Terms of Use

Please read these terms and conditions carefully. These terms and conditions describe the terms and conditions under which PlayrApp Limited, trading as PlayrApp (“PlayrApp”), offers you (the “user” or “you” or “your”) an account (the “account”) for use of the PlayrApp service (the “PlayrApp service”). By accessing or using the service, you agree to be bound by the terms and conditions set forth below as well as the terms and conditions published on the PlayrApp at www.PlayrApp.co.uk (the “site/application”). If you do not wish to be bound by these terms and conditions, you may not access or use the service. PlayrApp may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement at the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the service shall be deemed your conclusive acceptance of the modified agreement.

1. THE SERVICE 

PlayrApp provides the PlayrApp Service with the capability to create teams, like, comment, post, share, advertise products, manage events, enter tournaments, and communicate via the PlayrApp messenger system. PlayrApp also provides a dedicated online team space from which team members can interact with each other through the utility offered on their team pages. PlayrApp may terminate, change, suspend or discontinue the PlayrApp Service, including the availability of any features of the Site, at any time. 

2. PlayrApp CHARGES

i. There are no fees associated with using the core PlayrApp service. 

ii. PlayrApp reserves the right to introduce charges or fees for the PlayrApp service. Prior to any such introduction PlayrApp will communicate with its members, obtain relevant consents, and establish associated payment processes.

iii. We provide email offers related to the team which a PlayrApp member participates in, these email offers can be unsubscribed from with one click and unsubscribing in no way hinders a PlayrApp member's ability to use the system.

iV. YOUR ACCOUNT DETAILS WILL NEVER BE GIVEN OR SOLD TO A THIRD-PARTY ADVERTISER.

 3. MEMBER ACCOUNT 

i. Accounts are available to anyone over the age of 13. Accounts will not be available to any person who cannot legally agree to the terms of this SMS Agreement under the age of 13. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by PlayrApp. The PlayrApp Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any use of the PlayrApp Services are appropriate for your child.

ii. To open an account for usage of the PlayrApp Service, the User must provide true and accurate information as stated on the registration form and shall regularly update such information to keep it true and accurate. The User shall provide a valid email address and mobile phone number belonging to them, choose a password and keep these details up to date so that both PlayrApp and your team can communicate with you effectively.

iii. We reserve the right to remove or change a member profile at any time if we deem it to be in breach of terms and conditions or of an inappropriate nature.

4. PASSWORD AND SECURITY

i. The User is entirely responsible for the privacy, confidentiality, storage of email addresses and/or mobile phone number and password used to access the system. All website activities that can be traced to the email address and password of the User are deemed as having been performed by User. PlayrApp does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of messages that are sent. You are fully responsible for any charges and liabilities incurred through the use of the PlayrApp service or Your account and for any activities conducted through your account. In addition, PlayrApp may temporarily disable access to Your Account if you report unauthorised use or if usage of the account dramatically exceeds normal usage patterns within a short period. The User agrees to notify PlayrApp immediately of any unauthorised use of the account to support@PlayrApp.co.uk

ii. You must always keep your login and account details confidential. In the event that you suspect that your login details have been compromised, you must inform PlayrApp immediately by contacting the company via email to info@PlayrApp.co.uk.

5. USE OF ACCOUNT

i. You warrant that you will not use the PlayrApp Service for any of the following purposes or in any of the following manners:

·       To impersonate or harass any other person.

·       To send any information that is or the disclosure of that which would be libellous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that you do not have the right to post or disclose).

·       To send messages that violate any person's rights of privacy or publicity.

·       To send messages that contain any sexual, racist, or discriminatory content constituting harassment of any individual or organisation.

·       To violate any law, statute, ordinance, or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination, or false advertising laws and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from the United Kingdom.

·       To intercept any communications not intended for you.

·       To release, post, distribute or execute any viruses or other harmful computer code.

·       To upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

·       To engage in "spamming," transmission of "junk mail" or "chain letters" or unsolicited mass distribution of SMS and e-mail or any similar conduct.

ii. At our discretion and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages you send without delivering them or prevent messages from reaching You. User may not use the PlayrApp Service in a way that imposes an unreasonable or disproportionately large load (as determined by us considering the purposes for which you are using the PlayrApp Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers. 

iii. You acknowledge that PlayrApp may establish general practices and limits concerning use of the PlayrApp Service. You may access the PlayrApp Service in each period of time. You agree that PlayrApp has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the PlayrApp Service. You acknowledge that PlayrApp reserves the right to log off accounts that are inactive for an extended period. You further acknowledge that PlayrApp reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 

iv. We reserve the right to remove any message board or team content which we deem to be in breach of our terms and conditions. Opinions expressed on a team message board and/or on PlayrApp forums do not represent our views, they only represent the views of the individual who posted the opinion.

v. You agree that you are responsible and liable for any content posted on the PlayrApp application by you, which includes pictures, images, words, or data.

vi. You agree that if you become aware of any content on the website which may be in breach of 4.3, to notify us to info@PlayrApp.co.uk. 

vii. You agree that PlayrApp is not responsible for the activity of any user of the application and that PlayrApp does not monitor content posted to the application. You use the application at your own risk and accept that you may be exposed to content which may be reasonably considered to be in breach of our Terms and Conditions of use, in which case you will notify us accordingly. 

