Terms and Conditions
- Player FAQs & Eligibility
- Player Terms of Service
- Player Acceptable Use Policy
- Tournament Rules
- PlaySpree Talent Videos & Content
PLAYER FAQS & ELIGIBILITY
- What is PlaySpree? PlaySpree is a self-serve platform for influencers to sponsor and promote their own skill-based mobile esports game tournaments where players win cash.
- Who is eligible to compete in PlaySpree games? Anyone over age 18 with a mobile phone can play. You’re age will be verified in order to claim winnings.
- What makes PlaySpree legal? All games with cash-enabled competitions have undergone tests to ensure they are as fair and skill-based as commercial practicable.
- What is the difference between skill-based gaming and gambling? Players’ abilities determine the outcome of a skill-based competition. Gambling involves significant elements of chance and increased performance is often uncorrelated with additional play.
- What happens if players try to play a PlaySpree game where cash competitions are not enabled? For states and countries where cash competitions are not permitted, generally, players may still compete in practice gameplay if available.
- How do I know that each game is fair? PlaySpree technology and teams ensure that each tournament provides the same circumstances to each player. Software and fraud prevention teams also monitor gameplay to prevent cheating and ensure competitions are fair.
- Where are PlaySpree cash tournaments available? Cash tournaments currently are disabled in certain countries and some U.S. states to comply with local regulations.
PlaySpree free tournaments are available to all players.
PlaySpree cash tournaments are available to players over the age of 18 in the United States, except for residents of, or players located in, the following states:
In order to play for cash, your device location settings must be enabled to ensure eligibility.
PLAYER TERMS OF SERVICE
Updated January 2021
Welcome to PlaySpree!
We hope you’ll enjoy being a part of our social gaming community by participating in our online gaming challenges, competitions and tournaments (collectively, “Competitions” or “Tournaments”) and using other applications, websites, tools and services that we may provide from time to time (together with Competitions, the “Services”).
1. GENERAL TERMS
1.1. ARBITRATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SOFTWARE OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 14 BELOW. PLEASE READ SECTION 14 CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
1.2. Changes to the Terms. We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website at www.playspree.ai (“Website”) of any material changes, and you can see when these Terms were last revised by referring to the “Updated” legend above. Your continued participation in Competitions and/or use of the Website, Software, Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.
1.3. Eligibility. You may not modify these Terms except in writing signed by both you and PlaySpree. For purposes of these Terms, “writing” does not mean an email nor an electronic/facsimile signature.
1.3.1. United States (U.S.). To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with PlaySpree; (c) be physically located within the U.S. when accessing your Account and participating in Competitions; (d) be physically located within a U.S. state in which participation in the Competition you select is unrestricted by that state’s laws; and (e) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.
1.3.2. Non-U.S. Non-US residents and players physically located outside of the United States are currently not eligible for PlaySpree Competitions.
1.3.3. Children. The Services will not knowingly accept personal information from anyone under 18 years old. If you believe that a child under 18 has gained access to the Services, please contact us at firstname.lastname@example.org. We have taken commercially reasonable steps to restrict use of Services to those who are at least 18 years old. We do not sell products or services for purchase by minors.
1.3.4. Account Registration and Tournament Eligibility. For the avoidance of doubt, account registration does not automatically make you eligible to play in Competition. We reserve the right to change eligibility requirements without notice to you. Please check Competition eligibility requirements often.
1.3.5. NOTWITHSTANDING THE FOREGOING, COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.
1.4. Registration. When you create an Account, you may be asked for full name, address, a legitimate email address that you control and to create a password and for your social media username. After registration, you will be given the opportunity to create a username or accept a username given by the Services. The password and username are needed to participate in the Services. As a registered user, you can update your account settings, including your email address, by logging into your PlaySpree Account at our Website and clicking “Account Settings” or by sending an email to us or by interacting with our bot. Also, if you forget either your password or username, you can visit the Website or email us for help. Please keep your username and password secret because you are responsible for all activity taken through your Account. Although we may offer a feature that allows you to “save” or “remember” your password, this feature makes it possible for third parties to access your Account, so please use that feature prudently because such use is at your own risk. We may, in our sole discretion, reject, change, suspend and/or terminate your username.
1.5. Your Account. You, as the holder of your Account, are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account; (ii) access Services or Software through your Account; or (iii) accept or use prizes, winnings and other representative of value (including without limitation digital gift cards and other digital trophies, virtual currency or virtual goods) (collectively “Winnings”). Neither your Account nor Winnings nor any Digital Assets (defined in Section 10.3) are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.
1.6. Personal Location Data. As a part of this service, we collect location information from your device. If you would like to opt out of having this information collected, you can disable location access to any PlaySpree game through the Settings menu on your mobile device and browser. This may not be possible on all devices and browsers. Disabling our ability to collect location data may make you ineligible to participate in Competitions that require location verification.
1.7. Use of Information Collected. By upgrading an account and providing an email address, users subscribe to and authorize PlaySpree to provide them with important announcements, relevant promotions, and other related communications. Users will always have the opportunity to unsubscribe from these communications at any time, to unsubscribe email a request to email@example.com.
1.8. Employee Policy. PlaySpree directors and employees may use the Services and/or Software for the purpose of testing the user experience, but may not withdraw money. PlaySpree contractors, affiliates, or partners are instructed that any use of the Website, Services and/or Software is permitted only to the extent that they do not have any access to non-public information relating to the Services and/or Software that would lead to any advantage in their play using the Services and/or Software.
In addition to any other terms and conditions, for greater clarity, Competitions are subject to the following:
1.9. Registration & Eligibility
- You must register via one of the following methods;
- PlaySpree Tournament websites
- Social messaging platform application, if supported by Play Spree.
- When registering via supported messaging platform your messaging platform user data will be used as the PlaySpree account registration data.
- Winnings for tournaments will be processed through the PlaySpree website.
- PlaySpree will declare a single high score winner or multi-winner prizing for each Competition.
