TERMS OF USE

Effective Date: NOV 7, 2023

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE ANY WEBSITE OR APPLICATION PROVIDED BY PLAYGE THAT POSTS A LINK TO THESE TERMS OF USE.

Welcome to the PLAYGE (plāg) (“Playge,” “us,” “we,” or “our”) websites, which are owned, operated, and controlled by Playge. These Terms of Use (“Terms”) apply to your use of our websites (including playge.net, playge.squarespace.com, and jamungo.com). Please read these Terms carefully before using any online services provided by Playge (the “Services”) or purchasing any goods (“Goods”) offered on the websites. These Terms constitute an agreement between us and you or the entity you represent (“you”) and affect your legal rights, responsibilities and obligations, govern your use of the Services and purchases of Goods (including the purchases of Goods through third-party platforms, e.g., Facebook, Instagram, or other social media pages), are legally binding, limit Playge’s liability to you, and require you to indemnify us and settle certain disputes through individual arbitration.

By visiting or otherwise using the Services in any manner or purchasing Goods, you accept and agree to the then-posted Terms (as well as any applicable additional or different terms that may apply to your use of certain parts of the Services or purchases of Goods (“Additional Terms”)) and that you have read and understood them.

We reserve the right, at our sole discretion, to change portions of these Terms or Additional Terms at any time by posting new or changed terms regarding the Services and Goods, and your continued use of the Services or purchases of Goods constitute your acceptance of the new Terms, as more fully explained below.

I. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.

Ownership. The Services and their content (“Content”), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Playge and our licensors and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Services is the property of Playge, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Playge owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services. Please see Section XI. CONTENT YOU SUBMIT AND USAGE RULES below for information regarding user-generated content.

Reservation of all Rights Not Granted as to Content and Services. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Services and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY PLAYGE AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Services for any purpose is prohibited.

Third-Party Services. We are not responsible for third parties or their content, advertisement(s), apps, or sites (“Third-Party Services”). For instance, portions of the Services may be integrated with, or linked to, third-party sites, platforms, applications, or other services or materials that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Services. This may include the ability to share our Content on third-party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-Party Services.

II. SERVICES AND CONTENT USE RESTRICTIONS.

Services Use Restrictions. You agree that you will not: (i) use the Services for any political or commercial purpose in competition with us (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Playge; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Services by any means whatsoever or modify any Services source or object code or any Software or other products, services, or processes accessible through any portion of the Services; (v) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Playge, or other users of the Services; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

Content Use Restrictions. You also agree that, in using the Services, you: (i) will keep intact all trademark, copyright, and other Intellectual Property and other notices contained in such content; (ii) will not use such content in a manner that suggests an unauthorized association with any products, services, or brands; (iii) will not make any modifications to such content (other than to the extent of your specifically permitted use of Playge Licensed Elements, if applicable); (iv) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Playge or, in the case of content from a licensor, the owner of the content; and (v) will not insert any code or product to manipulate such content in any way that adversely affects the Services.

Availability of Services and Content. Playge, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason.

III. NOTICES, QUESTIONS, AND CUSTOMER SERVICE.

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: Playge, PO Box 300403, Austin, TX 78703. If you have a question regarding the Services, you may contact Playge here. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.

IV. PRODUCT SPECIFICATIONS; TYPOGRAPHICAL ERRORS.

We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications or other content on the Services are complete, accurate, reliable, current, or error-free.

V. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION; CLASS ARBITRATION AND COLLECTIVE ARBITRATION WAIVERS.

YOU AND PLAYGE AGREE TO ARBITRATE — RATHER THAN LITIGATE IN COURT — any and all claims, disputes, or controversies between you and Playge, including any parents, subsidiaries, officers, directors, employees, or agents of Playge, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory (“Dispute”) that arise out of or in any way relate to these Terms, any of the Services provided under these Terms or any other services or products that Playge provides to you in connection with these Terms (including without limitation amounts that Playge charges you for services or products provided, and any alleged breach related to the collection, retention, or disclosure of your personal information). The term “Dispute” means any and all past, present or future disputes, claims or controversies between you and Playge, whether based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or any other legal or equitable theory, and includes, without limitation, any such disputes, claims, or controversies arising out of or relating to the validity, enforceability, interpretation, and/or scope of this dispute resolution agreement, provided, however, that the term “Dispute” does not include any such disputes, claims, or controversies arising out of or relating to the validity, enforceability, interpretation and/or scope of the Class Action, Class Action Arbitration, and Collective Arbitration Waivers set forth below, or whether claims to resolve any Disputes must proceed solely on an individual basis, all of which shall be decided by a court of competent jurisdiction, and not by an arbitrator. With that sole exception which shall be broadly construed, the term “Dispute” shall be given the broadest possible meaning. You and Playge also agree to arbitrate any and all Disputes that arise out of or relate in any way to any services or products provided to you by Playge under any other agreement. Notwithstanding this agreement to arbitrate, you and Playge may bring appropriate Disputes against each other in small claims court, if the Dispute falls within the small claims court’s jurisdiction.