6. ESTABLISHING A TEAMPAGE

You may establish a team page or ‘group space’ on PlayrApp and in doing so, you acknowledge and agree that.

i. The information added by you to invite your team members represents accurate and correct contact data for the individuals concerned, and that you have their consent to communicate with them on matters relating to the organisation of your ‘team’ or ‘group’ being organised using the PlayrApp service.

ii. Members added by you to your Teampage will be invited to join your team and will have access to your Teampage via a password which is unique to each individual member. Member passwords are communicated privately to invited members via the email and/or SMS provided for that team member as you add them to your team.

iii. By accessing team content, members are deemed to be using the PlayrApp service and agree to the PlayrApp terms and conditions.

iv. We reserve the right to delete or remove, any Teampage which contains content which we consider to be in breach of PlayrApp terms and conditions of use.

7. PlayrApp EMAIL AND SMS SERVICE 

i. As part of the PlayrApp Service, PlayrApp enables the communication of event details to your members via email and/or SMS. PlayrApp members’ mobile number and/or email address can be included in their registered profile. 

ii. PlayrApp SMS service is currently available in the UK. PlayrApp email service is available in the UK. 

iii. PlayrApp accepts no liability for any SMS or email content sent via the PlayrApp system and does not monitor content of messaging sent by users.

iv. PlayrApp users can opt out from receiving SMS messages at any point should they choose to do so, by checking the opt out box in their registered profile or by texting the word ‘Stop’ in reply to any PlayrApp SMS notification. 

v. PlayrApp members can opt out from receiving email notifications at any time by removing their email address from their registered profile or by sending an email to info@PlayrApp.co.uk requesting to no longer receive emails. 

vi. You may be charged by your wireless/mobile service provider for the following:  

·       A fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your mobile phone

·       A fee for airtime or other connection fees in connection with your downloading of information or messages from or uploading of information or messages to the PlayrApp Service

·       Roaming fees if delivery of a text message occurs outside of certain geographical areas. You are responsible for paying all such network related fees. 

vii. In the event of any unauthorised use of your account, you must notify PlayrApp, and you will be responsible for such unauthorised use until you notify PlayrApp. You must also take any steps necessary to prevent further unauthorised use of your account. PlayrApp shall have the right to terminate your account immediately in the event that you violate these Terms and Conditions or the Privacy Policy or any other applicable PlayrApp policy, rule, or conditions of use in any manner. You may choose to terminate your account voluntarily at any time by contacting info@PlayrApp.co.uk.

viii. PlayrApp reserves the right to introduce charges for the service at any time. In the event of the introduction of charges, PlayrApp will communicate this via email to its members and will use all reasonable endeavours to notify you.  

8. PRIVACY

PlayrApp recognises that our users have legitimate concerns about privacy. By accepting this Agreement, you explicitly consent to uses and disclosures of your personal information as enumerated in PlayrApp's then-current privacy policies, which are incorporated herein by reference. Our current privacy policy is available at www.PlayrApp.co.uk. User will own any personal user information or other registration information that User has given us as part of the registration process (your "Registration Information"). With respect to User's Registration Information, User agrees to grant PlayrApp a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights you have in your registration information and any information You provide to PlayrApp or other users within the publicly accessible areas of the PlayrApp Service or the Site, in any media now known or not currently known. PlayrApp will only use your Registration Information in accordance with our Privacy Policy. 

9. CONTENT

You understand that PlayrApp has no editorial control over any third-party content and that PlayrApp does not guarantee the accuracy or completeness of any third-party content. You agree that PlayrApp will have no liability to You, or anyone else who uses Your Account, regarding any third-party content. Under no circumstances will PlayrApp be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any content posted, emailed, or otherwise transmitted via the Service. You also understand that the third party content is the proprietary material of PlayrApp and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the copyright laws in the country in which you reside or comparable provisions of foreign laws. 

10. MODIFICATION TO THE SERVICE

i. User acknowledges that PlayrApp is dependent on various telecommunications and infrastructure networks for the delivery of its service and that PlayrApp may adjust its offering at any time. Users will be notified of any such changes through publication on the Site or through email describing the change.

ii. Users understand that PlayrApp may, in its discretion, from time-to-time change, add, or remove certain features of the PlayrApp Service or change the terms of this Agreement by informing you through publication on the PlayrApp website or through an email describing the changes. If you are dissatisfied with any such changes to the PlayrApp Service or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement. In addition, PlayrApp reserves the right to discontinue the PlayrApp Service altogether for all users at any time at its discretion. 