- Winners are determined by the highest score + shortest time in Competition
- Winner(s) are subject to player validation/authentication to claim their Winnings
1.11. Paid Competitions
- Payment by credit card, or another method determined by PlaySpree in its sole discretion, is required for paid Competitions
- Paid Competition entry fees will be fixed prior to each Competition period
- PlaySpree, in its sole discretion, will process the entry fee, through a third party processor, using the platform supported 3rd-party payment processing solution.
1.12. Paid Competition Rules/Structure
- Paid Competitions will be declared a Paid Competition with a fixed entry fee
- Paid Competition period, “the start and end date”, will be declared and fixed. For example, 1 day: January 19 from 12:00:00AM to 11:59:59pm.
- You must register prior to the end of the Competition period
- You may enter multiple unique Paid Competitions.
- Once a Paid Competition period ends no additional players can register.
- PlaySpree will declare unlimited or capped player registration for each Paid Competition.
- Each PlaySpree game will define “how to play” game and scoring rules
1.13. Free Competition Rules/Structure
- Free Competition will be declared a Free Competition with no entry fee
- Free Competition Period, “the start and end date”, will be declared and fixed (e.g. 7 days / May 28, 2020 – June 3, 2020)
- You may register for Free Competition prior to the end of the Competition Period.
- You may enter multiple unique Free Competitions.
- Each PlaySpree game will define “how to play” game and scoring rules
Each Competition will be operated under the supervision of PlaySpree. The decisions of PlaySpree are final and binding in all matters relating to Competitions. The winner will be notified by PlaySpree via email and/or by our chatbot; provided, however, that PlaySpree reserves the right to determine an alternate method of notification. If an entrant is found to be ineligible, PlaySpree may, at its option and sole discretion, choose not to award the Winnings at all.
3. WINNINGS, ACCOUNTS, AND PAYMENTS
3.1. Announcement of Competitions. Competitions will be announced through our Service, including, without limitation, our website and/or chatbot, from time to time. You may join each Competition while it is live.
3.2. Fees. Fees and payments for Services that you pay to us (“Fees”) and our billing procedures are detailed in our billing application (“Billing Application”). If there are Fees charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid, and are non-refundable. You are fully responsible and liable for all transactions with respect to your Account, including any unauthorized transactions. We may change the price of Services at any time, but no price change will affect your past purchases.
3.3. Billing. We may change Fees and billing procedures by updating our billing application with or without notice to you. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Services using your payment method; and (iii) authorize us to charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you don’t tell us within that time, we will not be liable for any losses resulting from the error and we will not be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
3.5. Credit Card, PayPal Use and Other Payment Processors. When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.
3.6. Refund Policy. Unless otherwise required by law, no refunds are given.
3.7. Winnings and Requirements. If you are a Cash Player, and you are an authorized winner of a Cash Competition, in our sole discretion, subject to announcement prior to the commencement of the Tournament, we will process your Winnings exclusively in (i) cash via a payment processor we select in our sole discretion or (ii) in the form of Digital Gift Cards and/or Digital Assets, provided, however, that we may freeze your Account and/or delay the processing of winnings pending completion of any investigation of reported or suspected Abuse, verification of eligibility, or to comply with Applicable Laws. Further, if you are eligible to receive Winnings, we may require that you provide us with proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the relevant Winnings. If a transaction is made with respect to your Account in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.
3.7.1. Cash. When Winnings are paid in cash, the amount we pay will be less any payment processing fee (such as PayPal, Stripe, Venmo etc …).
3.7.2. Digital Gift Card. We may assign Winnings to your Account in the form of digital gift card (collectively, “Digital Gift Cards”). The face value of Digital Gift Cards processed as Winnings will vary according to each Cash Competition. Digital Gift Cards will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a Digital Gift Card is permitted. All expenses or costs associated with the acceptance or use of Digital Gift Cards are your responsibility. Digital Gift Cards are awarded “as is” and without any warranty, except as required by law. Use of Digital Gift Cards is subject to issuer’s terms and conditions. All federal, state and local taxes on the value of any Digital Gift Card processed to your account are your responsibility. An IRS form 1099 will be issued if required by law.
3.7.3. Digital Assets. We may assign Winnings to your Account in the form of digital or virtual objects or assets, excluding Digital Gift Cards, but including, without limitation, virtual trophies or virtual goods, (collectively, “Digital Assets”). You acknowledge that because all Digital Assets are created through the Services, we solely and exclusively own all Digital Assets. To the extent we do not automatically own any Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to such Digital Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Digital Assets that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform, and otherwise use and exploit such Digital Assets, (b) to use, make, have made, sell, offer to sell, import, and otherwise exploit any product or service based on, embodying, incorporating, or derived from Digital Assets, and (c) to exercise any and all other present or future rights not yet known in Digital Assets. Subject to these Terms, we grant you a limited license to use Digital Assets through your own Account solely for purposes and in furtherance of your use of Services. We may suspend withdrawals or assess a processing fee of up to $1.00 for any withdrawal of a Digital Asset with a cash value less than $10.00.
3.8. Our Decisions are Final. Decisions of PlaySpree are final and binding with respect to all matters related to each Competition. In no event shall PlaySpree be obligated to award any prizes other than Winnings specified in these Terms of Service. PlaySpree does not guarantee that Winnings can be made available to the winner. Winnings are not assignable and not transferable and no substitutions are permitted. In addition, Winnings are unable to be fulfilled to the winner due to any applicable law, rule or regulation, or if the winner cannot claim Winnings for any reason, then PlaySpree reserves the right to not award Winnings at all. To receive a complete list of winners or a copy of the Official Rules, send a self-addressed stamped envelope to PlaySpree, Inc..
