Terms and conditions
1. Acceptance of Terms
Welcome to PlayAction Pools ("PlayAction"), owned and operated by Happyness, MASK LLC. PLAYACTION provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you. You can review the most current version of the TOS at any time at: https://www.playactionpools.com.
In addition, when using particular PLAYACTION services, you and PLAYACTION shall be subject to any posted guidelines or rules applicable to such services which may be posted elsewhere on the website. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. Entertainment and Marketing Only
PLAYACTION is strictly for entertainment or marketing purposes only and may not be used in connection with any form of gambling or wagering or the promotion of gambling or wagering. If you know (or have reason to suspect) that the service is being used for purposes of gambling or any other unlawful activity, you must notify PLAYACTION immediately via [email protected]. PLAYACTION may pursue legal remedies against such persons.
In order to participate in the service, you must be 18 (18) years of age or older at the time of registration.
4. Description of Service
PLAYACTION provides users with a powerful, easy to use, customizable application for hosting private contests surrounding sporting events for football, basketball, golf and others.
PLAYACTION provides schedules, scores, and other content, all of which is for entertainment only and should be considered to be unofficial. While PLAYACTION will use reasonable efforts to include accurate and timely information, PLAYACTION will not warrant or make any representations of any kind with respect to the information provided to you. PLAYACTION shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website service and shall not be responsible or liable for any error or omissions in that information.
PLAYACTION will make every reasonable effort to provide access on demand to all users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to PLAYACTION from all or part of the internet. PLAYACTION will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. PLAYACTION will not accept responsibility for any consequences resulting from disruptions in service.
PLAYACTION will make every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the internet, and every reasonable effort to ensure these programs are free of defects. PLAYACTION will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any users.
5. Representations and Warranties
You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the service any materials which: (a) Restrict or inhibit any other user from using and enjoying the service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact. You represent, warrant and covenant that you will comply with these Terms of Service in connection with your use of the PLAYACTION service.
6. Reservation of Rights
PLAYACTION expressly reserves, in its sole discretion, the right to immediately modify, suspend or terminate your account and refuse current or future use of any PLAYACTION service for any reason, including, but not limited to, PLAYACTION believes: you have used the service for gambling purposes; you have violated or tried to violate the rights of others; or believes that you have acted inconsistently with the spirit or letter of the TOS. PLAYACTION has the right to modify or discontinue service, including terminating any games you have organized or are participating in, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that PLAYACTION will not be liable to you or to any third party for any modifications or discontinuance of service, including the termination of any games you organized or are participating in.
7. License to use Software
Users have a limited license to access and use the software that comprises the service. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the PLAYACTION service functions. No rights of any kind in any of PLAYACTION's software, programs or other property shall accrue to any user.
9. Your Registration Obligations
To register on PLAYACTION you need to enter an email address, log in name and password, and you need to agree to these Terms Of Service. Since we use your email address to look up your account information, and to send you password change requests and other useful correspondence you should be sure to use a valid email address when registering. You should also keep your email address up to date using the Dashboard. If you use an invalid email address, you may find it difficult to retrieve your password and get customer service.
10. Login Name, Password and Security
You will create a log in name and password when registering with PLAYACTION. The log in name you pick will be unique to the website and no other user will have the same log in name. Your password should be something easy to remember and should not be the same password you use to protect important personal information such as bank and email accounts. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify PLAYACTION of any unauthorized use of your account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. PLAYACTION cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
12. Applicable Law/Jurisdiction
13. Invalidity of Specific Terms
If any provision of this TOS or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
14. Limitations of Liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR PLAYACTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Notwithstanding the foregoing, PLAYACTION retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against PLAYACTION herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without PLAYACTION's prior written approval.
16. Dealings with Merchants
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Site, you acknowledge and agree that PLAYACTION is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that PLAYACTION will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Site.
17. Report Violations
If you witness any user activity in the service that violates these Terms of Service, please notify us of the activity via [email protected]. PLAYACTION cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service an enjoyable experience for all users.
18. Refund Policy
If you are not satisfied with our service please contact us immediately and we will work hard to resolve your issues. If you remain unsatisfied then we will give you a fair and appropriate refund or credit. Also, if you make a mistake and pay for the wrong pool that never gets used or significantly over pay, then of course we will give you a refund or credit. Otherwise, there will be NO REFUNDS for issues out of our control. Reasons such as cancelled or postponed games, interrupted or cancelled seasons, acts of nature or war and anything else beyond our control will not warrant a refund.