11. DISCLAIMERS AND WARRANTIES

You understand and agree that the service is provided on an "as is'' and "as available" basis. PlayrApp and its suppliers make no warranty that the service will meet your requirements or that use of the PlayrApp service or the site will be uninterrupted, timely, secure, or error-free; nor do PlayrApp or its suppliers make any warranty as to the results that may be obtained from use of the PlayrApp service or the accuracy, reliability or timeliness of any information obtained through the PlayrApp service (including third party content), or that any defects in the PlayrApp service will be corrected. Simply put, PlayrApp makes no representation of delivery, receipt, or termination of an SMS message. The user also acknowledges that, depending on the recipient's mobile service provider, it may not be possible to transmit the SMS message to the recipient successfully, particularly if the provider does not support SMS delivery at all. PlayrApp and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the PlayrApp service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that any material or data obtained through use of the PlayrApp service is at your own discretion and risk and that you will be solely responsible for results obtained using any such material or data or any resulting damage to your computer system or loss of data. Some states or jurisdictions do not allow the exclusion of certain warranties. Therefore, the above exclusions may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.

12. LIMITATIONS ON LIABILITY

i. PlayrApp and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if PlayrApp has been advised of the possibility of such damages), resulting from use of the PlayrApp service by you, or anyone using your account, including, but not limited to: 

·       The use or the inability to use the service.

·       Unauthorised access to or alteration of your transmissions or data.

·       Statements or conduct of any third party on the PlayrApp service or the site.

·       Any damages or loss of any nature arising from or relating to your use of the PlayrApp service or use of the PlayrApp service through your account by anyone else. (a) PlayrApp shall in no event be liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the PlayrApp service generally, the site, any other PlayrApp service and any aspect ancillary thereto; (b) PlayrApp shall in no event be responsible for the security of the data transmissions between PlayrApp and the user, including but not limited to the transmission of the payment information such as credit card numbers. PlayrApp expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between PlayrApp and the user. (c) PlayrApp's total cumulative liability to you and anyone who uses the PlayrApp service through your account, for any and all claims under any theory of law (including negligence), will not exceed the aggregate amount you paid to PlayrApp in the preceding twelve months. Some jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting PlayrApp's liability beyond what is permissible under applicable law.

ii. PlayrApp PAYMENTS for PlayrApp products and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if PlayrApp PAYMENTS has been advised of the possibility of such damages), resulting from use of the PlayrApp PAYMENTS service by you, or anyone using your account, including, but not limited to:

·       The use or the inability to use the service.

·       Unauthorised access to or alteration of your transmissions or data.

·       Statements or conduct of any third party on the PlayrApp service or the site.

·       Any damages or loss of any nature arising from or relating to your use of the PlayrApp service or use of the PlayrApp service through your account by anyone else. (a) PlayrApp shall in no event be liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the PlayrApp service generally, the site, any other PlayrApp service and any aspect ancillary thereto; (b) PlayrApp shall in no event be responsible for the security of the data transmissions between PlayrApp and the user, including but not limited to the transmission of the payment information such as credit card numbers. PlayrApp expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between PlayrApp and the user. (c) PlayrApp's total cumulative liability to you and anyone who uses the PlayrApp service through your account, for all claims under any theory of law (including negligence), will not exceed the aggregate amount you paid to PlayrApp in the preceding twelve months. Some jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting PlayrApp's liability beyond what is permissible under applicable law.

13. RELEASE AND INDEMNIFICATION

In the event that you have a dispute with one or more users, you release PlayrApp (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any jurisdictional law limiting the extent of such release. 

ii. User agrees to defend, indemnify and hold harmless PlayrApp and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of User's breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through the PlayrApp Service, or Your use of the PlayrApp Service. 

14. TERMINATION OF ACCOUNT

You may terminate Your Account, at any time and for any reason or no reason, by contacting PlayrApp's customer service at support@PlayrApp.co.uk. Notifying PlayrApp in any other way of your desire to terminate your Account may result in delays in processing your request. PlayrApp, in its sole discretion, may immediately terminate or suspend Your password, account (or any part thereof) or use of the PlayrApp Service, for any reason, including, without limitation, for lack of use or if PlayrApp believes that You have violated, acted inconsistently with this Agreement. PlayrApp reserves the right to terminate Your Account and this Agreement for any other reason if PlayrApp gives You at least ten (10) days advance notice. Upon any such termination of Your Account, You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that PlayrApp may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, you agree that PlayrApp shall not be liable to You or any third-party for any termination of Your Account. 

15. NO RESALE OF SERVICE

User agrees not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the PlayrApp Service, use of the PlayrApp Service, or access to the PlayrApp Service without the prior written approval of PlayrApp. 

16. LINKS

The PlayrApp Service may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that PlayrApp is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PlayrApp shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

17. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the PlayrApp Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that because of use of the PlayrApp Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights"). Except as expressly authorised, You agree not to violate the intellectual property rights of PlayrApp or any third party.

18. MISCELLANEOUS

If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the PlayrApp Service and supersede any prior or contemporaneous written or oral statements by PlayrApp or its representatives or resellers. The failure of PlayrApp to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. PlayrApp may assign this Agreement in accordance with the sale of all or substantially all its stock or membership interest or all or substantially all of its assets to a third party.