3.9. Taxes. If you are a U.S. resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if the value of your Winnings total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold and reduce the value of your future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
3.10. Account Monthly Maintenance Fee. If your Account is inactive (i.e. you have not entered at least one (1) tournament) for six (6) consecutive months or more, we reserve the right to charge a one-time reactivation fee of $3.00 (the “Reactivation Fee”) for any subsequent Cash Competition you enter. After five or more months of inactivity we will attempt to notify you by email that if your Account remains inactive for one more month, the Reactivation Fee will be added to any entry fee for your next Cash Competition. If your Account has been inactive for twelve or more consecutive months we reserve the right to close your Account.
311. Closing Accounts; Forfeiture of Winnings. If you close your Account, we will process any final winnings, except as otherwise provided herein. If we unilaterally close or terminate your Account for cause as allowed in these Terms, your winnings may be forfeited and not processed to you. If your Winnings are forfeited by you in accordance with this Section or any other Section hereof, we may use retain your Winnings and apply them to another Cash Competition or, if possible, to defray the costs of administration and enforcement of these Terms, or allocate or disburse such value to other Services, or donate them.
3.12. Miscellaneous. Unless prohibited by applicable law, your acceptance of Winnings constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner PlaySpree deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list). An entrant or winner may be disqualified from each Competition if he or she fails to comply with each provision of our Terms of Service, as determined in the sole discretion of PlaySpree. Participation in each Competition is at entrant’s own risk. PlaySpree shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in each Competition; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading any app or otherwise in connection with Competitions; or (5) any warranty with respect to any Winnings or any component thereof.
3.13. COMPETITIONS ARE PROVIDED “AS IS” AND PLAYSPREE DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST. NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, PLAYSPREE SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF WINNINGS FOR THE APPLICABLE COMPETITION, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
3.14. By entering a Competition, you agree to and hereby do release and hold harmless PlaySpree, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Winnings or your participation in a Competition, or from any misuse or malfunction of any Winnings awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with Competitions may be prosecuted to the full extent of the law. PlaySpree reserves the right, in its sole discretion, to cancel or suspend any Competition should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of such Competition. In the event of cancellation or suspension, PlaySpree shall promptly post a notice via the PlaySpree chat bot to such effect. All Competitions shall be governed by New York law, without regard to conflicts of laws provisions. By participating in a Competition, you agree that any dispute or litigation arising from or relating to such Competition shall be determined by binding arbitration only in New York, NY, by and under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, PlaySpree may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
4. SERVICES AND SOFTWARE
4.1. The Services. We may, with or without notice to you: (1) modify, suspend or terminate your access to the Website, Services and/or Software for any reason without liability; and (2) interrupt the operation of the Website, Services and/or Software as necessary to perform maintenance, error correction, or other work. We may suspend and/or close the account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice and without liability. Also, and without limiting our other rights or remedies, if we believe you have violated these Terms or if you have violated these Terms, we may determine that your Winnings, if any, will be forfeited, disgorged or recouped by us.
4.2. Game Software. Subject to these Terms, we grant to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to run our HTML5 game software (“Software”) on your personal computer or device, owned or controlled by you, on which the Software operates (“Device”), solely for the purpose of accessing and using the Services and Software in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licensed rights only. You may not network the Software among devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Software, or its structural framework; (ii) create derivative works of the Software; (iii) use the Software in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software that is under your possession or control.
4.3. Third-Party Software. If you wish to participate in Competitions or receive Services, you may be required to first download certain third-party software and/or mobile applications (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is collectively “Third-Party Software”). If you do not download any required Third-Party Software, you will not be able to participate in Competitions or receive relevant Services. You will download Software from a third-party developer, such as a social message app developer, but in either case your use of the Third-Party Software is subject to these Terms.
4.4. Access and Updates by Third-Party Software Developers. You acknowledge that technical support for Third-Party Software is provided from the third-party developer of such Third-Party Software. Such technical support may require that such third-party developer remotely access Device. Access to your Device by any third-party developer is governed by the terms, conditions and policies of such third-party developer, if any.
4.5. Beta Releases. For any Service that is identified by us as a “beta” version (“Beta Service”), you acknowledge and agree that a Beta Service may contain more or fewer features than the final release of the Service. We reserve the right, in our sole discretion, not to release a final release of a Beta Service or to alter its features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
4.6. Third Party Sites and Games. You may be able to access third-party websites, games or services via the Software, Services or Website. We are not responsible for third-party websites, games, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers and game developers). Your use of Third-Party Software, websites or services may be subject to that third-party’s terms and conditions. From time to time, we may make our own games and third-party games accessible through our Website and Service. The provision of our games and such third-party games may be subject to certain additional terms and conditions of PlaySpree or the respective third-party game developer.
5. COMPLIANCE WITH LAWS
5.1. Prohibited US States/Countries. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. THEREFORE, WE DO NOT OFFER CASH COMPETITIONS (AS DEFINED IN SECTION 8.3) TO USERS PARTICIPATING IN COMPETITIONS IN ANY STATE IN WHICH SUCH COMPETITION VIOLATES ITS GAMING LAWS (“PROHIBITED JURISDICTION”), AND IF YOU ARE LOCATED IN ANY PROHIBITED JURISDICTION THEN YOU MAY NOT PARTICIPATE IN CASH COMPETITIONS. IN THE UNITED STATES, PROHIBITED JURISDICTIONS, AS OF THE “UPDATED” DATE ABOVE, INCLUDE: ARIZONA, ARKANSAS, CONNECTICUT, DELAWARE, FLORIDA, ILLINOIS, LOUISIANA, MARYLAND, MISSOURI, MONTANA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE AND VERMONT. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.
5.2. Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to Competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. YOUR PARTICIPATION IN COMPETITIONS IS AT YOUR OWN RISK, AND YOU AGREE NOT TO HOLD US RESPONSIBLE OR LIABLE IF APPLICABLE LAWS RESTRICT OR PROHIBIT YOUR ACCESS OR PARTICIPATION.
