas reserves the right to withhold transmission of payments to Suppliers until Playmas has received confirmation that the order has been fulfilled.
11. Refunds and Exchanges or Alterations.
Once an order is placed, any cancelations or alterations must be made through the Band directly. Orders may take up to 6 months to be completed. Playmas will not provide refunds on any orders that have been placed less than 6 months before the date of the claim for refund.
Buyers may not claim any refunds. All Costumes sold through Playmas are custom made and all purchases through the platform are deemed final and not eligible for returns, replacements, alterations and refunds.
12. Prohibited Uses.
12.1 Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
(a) 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).
(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
(c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content requirements specified in Sec. 3.
(d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
(e) 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).
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
12.2. Additionally, you agree not to:
(a) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
(b) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
(c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
(e) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
(f) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website.
13. Prohibited Transactions.
You may not use the Website to complete transactions that are related to:
(a) investment and credit services
(b) money processing, financial and legal services
(c) virtual currency or stored value
(d) sales or distribution of infringing and counterfeit goods, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
(e) Counterfeit goods; unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported
(f) Lotteries; bidding fee auctions; sports forecasting or odds making for a monetary or material prize; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance including legal or illegal forms of gambling, internet gambling, sweepstakes and contests with a buy-in or cash prize; charity sweepstakes and raffles for the explicit purpose of fundraising;
(g) Cannabis dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; prescription-only products including card-not-present pharmaceuticals; peptides and research chemicals; fake references or ID-providing services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed;
(h) Pornography and other obscene materials (including literature, imagery and other media) depicting nudity or explicitly sexual acts; sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features; sexually oriented items (e.g., adult toys); adult video stores and sexually oriented massage parlors; gentleman’s clubs, topless bars, and strip clubs; sexually oriented dating services;
(i) Investment opportunities or other services that promise high rewards;
(j) Platforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
(k) Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
(l) any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds; payment facilitation;
(m) any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
(n) any type of high risk business, not related to Company’s business;
(o) Pyramid schemes and multi-level marketing;
(p) Nutraceuticals, pseudo-pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
(q) Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity and online traffic
(r) Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
(s) Sale of in-game currency unless the merchant is the operator of the virtual world;
(t) Use of the Website principally as a virtual terminal (e.g., submitting card transactions by manually inputting card information); processing where there is no bona fide good or service sold, or donation accepted; card testing; evasion of card network chargeback monitoring programs; cross-border acquiring; sharing cardholder information with another merchant for payment cross-sell product or service.
14. Links.
The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that Playmas is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Playmas of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
15. Proprietary Rights Notices.
All trademarks, service marks, logos, trade names and any other proprietary designations of Playmas used herein are trademarks or registered trademarks of Playmas. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
16. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website and Services. Please submit feedback by emailing us at team@playmas.app. You acknowledge and agree that all Feedback will be the sole and exclusive property of Playmas and you hereby irrevocably assign to Playmas and agree to irrevocably assign to Playmas all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Playmas’ request and expense, you will execute documents and take such further acts as Playmas may reasonably request to assist Playmas to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
17. Termination and Playmas Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) limit, suspend or terminate your access to your account, our Website, and/or Services, and (b) deactivate or cancel your Playmas account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you, which we are legally obligated to pay you. In the event Playmas terminates these Terms, or your access to our Website, and Services or deactivates or cancels your Playmas account you will remain liable for all amounts due hereunder. Please note that if your Playmas account is cancelled, we do not have an obligation to delete or return to you any of Your Content you have posted to the Website and Services, including, but not limited to, any reviews or feedback so please make copies if you would like to retain long-term access.
18. Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT PLAYMAS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, MEMBERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PLAYMAS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PLAYMAS MAKES NO WARRANTY THAT THE WEBSITE, AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ITEM FOR PURCHASE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PLAYMAS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ITEM OR COSTUMES FOR PURCHASE, SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER SUBMITTED CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PLAYMAS OR THROUGH THE WEBSITE OR, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, OR SERVICES. YOU UNDERSTAND THAT PLAYMAS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE, OR SERVICES OR TO REVIEW, VERIFY OR VISIT ANY ITEM FOR SALE. PLAYMAS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEETING OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PLAYMAS. NOTWITHSTANDING PLAYMAS’ ACCEPTANCE OF PAYMENTS FROM BUYERS ON BEHALF OF THE BANDS, PLAYMAS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER, RENTER, OR THIRD PARTY.
19. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES, AND THEIR CONTENT, YOUR PURCHASE OR SALE OF ANY COSTUMES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PLAYMAS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PLAYMAS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR SERVICES 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, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES OR, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE AND SERVICES.
20. Indemnification
You agree to release, defend, indemnify, and hold Playmas 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 (a) your access to or use of the Website, Services, or (b) your violation of these Terms; (c) your Member Content; (d) your interaction with any other user; (e) your creation of a Costume listing; (f) the sale of a Costume to another user, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a sale; (g) your violation of any local ordinance, state or federal law or regulation.
21. Force Majeure.
Playmas shall not be held liable for delay or failure in the performance of any of its obligations hereunder if such delay or failure is due to causes beyond its reasonable control, including, without limitation acts of God; acts, regulations, or laws of any government; war; terrorism; civil commotion; fire, flood, earthquake, tornado, tsunami, explosion or storm; pandemic; epidemic and failure of public utilities or common carriers (“Force Majeure” event). In the event of Force Majeure Playmas will notify Bands, and Buyers of such inability and of the period for which such inability is expected to continue. Playmas will be excused from such of its obligations under these Terms as it is thereby disabled from performing for so long as it is so disabled.
22. Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and Playmas agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
23. Dispute Resolution
You and Playmas agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Playmas are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Playmas otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
24. No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
25. General
The failure of Playmas to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Playmas. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. This Agreement constitutes the complete and exclusive agreement between the parties regarding the subject matter hereof and supersede all prior written or oral proposals and understandings related hereto. The parties acknowledge having read the terms and conditions set forth in this Agreement, understand all terms and conditions, and agree to be bound by them.
26. Your Comments and Concerns.
This Website is operated by:
Playmas, LLC
55 Page Street #727, San Francisco,
CA 94102
United States
All feedback, comments, requests for technical support and other communications relating to the Website and the Application should be directed to: team@playmas.app.
Thank you for visiting the Website.
Last Updated: September 24, 2021
Playmas (“us”, “we”, or “our”) operates playmas.app (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name (“Personal Information”), address, email and phone number.
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that you may receive from time to time.
Playmas enables our clients to deliver an elevated Mas experience. We do this through providing innovative software solutions, consultancy, thought leadership and sustainability solutions. We are the #1 Trusted mas management platform.
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such
as Google Analytics that collect, monitor and analyse this.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that you may receive from time to time.
This Privacy Policy is effective as of (8/1/16) and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
Terms of Service
BEFORE BECOMING A USER OF PLAYMAS, OPERATED BY Playmas Tech., Inc., A DELAWARE LIMITED LIABILITY COMPANY, YOU MUST READ AND ACCEPT THESE TERMS OF SERVICE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
Playmas, LLC (hereafter referred to as “Playmas”, “we”, “us”, or “our”) provides an online platform for Carnival bands (“Bands”) to sell their costumes online, communicate with potential and current customers or Band participants (“Buyers”) and third-party suppliers of inventory (“Suppliers”) and track their inventory (online platform referred after herein as “Website”).
Before you register for an account as a Band, or before you make a purchase through the Website as a participant or purchaser (“Purchaser”), you acknowledge and agree that you have read and will comply with and be legally bound by, the terms and conditions of these Terms of Service as amended from time to time (“Terms”), whether or not you become a registered user of the Website. These Terms govern your access to and use of the Website, and constitute a binding legal agreement between you and Playmas. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website. Please note that in addition to these Terms, all payment transactions shall be governed by Stripes’ Services Agreement and all related documents published by Stripe as amended from time to time.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
You are responsible for both: (1) Making all arrangements necessary for you to have access to the Website, and (2) Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
In order to access certain features of the Website, you must register for an account. Each user (a Band or a purchaser) may not have more than one (1) active Playmas account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Playmas reserves the right to suspend or terminate your account and your access to the Website for any reason, including, without limitation, if you create more than one (1) Playmas account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you are solely responsibility for any activities or actions under your Playmas account, whether or not you have authorized such activities or actions. You will immediately notify Playmas if you become aware of any unauthorized use of your Playmas account.