“Class Action Waiver”; “Class Action Arbitration”; and “Collective Arbitration Waiver”. You and Playge agree that all Disputes between you and Playge will be arbitrated individually, and that there will be no class, collective, coordinated representative, or consolidated actions in arbitration (a “Class or Collective Arbitration”). You and Playge agree that any action or agreement by you to bring claims or to participate in any claims related to a Dispute in a Class or Collective Arbitration is contrary to these Terms. A Collective Arbitration shall include, but is not limited to, any claim (i) to resolve a Dispute involving two (2) or more similar claims for arbitration filed by or on behalf of one or more claimants; (ii) which involves common questions of law or fact; (iii) which involves an agreement to cooperate or coordinate the arbitration demands being asserted against the same defendant(s); and (iv) is initiated at or near the same time. You and Playge agree that this Class Action Waiver and Collective Arbitration Waiver shall be binding in any arbitral proceeding. No arbitrator shall have the authority to consolidate, join, or allow the coordination of more than one (1) person’s claims or to preside over a class, collective, mass, or representative proceeding in any form. No arbitrator shall have the authority to determine the enforceability of this Section. If you or Playge brings a claim in small claims court, the Class Action Waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Playge may participate in a class or representative action as a class member if the class action asserts Disputes that would fall within the scope of this arbitration agreement if they were directly asserted by you or Playge. We both agree that this Class Action Waiver is an essential part of our arbitration agreement and that if this Class Action Waiver is found to be unenforceable by any court then the entire arbitration agreement set forth in this Section will not apply to any Dispute between you and Playge, except for the provisions waiving the right to jury trial. This class action and collective arbitration waiver may not be severed from our arbitration agreement.

Arbitrator Authority. The arbitration between you and Playge will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by these Terms. You and Playge agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with Playge. Review of arbitration decisions in the courts is very limited.

Informal Dispute Resolution. You and Playge agree that you will try to resolve disputes informally before resorting to arbitration. If you have a dispute, first contact Playge here. If a Playge representative is unable to resolve your dispute in a timely manner, you agree to then notify Playge of the dispute by sending a written description of your claim to Playge here so that Playge can attempt to resolve it with you. If Playge does not satisfactorily resolve your claim within thirty (30) calendar days of receiving written notice to Playge of your claim, then you may pursue the claim in arbitration. Neither you nor Playge may initiate arbitration without first following the informal dispute resolution procedure provided in this paragraph and thereafter, if the dispute is still not resolved, the party who desires to initiate arbitration must provide the other written notice of the intent to file for arbitration. If you are sending a written notice of your intent to file for arbitration to Playge, please send such notice via U.S. mail to the Playge, Attn: Dispute Resolution, PO Box 300403, Austin, TX 78703. If Playge is sending you a written notice of our intent to file for arbitration, we will send it to the last known address of record we have on file for you.

Arbitration Procedures. You and Playge agree that these Terms and the services Playge provides to you affect interstate commerce and that the Federal Arbitration Act, and not state arbitration laws, applies for all Disputes. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to Playge at here or via U.S. mail to Playge, Attn: Arbitration Inquiry, PO Box 300403, Austin, TX 78703. You must also comply with the AAA’s rules regarding initiation of arbitration.

Jury Trial Waiver. If for any reason this arbitration agreement is found to be unenforceable, you and Playge expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between you and Playge if, for any reason, the arbitration agreement is not enforced.

Survival. This dispute resolution agreement survives the termination of your use of the Services. If you bring a claim against Playge after termination of your use of the Services that is based in whole or in part on events or omissions that occurred while you were using the Services, this dispute resolution agreement shall apply.

VI. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by Applicable Law, Playge and their direct and indirect parents, subsidiaries, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “the Playge Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Services, Content, the Playge Licensed Elements, UGC, or other Playge products or services, except as set forth in subsection C, below.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE PLAYGE PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY THE PLAYGE PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY THE PLAYGE PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) THE PLAYGE PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY THE PLAYGE PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST THE PLAYGE PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

VII. LIMITATIONS OF OUR LIABILITY.

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY PLAYGE PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Services, Content, the Playge Licensed Elements, UGC, or other Playge products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Playge. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the Playge Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PLAYGE PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID PLAYGE IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

VIII. UPDATES TO TERMS.

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Services (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF USE AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised, or Additional Terms by discontinuing use of the Services.

IX. GENERAL PROVISIONS.

Playge’s Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants Playge a right of consent or approval or permits Playge to exercise a right in its “sole discretion,” Playge may exercise that right in its sole and absolute discretion. Note Playge’s consent or approval may be deemed to have been granted by Playge without being in writing and signed by an officer of Playge.

Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by Playge), indemnify, and hold the Playge Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Playge Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Services and your activities in connection with the Services; (ii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) the Playge Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Playge, in the defense of any Claim and Losses. Notwithstanding the foregoing, Playge retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Playge reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Playge. This Section is not intended to limit any causes of action against us that you may have but are not waivable under Applicable Law.

Operation of the Services; Availability of Products and Services; International Issues. Playge controls and operates the Services from the U.S.A., and makes no representation that the Services are appropriate or available for use beyond the U.S.A. If you use the Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

Export Controls. You are responsible for complying with all applicable export, sanctions and trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, Playge reserves the right, without limitation, to: (i) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by Playge in connection with reviewing law enforcement databases or complying with Applicable Laws and use and/or disclose any information obtained by Playge to comply with law enforcement requests or legal requirements, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Services, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to Playge under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Services, or upon notice from Playge, all rights granted to you under these Terms, or any applicable Additional Terms, will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Playge in these Terms, as well as the indemnities, releases, disclaimers, limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury trial waiver and mandatory arbitration.

Assignment. Playge may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Playge.

Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Services and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Services. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Playge in exercising any of the rights, powers, or remedies under these Terms will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver of any provision of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

Applicable Law. These Terms and any applicable Additional Terms will be governed by and construed in accordance with, and any Dispute will be resolved in accordance with, the laws of the State of Texas, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.

X. GOODS

Goods. Goods may be made available on the websites by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Goods are subject to change at any time without notice. We have made efforts to accurately display the attributes of Goods, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only. These Goods are intended for sale to adults. Always read labels, warnings, directions, and other information provided with the Goods before using or wearing the Goods. For additional information about the Goods, please contact the manufacturer. If you find a Good is not as described, your sole remedy is to return it in unused condition (excluding Goods that are not eligible for return). It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Goods.

Order Acceptance and Billing. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through the websites. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Playge may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

Checkout. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Goods, as well as all shipping and handling charges and applicable taxes.

Limited Quantities. Playge reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Playge also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Good(s) from Playge for the purpose of engaging in a commercial sale of the same Goods(s) to a third party.

Account Termination. In addition to any other remedies available to it, Playge may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of any Playge returns practices.

Promotional Codes. Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

Shipping and Delivery. Goods will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the websites or associated with the shipper(s) of the Goods. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Goods pass to you upon delivery of the Goods to the carrier. Delivery of Goods to addresses outside the United States may be limited. Some Goods may also have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Goods are purchased and the destination of the Goods, and may be provided by such shipper.

XI. CONTENT YOU SUBMIT AND USAGE RULES

General. Playge may now, or in the future, offer the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Services, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner (e.g., on our Facebook, Instagram, or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein, (collectively, but excluding Playge Intellectual Property included therein, “User-Generated Content” or “UGC”). You may submit UGC through your use of the Services. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally identifiable right, title, and interest that you have in your UGC.

Non-Confidentiality of Your UGC. Except as otherwise described, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Playge does not assume any obligation of any kind to you or any third-party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may not be secure and may be subject to breaches of security; accordingly, you acknowledge and agree that your UGC is submitted at your own risk.

License to Playge of Your UGC. Except as otherwise described in any privacy policy, notice, or applicable Additional Terms (such as a promotion’s official rules) that specifically govern the submission of your UGC, or in an applicable privacy policy or notice, you hereby grant Playge the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine the same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights, metadata, notices, and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Playge to your UGC, you also, as permitted by applicable law, hereby grant to Playge, and agree to grant to Playge, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise by Playge of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

Representations and Warranties Related to Your UGC. Each time you submit any UGC for use in the Services, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Playge the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Playge obligation to obtain consent of any third-party and without creating any other obligation or liability of Playge; (b) the UGC is accurate; (c) the UGC does not and, as to Playge’s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

Enforcement. Playge has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Playge’s cost and expense, to which you hereby consent and irrevocably appoint Playge as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

Your UGC. All of your UGC either must originate from you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UGC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to Playge. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Playge as your UGC, then you must obtain your friend’s and the photographer’s permission to do so).

Offensive Content. If you think your UGC might offend someone or be embarrassing to someone, then chances are it probably will, and it doesn’t belong on the Services. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your UGC must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or handicap. Your UGC must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UGC must not exploit children under the age of eighteen (18). Without limitation, we may, but do not commit to, address content as outlined in this Section that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.

Do Not Use for Inappropriate Purposes. Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.

Be Honest and Do Not Misrepresent Yourself or Your UGC. Do not impersonate any other person, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from us with respect to your UGC (e.g., coupons, sweepstakes entries, etc.) you represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.

UGC Violations. If you submit UGC that Playge reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, removal from use of the Services.