5.3. LEGAL DISCLAIMERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
6. YOUR REPRESENTATIONS AND WARRANTIES TO US
You represent and warrant to us that (1) you have the right, authority, and capacity to agree to these Terms, to register for an Account, and to participate in those Competitions for which you register; and (2) you will comply with these Terms when participating in Competitions, receiving Services, and/or using Software; and (3) all information you supply to us is complete, accurate and current (and knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your Account and forfeiture of Winnings).
7. YOUR INDEMNIFICATION OF US
You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (i) your breach of these Terms; (ii) any use of your Account, the Website, the Software and the Services by any person including yourself; (iii) your violation of Applicable Laws; and/or (iv) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
8. COPYRIGHT COMPLAINTS
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located in this game; Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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 the exclusive right that is allegedly infringed.
PlaySpree’s Designated Agent is:
Attn: Legal Department
50 E. Ridgewood Avenue, #214
Ridgewood, NJ 07450
9. PROPRIETARY RIGHTS
9.1. Your Content. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit, and display any and all communications, materials, content and information that you submit to us, whether directly or through the Website or Services (“Content”), and waive any moral rights you may have in Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions, or the like, will be treated by us as non-confidential and non-proprietary. Subject to these Terms, we may use Content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share Content in a way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching these Terms. You represent and warrant to us that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate any Applicable Laws. If your Account is cancelled or terminated, we may permanently delete your Content from our servers and we have no obligation to return Content to you.
9.2. Ownership. All content of the Website, Software, Services, and all PlaySpree products and services, and all PlaySpree logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel”, and all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein: no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
10. TERM AND TERMINATION
These Terms apply to you and to us from the date that you accept them as provided above, until termination of your Account (whether by deactivation, cancellation, closure, expiration or termination by you or us). You may terminate these Terms at any time and for any reason by going to the Contact webpage (https://playspree.ai/contact/) and following the account closure process or by sending us an email to firstname.lastname@example.org or by interacting with our chatbot. Upon termination of your Account, you must immediately discontinue use of the Services and the Software. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use Digital Assets. Your obligation to pay accrued Fees will survive any termination of these Terms. Any and all terms and conditions within these Terms which should, by their nature, survive termination of these Terms, will survive such termination (including without limitation Sections 3,4,5,6,7,9,11,12,13,14,15).
11. ADDITIONAL TERMS
Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that some or all of these Terms don’t apply.
We strive to keep Services and Software up and running; however, all online services suffer occasional disruptions and outages, we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, SOFTWARE, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US (INCLUDING WITHOUT LIMITATION DIGITAL GIFT CARDS AND DIGITAL ASSETS AND SOFTWARE) ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, THIRD-PARTY SOFTWARE, THE WEBSITE AND/OR DIGITAL GIFT CARDS OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEM. We are not responsible or liable for any damage, loss, or injury resulting from, relating to or arising out of (1) use, access, or attempted use or access of Services, Digital Gift Cards, Digital Assets, the Software or the Website; (2) downloading any information from the Software, Services or Website; and/or (3) violations of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user. Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.
13. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES; AS SUCH, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY.
14. DISPUTE RESOLUTION AND ARBITRATION
14.1. General. This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term “Dispute” means any dispute, action, or other controversy between you and us concerning these Terms, the Services or any product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to PlaySpree Customer Support, 50 E. Ridgewood Avenue, #214, Ridgewood, NJ 07450. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence arbitration. You may also litigate any Dispute in small claims court in your county of residence or New York, New York, if the Dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
14.2. Binding arbitration. If you and we do not resolve any Dispute by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
14.3. Class action waiver. To the maximum extent permitted under applicable law, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
14.4. Arbitration Procedure. If you are located within the United States, Canada, the United Kingdom or the European Union, or any of their territories, then any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You and we each agree to commence arbitration only in San Francisco, California, USA. You may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. If you are located in a country other than listed above, then arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) pursuant to UNCITRAL rules, and the arbitration shall be conducted in English and the English version of these Terms (and not any translation) shall control, and both parties hereby agree to accord this arbitration agreement the broadest scope admissible under applicable Laws, and that it shall be interpreted in a non-restrictive manner. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the arbitrators’ commercial rules. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal, (ii) obliging the other party to participate in the arbitration proceedings, (iii) requesting any type of conservative or interim measure in connection with the dispute prior to the constitution of the arbitral tribunal, (iv) requesting the appearance of witnesses and/or experts, and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
14.5. Claims or Disputes must be filed within one year. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or dispute isn’t filed within one year, it’s permanently barred.
14.6. Equitable Relief. You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.
15. LANGUAGE OF THE TERMS
These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you, and may only be modified by us as provided above. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services or Software. You consent to our providing you notifications about the Services or information the law requires us to provide via email to the address that you specified when you created your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please send any questions or comments (including all inquiries unrelated to copyright infringement) to: PlaySpree Customer Support, 50 E. Ridgewood Avenue, #214, Ridgewood, NJ 07450. Please print these Terms for your records.
Updated January 2021
For purposes of EU data protection laws (“Data Protection Law”), PlaySpree is a data controller (i.e., the company that is responsible for, and controls the processing of your personal data).
1. Special Notice Regarding Minors Under 18 Years of Age. PlaySpree respects the privacy of children of all ages. The Services are not directed towards young children or minors under the age of 18. PlaySpree is intent on complying with applicable laws and regulations regarding minors, including the United States’ Children’s Online Privacy Protection Act. Specifically, PlaySpree will not knowingly collect and maintain any personally identifiable information from children under 18. If you are a parent or guardian who has discovered that your child has submitted his or her personal information, PlaySpree will make reasonable efforts to delete the information from its database, at your request. To request the deletion of your child’s information, please send an email email@example.com.
2. Categories of Information We Collect. We may collect two types of information from users of the Services:
2.1 “Personal Information”, which is information is about, or relates to, an identified or identifiable individual, or that can be linked to that individual (such as name, email address, etc.), and “Aggregate Information”, which is information that cannot be used to identify you (such as frequency of visits to our Sites and usage of our Services).