You must be 18 or older to access and use the Website and to use Playmas’ Services (“Services”).
It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy PolicyIf you are selling products as a Band, you should have the legal authority to represent the band and you shall provide accurate information regarding the garments and accessories that you intend to sell (“Costumes”) and shall present photos that accurately depict the Costumes.
You agree that as the person setting up the account, you will be responsible for any and all activity that occurs on your account, even if you share the login details with other members of your band.
The Website 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) are owned by Playmas, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, [non-commercial] use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any unauthorized purposes any part of the Website or any services or materials available through the Website.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Content that you post to the Website using your account is your content (“Your Content”) and should meet the content standards specified in this provision (the “Content Standards”). This includes text describing the Costumes, messages you send to other users, photos you post of the Costumes, logos, trademarks and brand names for the Band, and other materials.
(a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
(e) Be likely to deceive any person.
(f) Promote any illegal activity, or advocate, promote or assist any unlawful act.
(g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
(j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS PLAYMAS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PLAYMAS OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe any materials or content accessible on or from the Website infringe your copyright, you may request removal of those materials or content (or access thereto) from the Website controlled by us by submitting written notification to our Copyright Agent (designated below), which must include substantially the following:
(a) Your physical or electronic signature.
(b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
(c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(d) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
(e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
(f) A statement that the information in the written notice is accurate.
(g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive such written notifications is: [___]
Email: [______]
With a copy to: Hello@sutterlegal.com
You agree to receive all communications from Playmas electronically via email and to maintain a current email address within your profile at all times. You agree that you will be deemed to have received any notice that Playmas sends to the email address you provide. We recommend that users check their spam folder from time to time to verify that Playmas emails were not misdirected.
Playmas reserves the right, at its discretion, to modify the Website or Services and to amend, modify, add to or remove any portion of these Terms of Service at any time and without prior notice, including, without limitation, the applicable fees for use of the Website. If we amend these Terms, any such amendment will be effective immediately upon Playmas either posting the modification on the Terms of Service Website page or providing you with notice of the modification via email. If you continue to access or use the Website or Services after we have posted a modification on the Website or have provided you with email notice of a modification, you shall be deemed to have accepted and you shall be bound by the modified Terms. If you do not accept the modified Terms, you shall cease using the Website, and Playmas’ services.
10. Items You Purchase.
You understand that Playmas does not manufacture, store or inspect any of the items sold through our Website. We provide the venue; the items in our marketplaces are produced, listed and sold directly by independent Bands, so Playmas cannot and does not make any warranties about the Costumes including quality or authenticity. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Playmas from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Bands may require prior approval of Buyers before an order for Costumes is confirmed. Playmas encourages Buyers to reach out directly to a Band for criteria to purchase a Costume from the Band.
Playmas does not endorse any Bands. Although these Terms of Service require Bands to provide accurate information, Playmas may not verify or attempt to confirm any information provided by Bands or any user’s purported identity. You are solely responsible for determining the identity and suitability of other users who you contact via the Website.
By using the Website and/or the services of Playmas, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Playmas with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Websites regarding any Costumes. This limitation shall not apply to any claim by a Band against Playmas regarding the remittance of payments received from a user or buyer by Playmas on behalf of a Band, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Playmas charges a service fee to the Band (the “Service Fee”), which is based on a percentage of the applicable purchase listing price that buyer or customer pays to a Band for a Costume purchase. (the “Purchase Price”).
