PLAYERS WAY WEBSITE TERMS OF USE AGREEMENT

 

PLEASE READ THESE TERMS (THE “AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER PLAYERS WAY PRODUCT OR SERVICE

 

  1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS

Players Way, LLC (“Players Way”) owns and operates www.ThePlayersWay.com (the “Website”), to provide online access to Players Way and the products, services, and opportunities Players Way provides. Use of this Website is subject to this Agreement.  This Website and all materials contained herein are collectively referred toas the “PW Properties” and individually as a “PW Property”. By using any of the PW Properties, or by clicking on a box that states that you agree to this Agreement, you agree to be bound by the terms and conditions set forth herein. Players Way reserves the right to modify these terms and conditions from time to time, in its sole discretion, and any such changes are effective immediately upon posting to the Website. Please check this Agreement periodically for changes. Your continued use of the Website following the posting of changes to the terms and conditions means that you accept those changes. Furthermore, your access and use of other Players Way products and services may be governed by separate terms and conditions. If you do not agree to this Agreement, do not use the PW Properties.

The PW Properties are either owned by or licensed to Players Way. Owners and licensors retain all rights to the PW Properties, including, but not limited to, all copyright, trademark, and other proprietary rights, however denominated. Except for downloading one copy of PW Properties for personal, non-commercial use, you may not reproduce, prepare derivative works based upon, distribute, perform or display the PW Properties without the express written consent of Players Way. PW Properties may not be used in any unauthorized manner.

You may not use or access PW Properties to do any of the following: (i) use the Website for any unlawful purposes or for promotion of unlawful activities; (ii) post any content/materials or use the Website in violation of any applicable law (including non-U.S. jurisdiction laws applicable to you), or any contractual or legal obligation; (iii) post content/material that is discriminatory in nature (determined by Players Way in its sole discretion); (iv) post content/material that you know is incorrect, misleading, or deceptive; (v) post private information about another person without their express authorization; (vi) transmit, store or otherwise make available material which disrupts any of the PW Properties, imposes an unreasonable or disproportionately large load on any PW Property infrastructure or otherwise adversely affects, restricts or inhibits any other user from using any of the PW Properties; (vii) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (viii) transmit, store or otherwise make available material which contains any material of a commercial nature, unless approved in writing by Players Way; (ix) use or attempt to use another’s information, account, password, service or system except as expressly permitted; (x) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers or credit or debit card numbers; (xi) use automated scripts to collect information from or otherwise interact with the PW Properties; or (xii) transmit, store, embed or otherwise make available any information or material that infringes any right of Players Way or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right.

Players Way reserves the right to investigate and/or suspend user accounts and/or access to the Website if, in Players Way sole discretion, it is determined that you have breached this Agreement.

 

  1. USER CONTENT

Users retain ownership of all Content they submit, post, display or make available on the Website. “Content” is defined as any text, graphic, information or other material appearing on the Website or otherwise uploaded or downloaded from the Website. Players Way reserves the right at all times to remove any Content from PW Properties.

User Content uploaded to the Website may be viewed by other Website users and third-party services and websites. Only provide Content that you are willing and comfortable to share with others. All User Content must comply with the terms and conditions of this Agreement. All Content, whether publicly or privately transmitted, is the responsibility of the person who created such Content. Players Way shall not be responsible for user Content. Players Way may not monitor or control the Content posted to the Website. Players Way does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any third-party Content, communications, or opinions posted on PW Properties. 

If you do not have authorization to post Content, do not post it. If you post Content without authorization, you may be subject to legal action. Players Way will not be responsible or liable for use of your Content in accordance with this Agreement. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. Further you represent and warrant that Players Way’s usage of your Content in accordance with this Agreement will not violate any law or infringe the rights of any third party.

 

  1. LINKING

PW Properties may contain links to other sites, products and services, including those provided by third parties to whom Players Way has licensed its intellectual property. Links to and from PW Properties and sites, services or products by third parties does not constitute an endorsement by Players Way. Any questions regarding a third-party product, service or site should be directed toward that party and not Players Way.

 

  1. CONTESTS; SWEEPSTAKES; VOTING

The Website may offer you opportunities to enter contests and sweepstakes, as well as the opportunity to vote in certain events. By participating in any such contest, sweepstakes, and/or voting event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.

 

  1. DISCLAIMER OF WARRANTIES

USE OF PW PROPERTIES, PRODUCTS, SERVICES AND PARTICIPATION IN EVENTS INCLUDED THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

 

EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY PLAYERS WAY, PW PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

PLAYERS WAY DOES NOT WARRANT THAT PW PROPERTIES WILL BE FROM INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, PLAYERS WAY DOES NOT WARRANT THAT ERRORS AND DEFECTS WILL BE CORRECTED, OR THAT THE INFORMATION CONTAINED IN PW PROPERTIES WILL BE ACCURATE OR RELIABLE.

 

  1. LIMITATION ON LIABILITY.

YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE YOU TRANSMIT VIA THE WEBSITE AND CONTENT YOU UPLOAD TO THE WEBSITE. IN NO EVENT SHALL PLAYERS WAY BE LIABLE FOR MESSAGES AND CONTENT TRANSMITTED BY YOU ON THE WEBSITE.

 

IN NO EVENT SHALL PLAYERS WAY BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES OR MERCHANDISE.

 

IN NO EVENT SHALL PLAYERS WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PLAYERS WAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE PLAYERS WAY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF PLAYERS WAY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE IS $50.

 

IN NO EVENT SHALL PLAYERS WAY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.

 

  1. INDEMNIFICATION.

You hereby agree to indemnify and hold the Players Way harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (i) your use of the PW Properties; or (ii) any alleged breach of this Agreement by you.

 

  1. TERMINATION

Players Way may change, suspend or discontinue any aspect of the PW Properties at any time, including the availability of any product, feature, database or content. Players Way may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of PW Properties without notice or liability at any time in Players Way exclusive discretion, without prejudice to any legal or equitable remedies available to Players Way, for any reason or purpose, including, but not limited to, conduct that Players Way believe violates this Agreement or other policies or guidelines posted on PW Properties or conduct which Players Way believes is harmful to other customers, to Players Way business or to other information providers. In addition and without prejudice to any other remedy available to Players Way, Players Way may immediately terminate this Agreement if you breach any term of this Agreement or other term set forth by Players Way in PW Properties. This Agreement may also be immediately terminated at any time by Players Way in its sole discretion.

 

  1. CHOICE OF LAW; JURISDICTION; ATTORNEYS’ FEES.

This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Players Way will be entitled to recover their court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.

 

  1. MISCELLANEOUS.

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Players Way in its sole discretion may amend this Agreement, in which case it will post the amended Agreement within PW Properties. Your use of the PW Properties after such amended Agreement is posted will constitute acceptance of it by you. Players Way may be required to notify you of certain events concerning PW Properties and your use thereof, and your use of PW Properties constitutes acceptance that such notices will be effective upon our posting them on the applicable PW Properties or, if we elect in our sole discretion, emailing you at an address you have provided to us.

Sections 5, 6, 7, 9, and 10 of this Agreement will survive any termination or cancellation of this Agreement. Players Way performance under this Agreement is subject to applicable law and nothing contained herein is in derogation of Player Way rights or obligations to comply with governmental, court and law enforcement requests or requirements relating to your use of PW Properties or information provided to or gathered by Players Way with respect to such use. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

 

  1. ACCEPTANCE OF TERMS.

By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. Players Way may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.

 

  1. NOTICE FOR CALIFORNIA CONSUMERS

Under California Civil Code Section 1789.3, California users of the PW Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.