2.2 We collect a few categories of Personal Information:
2.2.1 In the course you acting as a job applicant to, an employee of, director of, officer of, or contractor of PlaySpree, you may provide certain Personal Information to PlaySpree in your applicable role. Said Personal Information could include email address, phone number, name, SSN, bank information and government identification numbers. For the purposes of the California Consumer Privacy Act (“CCPA”) this section provides the disclosure of categories of Personal Information we collect regarding the same.
2.2.2 Your email address and password to allow you to create a PlaySpree account and use the Services. Your email address may also be used for marketing and promotional emails as allowed by applicable law.
2.2.3 Username, if provided by you, to allow you to use the Services. Your username, name, password and email address are collectively referred to as your “Account Information”.
2.2.4 Birth date to verify that you are over the age of 18.
2.2.5 Mailing address to allow physical prize fulfillment.
2.2.6 Phone number to allow us to contact you, allow for the use of the Services, and to prevent fraud.
2.2.7 Your mobile device’s unique device ID to prevent fraud.
2.2.8 Any Personal Information you choose to add to your profile, such as an image. This Personal Information is used to enhance your use of the Services.
2.2.9 You may provide credit card information or your Paypal username to use certain features of the Services. PlaySpree will use third-party credit card processing companies to process your transactions. PlaySpree will not have access to your credit card data.
2.2.10 Certain Personal Information, such as first name, last name, shipping address, phone number, and Social Security number, to verify your identity when you withdraw cash from your account and by us and certain third-party service providers to monitor for fraudulent activity and verify that you can legally participate in cash tournaments and withdraw funds.
2.2.11 Personal Information you may choose to submit to us through surveys, sending questions or comments, providing a resume, or other similar activities. This information may be used to enhance the Services, to market to you or others, and to allow us to make appropriate hiring decisions if submitted for that purpose.
2.3 Personal Information that is passively collected when you use the Services:
2.3.1 Our system logs may record certain information about visitors to our Sites, including the web request, internet protocol (“IP”) address, device and mobile ad identifiers, browser information, interaction with the Sites, pages viewed, app usage, and other such information; we may collect similar information from emails you receive from us that can help us track which emails are opened and which links are clicked by recipients. Where these elements meet the definition of Personal Information, we will treat them as such.
2.3.3 With your consent and in connection with your use of our Software, if any, we may use GPS technology (or other similar technology) to determine your current location in order to determine the state you are located within to establish which aspects of the Services you are permitted to use. You may withdraw your consent to our collection of your location information at any time, provided that you are not participating in cash competitions. If you choose to participate in a cash competition, you may not opt out of the collection of this type of geolocation data.
2.3.4 A cache is a component of your mobile device that transparently stores data for recordkeeping purposes. Cache data identifies your mobile device. Most browsers and applications are initially set up to accept such data. If you prefer, you can program your mobile device so that it does not store this information while utilizing our Software. Certain features may only be available through the collection of such data. We may use such data to assist in data collection and to track usage and trends to help us better serve you. We also permit third parties who have entered into confidentiality agreements to access such data to help us monitor use of our Software for fraud or for any other activity that does not comply with applicable laws.
2.4 We collect a few categories of Aggregate Information:
2.4.1 Aggregate Information is information that does not identify you. Aggregate Information may be collected when you visit our Site or interact with our Services independent of any information you voluntarily enter. We may collect, use, store, and transfer Aggregate Information without restriction.
2.4.2 When you visit our Site, some information is automatically collected. Such information could include your operating system, the site from which you linked to us (“referring page”), the name of the website you chose to visit immediately after ours (called the “exit page”), information about other websites you have recently visited, browser (software used to browse the internet) type and language, your site activity, and the time and date of your visit. Further, we automatically collect certain aggregate information from your use of our Services. This information could include the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, and the features of our Services which you accessed. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time.
3. Sharing of Personal Information Collected from You.
3.1 PlaySpree may transfer Personal Information to third parties for the purpose of providing the Services. We may disclose Personal Information to our appropriate affiliates, including third-party service providers, to provide you with the Services. These third-party service providers are not authorized to retain, share, store or use the Personal Information for any purposes other than to provide the services they have been hired to provide.
3.3 PlaySpree may also elect to transfer your Personal Information to third parties under special circumstances to: (i) to comply with a legal requirement, judicial proceeding, court order, or legal process served on PlaySpree; (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of PlaySpree; (iv) when we believe it is necessary to protect the rights, property, or safety of PlaySpree or other persons; or (v) as otherwise required or permitted by law, including any contractual obligations of PlaySpree.
3.4 In the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, PlaySpree’s customer information may be transferred to PlaySpree’s successor or assign, if permitted by and done in accordance with applicable law.
4. Account Security. The security of your account relies on your protection of your password and mobile device. You are responsible for maintaining the security of your password and mobile device. You are solely responsible for any and all activities that occur under your account. You may not share your password or the Service with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the interface of the Service (including, without limitation, our website). Any email or other communication requesting your password or asking you to provide sensitive account information via email should be treated as unauthorized and suspicious and should be reported to us immediately at firstname.lastname@example.org. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately at email@example.com.
5. Postings to Public Forums. All postings in PlaySpree public forums, if any, will generally be available to, and freely accessible by, other users of the PlaySpree public forums as well as the Internet general public. Therefore, users should not expect that any information they post will be kept private or confidential and are encouraged to exercise discretion when using the public forums. Additionally, your username, which you can change, will always be included in conjunction with your postings in the public forums. PlaySpree is not responsible for events arising from the distribution of any information you choose to publicly post or share through the forums. All information or materials uploaded by you while utilizing the Services is subject to our Terms of Service (https://playspree.ai/privacy/).