In additional to the Service Fee, Playmas is permitted to charge Band a “Setup Fee” at the time a Band chooses to register an account and an ongoing monthly server fee for maintaining the technology.
Each Band hereby permits Playmas to collect payments made by Buyers on behalf of the Band. Each Band agrees that payment for a Costume made by a Buyer to Playmas shall be considered the same as a payment made directly to the Band. You acknowledge and agree that you, and not Playmas, will not be responsible for performing the obligations of any agreements between Buyer and Band, that Playmas is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Playmas disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Playmas is not a party to the agreement between Buyer and the Band; Playmas accepts payments from you on behalf of the Band. Playmas is responsible for remitting such amounts, less applicable Service Fees, to the Band. In the event that Playmas does not remit any such amounts to a Band, such Band will have recourse only against Playmas.
In the event of Costumes and inventory supplied by a third party supplier through Playmas’ platform, the Band hereby permits Playmas to make direct payments to the supplier on behalf of the Band for inventory supplied by the supplier through Playmas’ platform. Band acknowledges and agrees that, notwithstanding the fact that Playmas is not a party to the agreement between Supplier and the Band, Playmas shall accept payments on the behalf of the Band and remit them to Supplier. Band agrees that payment for a Costume and inventory made by Playmas to Supplier shall be considered the same as payment made directly to the Supplier by the Band or a Buyer.
In connection with a Buyer’s order of a Costume, Buyer will be asked to provide customary billing information such as name, billing address, credit card information to Playmas’ third party payment processor, which is currently “Stripe” (www.stripe.com). You agree to pay Playmas for any confirmed purchases, setup fees, and/or server made in connection with your Playmas account in accordance with these Terms by credit card. All service fees will be billed on a monthly basis at the beginning of the paying portion of each month unless and until you cancel your subscription.
Playmas reserves the right to charge an additional 10% annual interest on all amounts that are due and payable under these Terms and have remained outstanding for up to 30 days.
Playmas reserves the right to withhold transmission of payments to suppliers until Playmas has received confirmation that the order has been fulfilled.
Once an order is placed, any cancelations or alterations must be made through the Band directly. Orders may take up to 6 months to be completed. Playmas will not provide refunds on any orders that have been placed less than 6 months before the date of the claim for refund.
Buyers may not claim any refunds. All Costumes sold through Playmas are custom made and all purchases through the platform are deemed final and not eligible for returns, replacements, alterations and refunds.
15.1 Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
(a) 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).
(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
(c) To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content requirements specified in Sec. 3.
(d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
(e) 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).
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
15.2. Additionally, you agree not to:
(a) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
(b) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
(c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
(e) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
(f) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website.
You may not use the Website to complete transactions that are related to:
(a) investment and credit services
(b) money processing, financial and legal services
(c) virtual currency or stored value
(d) sales or distribution of infringing and counterfeit goods, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
(e) Counterfeit goods; unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported
(f) Lotteries; bidding fee auctions; sports forecasting or odds making for a monetary or material prize; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance including legal or illegal forms of gambling, internet gambling, sweepstakes and contests with a buy-in or cash prize; charity sweepstakes and raffles for the explicit purpose of fundraising;
(g) Cannabis dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; prescription-only products including card-not-present pharmaceuticals; peptides and research chemicals; fake references or ID-providing services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed;
(h) Pornography and other obscene materials (including literature, imagery and other media) depicting nudity or explicitly sexual acts; sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features; sexually oriented items (e.g., adult toys); adult video stores and sexually oriented massage parlors; gentleman’s clubs, topless bars, and strip clubs; sexually oriented dating services;
(i) Investment opportunities or other services that promise high rewards;
(j) Platforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
(k) Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
(l) any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds; payment facilitation;
(m) any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
(n) any type of high risk business, not related to Company’s business;
(o) Pyramid schemes and multi-level marketing;
(p) Nutraceuticals, pseudo-pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
(q) Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity and online traffic
(r) Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
(s) Sale of in-game currency unless the merchant is the operator of the virtual world;
(t) Use of the Website principally as a virtual terminal (e.g., submitting card transactions by manually inputting card information); processing where there is no bona fide good or service sold, or donation accepted; card testing; evasion of card network chargeback monitoring programs; cross-border acquiring; sharing cardholder information with another merchant for payment cross-sell product or service.