7. Gameplay Dialogue. We may use third party websites and technologies to record or stream gameplay or chat dialogue occurring through the Services, including your own dialogue (“Recordings”). We use Recordings to verify compliance with these Terms and as part of marketing and promotion of the Services. PLEASE DO NOT SUBMIT PERSONALLY IDENTIFIABLE INFORMATION IN GAMEPLAY DIALOGUE—THIS INFORMATION IS AVAILABLE FOR ANYONE TO SEE AND USE.
8. Maintaining and Updating Your Account Information. As part of your use of the Services, you are responsible for maintaining and updating, as applicable, your Account Information with current and complete information. You may edit and delete portions of your Account Information. To do this send us an email at firstname.lastname@example.org. You can also delete your PlaySpree Account entirely. To do this send us an email at email@example.com. After receiving any requested changes to your Account Information or Personally Identifiable Information, we will make reasonable efforts to ensure that all of your personal information stored in databases we actively use to operate the Services will be updated, corrected, changed, or deleted as appropriate, as soon as reasonably practicable. However, we reserve the right to retain in our archival files any information we remove from or change in our active databases. We may retain such information to resolve disputes, troubleshoot problems, and enforce our Terms of Service. In addition, it may not be technologically possible to remove every record of the information you have previously provided us, as a copy may exist in a non-erasable form that will be difficult or impossible for us to locate. If you are the parent or guardian of a child under the age of 13, and you have discovered that your child created an account and would like to have it deleted, please e-mail us firstname.lastname@example.org with your child’s username, email address and password.
9. Matters Involving California Law
9.1 Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such a third-party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. If you are a California resident and want a copy of this notice, please submit an email request to support@PlaySpree.ai. In your request, please specify that you want a “Your PlaySpree Section 1798.83 California Privacy Rights Notice.” Please allow 30 days for a response.
9.2 California Consumer Privacy Act Rights. Under the California Consumer Privacy Act (“CCPA”), California residents have certain rights regarding their Personal Information. If you would like to exercise these rights on or after January 1, 2020, please contact us using the email address, toll-free phone number, or physical mailing address listed within the “Contact Information” section below. For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information, as provided for by the CCPA. It may take us some time to respond to your request, but we will do so within the requirements of the CCPA.
9.3 This Policy provides you disclosure regarding the Personal Information we collect from you and the purposes for doing so. Please see “Categories of Information We Collect” above. The CCPA grants you specific rights, including the following:
9.3.1 Right to request disclosure as to Personal Information we have collected about you. Upon a verifiable request, made through one of the methods provided within the “Contact Information” section below, we will disclose to you the items listed below, one or more of which may be provided by reference to this Policy: (i) The categories of Personal Information PlaySpree has collected about you; (ii) The categories of sources from which the Personal Information was collected; (iii) The business purpose behind collecting the Personal Information; (iv) The categories of third parties with whom PlaySpree has shared the information; (v) The specific pieces of Personal Information PlaySpree has collected about you.
9.3.2 Right to opt out of the sale of your information. To exercise this right, please email email@example.com
9.3.3 Right to request deletion: upon a verifiable request, made through one of the methods provided within the “CCPA Contact Information” section below, we will delete personal information we have regarding you and direct our service providers to delete your personal information from their records, to the extent provided by the CCPA.
9.3.4 Right to be free from discrimination: PlaySpree will not discriminate against you for exercising any of your rights under the CCPA.
CCPA Contact Information:
PlaySpree can be reached by email at support@Playspree.ai; or by mail at PlaySpree, Inc. 50 E. Ridgewood Avenue. #214, Ridgewood NJ 07450, Attention: Privacy Compliance.
What We May Need From You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit to Respond
We will respond to all legitimate requests within forty-five days, or as permitted by the CCPA.
10. Matters Involving European Union
10.2 If we provide the Services in the EU, the purposes for which we may process your personal data include: (i) Where we need to perform the contract we are about to enter into or have entered into with you for the Service; (ii) Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests; and (iii) Where we need to comply with a legal or regulatory obligation in the EU. Please contact firstname.lastname@example.org if you need details about the specific legal basis on which we are relying to process your personal data where more than one legal basis has been set out.
10.3 If we provide the Services in the EU, your rights in respect of your personal information if you are a resident in the EU and Switzerland include: (i) right of access: the right to obtain access to your personal data; (ii) right to rectification: the right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete; (iii) right to erasure: the right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed; (iv) right to restriction: the right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data; (v) right to portability: the right to portability allows you to move, copy or transfer personal data easily from one organization to another; (vi) right to object: you have a right to object to processing based on legitimate interests and direct marketing.
PLAYER ACCEPTABLE USE POLICY
1. Acceptable Use Policy
1.1. Rules of Conduct. You are personally responsible for your use of Services and Software, and while using Services and Software you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently ban users who violate these rules, or who abuse email communications, support communications, or the community purpose of any message board areas, as determined by us in our sole discretion. We reserve the right to disable a player’s ability to upload profile photos or edit their username at any time.
- Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted.
- You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by us in our sole discretion.
- Service usernames will be displayed as ‘Your Name’; impersonating other players is not allowed.
- Do not share personal information (your username, your name, phone number, home address, and password) with other users.
- Do not transmit or upload any copyrighted, or trademarked materials in messages or postings.
- Information disclosed in chat rooms, message boards, gameplay dialogue or via eMessages is revealed to the public, and we are not responsible for information you choose to disclose to others.
- Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.
- You may not attempt to participate in any Service by means of automatic, macro, programmed, or similar methods.
- You may not commit fraud with regard to any Service.
- You may not attempt to impersonate or deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka “scamming”).
You may not make any commercial use of any of the information provided on the Website or through the Services nor make any use of the Website or Services for the benefit of a business.
1.2. Your Content. You acknowledge that the Service is a passive conduit for user content and that we do not pre-screen user content or communications. We do not control, verify or pay for any user content or communications. We do not endorse, and specifically disclaim any responsibility or liability for, any publicly posted content. In addition, we may terminate your access to any public forums at any time, without notice, for any reason whatsoever, and/or delete, move or edit content submitted publicly, in whole or in part. You may only upload, send, and receive messages and material that is related to the subject matter of the public forums, complies with Applicable Laws, and conforms to any additional terms of service we post in the public forums. You may not upload to, distribute, or otherwise publish any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Submissions or opinions expressed by users are that of the individual expressing such submission or opinion and may not reflect our opinions. Subject to the foregoing, we may edit, refuse to post, or to remove any information or materials that you submit to us, in our sole discretion. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content. We may, but shall not be obligated to, remove or edit any of your submissions or content for any reason.
1.3. Cheating, Fraud, and Abuse. In accessing or participating in Services or using the Software, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services or Software. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in Services or using the Software, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally losing rematches in Cash Competitions), deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other participants, posting objectionable material, breach of these Terms, breach of security of your Account or, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), you will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation: (1) immediate termination of your Account and blocking of your access to the Website and Services; (2) any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; and (3) any Winnings received by you shall be subject to disgorgement and/or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
1.4. Hacking, Tampering, or Unauthorized Access. Any attempt to gain unauthorized access to our systems or any other user’s account, interfere with procedures or performance of Services or the Website, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of Services or your Account.
1.5. Restrictions. Any use, reproduction or redistribution of the Service or related products or services (including without limitation, Digital Assets, as defined in our Terms of Service) not expressly authorized by this Acceptable Use Policy is expressly prohibited. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (b) providing unauthorized means through which others may use Services such as through server emulators; (c) taking actions that impose an unreasonable or disproportionately large load on our or our suppliers’ network infrastructure, or that could damage, disable, overburden, or impair our Websites or Services; (d) interfering with any other party’s use and enjoyment of Services (including cheating) or the Website; and/or (e) attempting to gain unauthorized access to third party accounts or the Service.
PLAYSPREE OPERATES SKILL-BASED TOURNAMENTS. NO PLAYSPREE TOURNAMENT IS A GAME OF CHANCE. WINNERS WILL BE CHOSEN BASED ON STATED CRITERIA.
TOURNAMENT ENTRANTS SUBJECT TO THESE OFFICIAL RULES AND TO PLAYSPREE’S TERMS & CONDITIONS (https://playspree.ai/privacy/).
TOURNAMENT OPEN ONLY TO LEGAL U.S. RESIDENTS, 18 YEARS OF AGE OR OLDER, PHYSICALLY RESIDING IN THE UNITED STATES. RESIDENTS OF THE FOLLOWING STATES ARE NOT ELIGIBLE TO ENTER OR TO PARTICIPATE IN THE TOURNAMENT:
for Free Tournaments;
for Paid Tournaments;
ARIZONA, ARKANSAS, CONNECTICUT, DELAWARE, FLORIDA, ILLINOIS, LOUISIANA, MARYLAND, MISSOURI, MONTANA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE AND VERMONT.
TOURNAMENT IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
Overview: Entrant who scores the most points in a single game played during the Tournament Play Period will be deemed the Tournament winner. Players may enter more than one (1) game per registered entrant during Tournament Play Period unless otherwise stated in the Game Rules.
Tournament Type: We offer free and paid tournaments as described on each tournament page.
Number of Entrants: Unlimited.
Number of Winners: One (1) winner unless otherwise stated on the Tournament Website
Tournament Registration Period: Entrants must register prior to or during the Tournament Play Period designated for each Tournament upon entry, which can be verified by inquiry to our tournament website, leaderboard and chatbot if supported for the respective Tournament.
Tournament Play Period: Entrants must begin game after 12:00.01 A.M. (ET) and must end game by 11:59.59 P.M. (ET) on the day and date designated for each Tournament upon entry, which can be verified by inquiry to our website, leaderboard and chatbot if supported for the respective Tournament.
Eligibility: Tournaments are open to legal U.S. residents, eighteen (18) years of age or older, who are physically residing in the United States. Residents of the following states are not eligible to enter or to participate in the tournament: LIST. In addition, employees of PlaySpree and its respective affiliates, subsidiaries, parent companies, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and vendor agencies involved in the Tournament, and the immediate families (spouse, parents, siblings and children) or household members of all such employees, are NOT eligible.
Tie Breaker: PlaySpree will maintain a running time clock for each game. In the event of a tie, the tied Player who scored the most points in the least amount of time will be deemed the winner. If a tie still exists, the tied Player who scored the first ten (10) points in the least amount of time will be deemed the winner.
Winner Announcement: The winner of each Tournament will be announced at the conclusion of the respective Tournament Play Period and may be displayed on the leaderboard.
Prize(s) and Approximate Retail Value (ARV): Unless otherwise specified for a particular Tournament, there will be one (1) winner of each Tournament unless otherwise stated in the Game Rules. Subject to PlaySpree’s Terms & Conditions, the winner will receive a prize issued as a digital gift card or in another format of equivalent value as determined by PlaySpree in its sole discretion. All taxes, fees, and surcharges on prize are the sole responsibility of the winner. If the winner’s prize winnings exceed $600 in a calendar year, the winner will be issued an IRS Form 1099 for the fair market value of the prize inclusive of sales or other transaction taxes. Gift card subject to terms and conditions of the awarded gift card and stated on either or both the card or website. . Affidavit of eligibility (including SSN), prize acceptance form, tax information, and/or mutually acceptable liability releases may be required where not prohibited. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s and/or service providers terms and conditions, and winner agrees to look solely to such manufacturers and/or service providers for any warranty or guarantee claim. Prizes are non-transferable except in the sole discretion of PlaySpree. No substitution or cash equivalent is allowed. PlaySpree reserves the right to substitute prizes of the same approximate retail value. Prize consists only of items specifically listed as part of the prize. All costs and expenses not specified herein, related to any prize, including but not limited to delivery, installation, service activation fees, and other expenses incurred by accepting the prize, are the sole responsibility of the winner.