The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that Playmas is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Playmas of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
All trademarks, service marks, logos, trade names and any other proprietary designations of Playmas used herein are trademarks or registered trademarks of Playmas. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website and Services. Please submit feedback by emailing us at team@playmas.app. You acknowledge and agree that all Feedback will be the sole and exclusive property of Playmas and you hereby irrevocably assign to Playmas and agree to irrevocably assign to Playmas all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Playmas’ request and expense, you will execute documents and take such further acts as Playmas may reasonably request to assist Playmas to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) limit, suspend or terminate your access to your account, our Website, and/or Services, and (b) deactivate or cancel your Playmas account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you, which we are legally obligated to pay you. In the event Playmas terminates these Terms, or your access to our Website, and Services or deactivates or cancels your Playmas account you will remain liable for all amounts due hereunder. Please note that if your Playmas account is cancelled, we do not have an obligation to delete or return to you any of Your Content you have posted to the Website and Services, including, but not limited to, any reviews or feedback so please make copies if you would like to retain long-term access.
Playmas does not manufacture or control any of the products offered through our Website. The availability of products through Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our Website. However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT PLAYMAS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, MEMBERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PLAYMAS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PLAYMAS MAKES NO WARRANTY THAT THE WEBSITE, AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ITEM FOR PURCHASE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PLAYMAS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ITEM OR COSTUMES FOR PURCHASE, SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER SUBMITTED CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PLAYMAS OR THROUGH THE WEBSITE OR, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, OR SERVICES. YOU UNDERSTAND THAT PLAYMAS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE, OR SERVICES OR TO REVIEW, VERIFY OR VISIT ANY ITEM FOR SALE. PLAYMAS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEETING OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PLAYMAS. NOTWITHSTANDING PLAYMAS’ ACCEPTANCE OF PAYMENTS FROM BUYERS ON BEHALF OF THE BANDS, PLAYMAS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER, RENTER, OR THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES, AND THEIR CONTENT, YOUR PURCHASE OR SALE OF ANY COSTUMES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PLAYMAS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PLAYMAS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR SERVICES 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, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES OR, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE AND SERVICES.
You agree to release, defend, indemnify, and hold Playmas 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 (a) your access to or use of the Website, Services, or (b) your violation of these Terms; (c) your Member Content; (d) your interaction with any other user; (e) your creation of a Costume listing; (f) the sale of a Costume to another user, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a sale; (g) your violation of any local ordinance, state or federal law or regulation.
Playmas shall not be held liable for delay or failure in the performance of any of its obligations hereunder if such delay or failure is due to causes beyond its reasonable control, including, without limitation acts of God; acts, regulations, or laws of any government; war; terrorism; civil commotion; fire, flood, earthquake, tornado, tsunami, explosion or storm; pandemic; epidemic and failure of public utilities or common carriers (“Force Majeure” event). In the event of Force Majeure Playmas will notify Bands, and Buyers of such inability and of the period for which such inability is expected to continue. Playmas will be excused from such of its obligations under these Terms as it is thereby disabled from performing for so long as it is so disabled.
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and Playmas agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Playmas agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Playmas are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Playmas otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
The failure of Playmas to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Playmas. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. This Agreement constitutes the complete and exclusive agreement between the parties regarding the subject matter hereof and supersede all prior written or oral proposals and understandings related hereto. The parties acknowledge having read the terms and conditions set forth in this Agreement, understand all terms and conditions, and agree to be bound by them.
This Website is operated by:
Playmas Tech., Inc.
10 Lilac, Lake Forest,
CA 92630
United States
All feedback, comments, requests for technical support and other communications relating to the Website and the Application should be directed to: team@playmas.app.
Thank you for visiting the Website.
Last Updated: April 22, 2024
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