Publicity Release: By entering any Tournament, entrants authorize PlaySpree to post/live-stream their game play on PlaySpree’s webpage or other social media sites for viewing by a world-wide audience. Except where prohibited, acceptance of a prize constitutes winners’ consent that his or her name, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent.
Release / Limitations of Liability / Technical Issues: By entering, entrant agrees to accept and abide by the Official Rules of this Tournament and PlaySpree’s Terms & Conditions (https://playspree.ai/privacy/) and agrees that any dispute with regard to the conduct of this Tournament, rule interpretation, or award of prize shall be submitted to PlaySpree, whose decision shall be binding and final. To the extent that a provision of these Official Rules may be in conflict with the User Terms & Conditions, the User Terms & Conditions shall prevail. By participating, you release PlaySpree and its respective subsidiaries, affiliates, partners, employees, directors, and agents from any and against any and all injury, loss, or damage including but not limited to, personal injury, death or damage to or loss of property, caused or claimed to be caused by your participation in the Tournament. Entrant hereby agrees to defend, indemnify and hold harmless PlaySpree and its respective officers, directors, employees, agents, parent companies, affiliates, subsidiaries, licensees, successors, assignees, against any and all third-party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by the entrant of any provision of this document, including, without limitation, entrant’s representations and warranties.
Play at your Own Risk. PlaySpree Tournaments involve games of skill. Participation in each Tournament is at entrant’s own risk. PlaySpree shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in each Tournament; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading any app or otherwise in connection with a Tournament; or (5) any warranty with respect to any winnings or any component thereof.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER, OR VANDALIZE THIS WEB SITE OR APPLICATION, OR TO INTERFERE WITH THE OPERATION OF THE TOURNAMENT, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND PLAYSPREE RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. AS A CONDITION OF ENTRY, ALL ENTRANTS AGREE THAT DISPUTES WILL BE RESOLVED PURSUANT TO PLAYSPREE’S USER TERMS & CONDITIONS (https://playspree.ai/privacy/).
PlaySpree is not responsible for any typographical or other error in the printing of these Tournament rules, administration of the Tournament, or in the announcement of prizes, including erroneous appearance of qualification for a prize, and under no circumstances will more than the stated number of prizes be awarded. PlaySpree reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend this Tournament, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Tournament as contemplated by these Official Rules. If for any reason PlaySpree is prevented from continuing with this Tournament, or the integrity and/or feasibility of the Tournament is severely undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, PlaySpree shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Tournament without further obligation. If PlaySpree in its discretion elects to so abbreviate the Tournament, PlaySpree reserves the right, but not the obligation, to award the prize from among all eligible participants who have played to date.
PLAYSPREE SPONSOR VIDEOS
1. PlaySpree Talent Videos
1.1 Through our Site or Service, you may obtain personalized videos (“PlaySpree Videos”) from influencers and creators, including athletes, actors, performers, artists, and other celebrities (each, a “Talent User”). If you win a PlaySpree Paid Tournament, you may submit a request to the Talent User of that PlaySpree Paid Tournament for a PlaySpree Video that is personalized for you or a third party that you identify as a recipient (“Recipient”)
1.2 You acknowledge and agree that the Talent User has sole discretion to determine how to fulfill your request and the content of the PlaySpree Video created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The Talent User has up to seven (7) days (at our sole discretion) to fulfill or decline your request following the conclusion of the Tournament.
1.3 PlaySpree Videos are licensed, not sold. You are buying the right (or license) to use it, not the actual PlaySpree Video itself.
1.4 If you win a PlaySpree Paid Tournament, subject to completion of a proper request for a PlaySpree Talent Video, the Talent User hereby grants to you the following limited rights to use the PlaySpree Video (other than a Promo PlaySpree Video) solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that PlaySpree Video, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
1.5 You may not sell, re-sell, or encumber your rights in any PlaySpree Video. You may sublicense your rights in a PlaySpree Video only to the extent necessary for you to use the PlaySpree Video as permitted under these Terms (for example, sharing it (if it is not a Promo PlaySpree Video) with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).
1.6 You may use a PlaySpree Video only in accordance with these Terms, which includes our Acceptable Use Policy (https://playspree.ai/privacy/). We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a PlaySpree Video from our Site at any time for any reason without any notice to you.
You acknowledge and agree that:
2.1 PlaySpree will not be liable or responsible for any PlaySpree Video or other offering requested by you or any Submission (defined below) you make;
2.2 you have no expectation of privacy with respect to any PlaySpree Video requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;
2.3 the PlaySpree watermark, if any, displayed on each PlaySpree Video must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any PlaySpree Video or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of a PlaySpree Video or assist or encourage any third party to do so;
2.4 if you breach any provisions of these Terms, we may terminate your access to our Site and Service, or we remove or ban you (or any Site or Service account you created or control), your license to use any PlaySpree Video, or other offering under this policy terminates and you must: promptly remove all copies of any PlaySpree Video, or other offering in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and
2.5 without limiting any of our rights, any request you submit through our Site or Service may be rejected by us or by a Talent User; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in PlaySpree’s sole discretion, including terminating your license to use any PlaySpree Video or other offering under these Terms and requiring you to take the actions outlined in Section 2.4.
3.1 You acknowledge and agree that each PlaySpree Video or other offering from a Talent User is owned by the Talent User who created it.
3.3 You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Site or Service, developing and improving our products and services, and advertising, marketing, and promoting our Site and/or Service and our products and services: (i) any request (video, text, or otherwise) that you make or send to any Talent User, including information concerning any Recipient; and (ii) any submission that you make to PlaySpree, whether through our Site and/or Service, a social media platform, third-party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. PlaySpree will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.
3.4 We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site and/or Service. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site and/or Service, remove or ban you (and any Site and/or Service account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
3.5 PlaySpree desires to avoid the possibility of future misunderstandings if a project developed by any PlaySpree Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that PlaySpree has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to PlaySpree a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
3.6 You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback