Terms and conditions

Our Commitment To Privacy

We are PlayMakers ('Company', 'we', 'us', or 'our') a company registered in France, Paris, under the number 92223522100012. Our VAT number is FR89922235221.

‍

We operate the website https://www.playmakers.co (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

‍

You can contact at contact@playmakers.co, or by mail to 229 Rue Saint Honoré, 75001 PARIS.

‍

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and PlayMakers, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

‍

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

‍

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

‍

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services, and
• download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@playmakers.co. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, files, images, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (4) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Services for any illegal or unauthorised purpose; and (6) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. USER GENERATED CONTRIBUTIONS

The Services offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, files, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Service's Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

‍

6. CONTRIBUTION LICENCE AND INTELLECTUAL PROPERTY RIGHTS

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. However, by submitting your Contributions to the Services, you hereby grant us, our partners, and any third parties we work with an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, perform, monetize, and otherwise exploit your Contributions for any purpose, in any manner, and on any media or platform, whether now known or hereafter developed, without any obligation to provide you with any compensation, credit, or other benefit. This includes the right to monetize such Contributions within their games or through any other means they see fit. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

You represent and warrant that, at the time of Publishing UGC, (i) you own or otherwise control all the rights in/to the UGC; (i) the UGC is accurate and not fraudulent or deceptive; and (iii) the UGC does not violate these Terms, any applicable laws, or the rights of any third party, including intellectual property, privacy, and publicity, and will not cause injury to any person or entity. You understand that PlayMakers cannot guarantee that in certain situations, UGC that you Publish or make available on or through the Services will not be copied or used by other Users of the Services and discussed on and outside of the Services. If you do not have the right to submit UGC for such use, Publishing such may subject you to liability. PlayMakers takes no responsibility and assumes no liability for any UGC Published by you or any third party. PlayMakers has the right but not the obligation to monitor, modify, disable access to, or remove any UGC on its Services, and it may exercise these rights at any time, without notice or liability to you or any third party

PlayMakers complies with the Digital Millennium Copyright Act (DMCA) and has a designated process for receiving and handling copyright takedown reports from the owner of the original work.

• PlayMakers and must adopt and reasonably implement a policy providing for the termination in appropriate circumstances of users who are repeat copyright infringers.
• PlayMakers and partners investigates each report and takes appropriate action, which may include removing or disabling the infringing content, and permanently terminating the accounts of users who have repeatedly infringed on the IP of others.
• If the filing is compliant with legal requirements and the infringing item is taken down, the infringing creator will lose any any rewards earned.

Only the IP rights holder knows what rights they have and who they have given permission to use their creations. Because of that, we rely on rights holders to let us know what they believe infringes their rights by filing a takedown report.

If you find content on PlayMakers that you believe infringes your IP rights, please see our contact us at contact@playmakers.co.

• Submitting an IP takedown notice to us is a legal process.
• Only the rights holder or their authorized representative can report content that infringes on their intellectual property rights.
• If PlayMakers receives a takedown notice about content from someone other than the IP owner or the owner's representative, PlayMakers cannot legally take action against the infringer unless contacted by the actual owner.

To accept your DMCA request, you will need to provide the following:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

‍

If your content was removed or disabled as a result of a DMCA notice, and you believe that your content is not infringing or that you have the proper authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to Publish and use the material in your content, you may send a counter-notice by email at contact@playmakers.co.

‍

7. REWARDS AND COMPENSATION FOR CREATORS

A creator is defined as a user submitting a Submission through PlayMakers.

‍

Discretionary Rewards: We reserve the right, at our sole discretion, to offer financial rewards or other forms of compensation to creators whose Contributions are selected by us, our partners, or our clients. Any such rewards are discretionary and do not constitute an obligation on our part to provide compensation for any Contributions.

‍

Eligibility for Rewards: In order to be eligible to receive any financial rewards, creators must provide us with all necessary information, including but not limited to, full legal name, tax identification number, payment details, and any other information required to comply with applicable laws and regulations. Failure to provide accurate and complete information may result in forfeiture of the reward.

‍

Tax and Legal Compliance: By accepting any financial reward, you acknowledge that you are solely responsible for complying with any and all applicable tax laws and regulations. You agree that you are responsible for reporting and paying any taxes due on the reward, and that we have no responsibility or liability for any taxes, penalties, or other legal obligations that may arise from your receipt of such rewards.

‍

No Employment Relationship: The provision of financial rewards does not create an employment, contractor, or any other formal relationship between you and us. You agree that you are not an employee, agent, or contractor of our company as a result of receiving a reward. Any reward provided is purely at our discretion and is intended as a recognition of your Contribution, not as payment for work or services.

‍

Non-Recurring Compensation: Financial rewards offered by us are non-recurring, one-time payments, and do not establish any expectation or precedent for future compensation. You agree that any rewards received do not entitle you to any further payments or benefits.

‍

Compliance with Laws: We reserve the right to withhold or revoke any financial rewards if we determine, at our sole discretion, that such action is necessary to comply with applicable laws or regulations, or to avoid any potential legal or financial liability.

8. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

9. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Ireland. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Ireland, then through your continued use of the Services, you are transferring your data to Ireland, and you expressly consent to have your data transferred to and processed in Ireland.

10. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

‍

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

12. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of France, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. PlayMakers and yourself both agree to submit to the non-exclusive jurisdiction of the courts of France, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in France, or in the EU country in which you reside.

13. DISPUTE RESOLUTION

‍Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Paris, France. The language of the proceedings shall be French. Applicable rules of substantive law shall be the law of France.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

14. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

15. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

16. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

18. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

20. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

‍

21. DATA AND PRIVACY POLICY

1. Introduction

PlayMakers offers users (“you,” or “User”) the opportunity to connect with communities, share content, or deploy various tooling to support creators. At PlayMakers, we value your privacy and are committed to providing a secure environment for our Users. This Privacy Policy (“Policy”) has been created to provide you with important information about how and why we may collect and process your data. All Personal Data (as defined below) will be processed in accordance with applicable law, including the European Union’s General Data Protection Regulation, federal and State law in the United States governing personal data protection, and other relevant data protection laws. This Policy forms part of the Terms and Conditions and is directly incorporated therein. Any capitalized terms not defined in this Policy shall have the same meaning as given to them in the Terms and Conditions.
‍

2. Collection of Data and Purpose

The passage you provided outlines the types of personal data that PlayMakers collects and processes for specific purposes, and the legal basis for each processing purpose. For example, PlayMakers collects and processes account information such as your name, email address, and phone number in order to create and maintain your user account. The legal basis for this processing is contractual, as PlayMakers requires this data to execute the Terms and Conditions and any other applicable Additional Terms that you agreed to when signing up for your User account.

PlayMakers also collects and processes data related to your use of the website in order to understand how users interact with the services and improve the user experience. The legal basis for this processing may vary depending on your location and the applicable law, but may be based on your consent or PlayMakers' legitimate interest. Additionally, PlayMakers collects and processes personal data in order to use the platform. The legal basis for this processing is also contractual, as PlayMakers requires this data to execute the relevant terms and conditions. PlayMakers also collects and processes personal data related to website and account security in order to detect, prevent, investigate, and/or trace any attempt to violate the terms and conditions or other applicable terms, such as by malicious hacking. The legal basis for this processing is PlayMakers's legitimate interest in detecting and preventing fraud.

Finally, PlayMakers collects and processes personal data related to user requests and communication in order to provide support and follow up on any questions or requests submitted through the Help Center or other method. The legal basis for this processing is also contractual, as support is integral to the services provided by PlayMakers.

‍

3. Data Retention Period

PlayMakers will retain your Personal Data until the closure of your account. However, in some cases, PlayMakers may need to retain certain Personal Data beyond the account closure date due to legal obligations or requirements, and the applicable statutory limitation periods will apply. Personal Data processed for analytics or other study purposes will not be retained after the relevant reports, outputs, and/or insights have been produced. Personal Data processed for the use of the Services will only be kept for 15 months from the date of the relevant activity. Personal Data processed for fraud prevention and security matters will be kept for three (3) years and five (5) years, respectively. Personal Data processed for management of your questions and/or requests will be retained for a maximum of three (3) years. PlayMakers may store Personal Data for a longer duration pursuant to its legitimate interests and applicable legal obligations, but will delete the Personal Data or apply adapted measures to ensure that you can no longer be identified when the retention period expires. Access to the relevant Data will be restricted to a limited number of persons with a genuine need to access it.
‍

4. Third Party Processor and Data Transfers

PlayMakers may utilize third-party service providers, referred to as "Processors," to assist in the maintenance, enhancement, analysis, and security of the Website, App, and Services. These processors may have access to Personal Data only for the purpose of carrying out the processing activity designated by PlayMakers. PlayMakers ensures that these service providers meet the applicable legal requirements and regulations and have sufficient guarantees for the performance of the processing activity. Personal Data may be processed outside of the European Economic Area (EEA). To safeguard the transfer of Data outside of the EEA, PlayMakers will take appropriate measures, including ensuring that the European Commission has taken an adequacy decision regarding the destination country, signing model contractual clauses adopted by the European Commission or the supervisory authority with the recipient, or verifying that the recipient adheres to an approved code of conduct or certification mechanism.
‍

5. Data Sharing

The Company discloses your Personal Data to Third-Party Service providers and suppliers who assist in fulfilling the purposes set out in this Policy.

PlayMakers's API: PlayMakers provides an open platform for Users and developers to build new services, games, or applications. To enable access to certain public User information published on the PlayMakers website, we offer an Application Programming Interface (API) that allows authenticated and authorized users to access basic User information such as usernames, avatars, and wallet addresses, as well as information about collectibles, achievements, favorites, auctions, offers, purchases, sales, and notifications. However, please note that email addresses are never shared via our API.

Third-Party Services: Some content or features of the PlayMakers website and/or app are provided by Third-Party Service providers. To facilitate your access to such content and/or features, PlayMakers may share some of your Personal Data with these Third-Party Services and suppliers. Such providers may request additional Data from you. Regardless of whether they are integrated into the Website and/or App directly, these Third-Party Services collect and process any Data they receive according to their own privacy policies, for which they are solely responsible. Please consult the relevant privacy policy of any Third-Party Service for more information. It is important to note that PlayMakers and the Third-Party Service Provider both act as independent controllers as defined by the GDPR or Business as defined by the CCPA, and they must comply with all applicable data protection laws and regulations.

Judicial and Governmental Authorities: PlayMakers may share your Personal Data with competent courts, governmental, or public authorities if required by law or valid court order, and to the extent legally permitted.

We take the sharing of your Personal Data seriously, and we only share your Data on a strictly need-to-know basis, and only as necessary to fulfill identified processing purposes.
‍

6. Use by Minors

The use of the Website, App, and Services is restricted to individuals who are 18 years old or older. As per the Terms and Conditions, the Website, App, and Services are not accessible to Users who are under the age of 18.
‍

7. User Rights

Many data privacy laws, such as the GDPR and some American state laws like CCPA, provide individuals with rights regarding their personal data and its processing. As a user of PlayMakers's website, app, and services, you have the right to access, correct, move, delete, and restrict the processing of your personal data. You also have the right to provide instructions for how your data should be managed after your death.

To exercise your rights or make an enquiry regarding data privacy, you should send a request with proof of identity by mail to Playmakers at 229 Rue Saint Honoré, 75001, Paris FRANCE or by email to gdpr@playmakers.co. PlayMakers will respond to your request or enquiry as soon as possible and no later than one month after receiving the request. For complex requests, PlayMakers reserves the right to extend this period to three months. If you are located in France, you also have the option to submit a claim to CNIL, and if you are located elsewhere in the EU, you may submit a request to the competent data protection authority in your location.

If you wish to delete your account and associated personal information, you can make a request as described above. Please note that the deletion of your account will result in the irreversible deletion of the personal data associated with the account. To ensure that the history and traceability of each collectible you owned are maintained, your username will be pseudonymized and replaced by a random series of alphanumeric characters. Please also note that any collectibles and cryptocurrencies stored in your wallet must be transferred out of your account before any deletion request, as they will be permanently irretrievable otherwise. PlayMakers takes the protection of your personal data seriously and requires your help to be successful. By agreeing to this policy, you agree to keep your data on PlayMakers up-to-date, only provide accurate and current personal data, and obtain consent from any other individuals whose information you provide to PlayMakers.
‍

8. Use of Cookies

This section informs users that cookies are used on the PlayMakers website. Cookies are small pieces of information that are placed on the user's device by the website's server. They can be used to send information back and forth between the user's browser and the website, and they can be either session cookies (which disappear when the user leaves the website) or permanent cookies (which remain on the user's device until they expire or are deleted). The user is informed that cookies may be installed on their device during visits to the website, and they are directed to the PlayMakers Cookie Policy for more information on the use of cookies.
‍

9. Data Security

PlayMakers assures the protection of your User account and Personal Data by implementing and maintaining measures against any unauthorized access, disclosure, modification, alteration, damage, accidental loss or accidental or illicit destruction, as well as against any other form of unauthorized processing or disclosure. It is highly recommended that you adhere to the security best practices to ensure the safety of your account information, which includes storing them securely and not sharing them. Our backup services do not provide backup to your personal, local storage or drive; thus, it is highly recommended to use other best practices or a secondary backup source for preserving your data. Enabling two-factors-authentication, using a password manager, and choosing a strong password for all password protected features of your User account and User account itself is highly advised. PlayMakers acknowledges the significance and value of the efforts of security researchers to maintain the safety of our community.
‍

10. Modifications to this Privacy Policy

PlayMakers retains the right to modify this Policy as required by applicable laws, or as deemed necessary as the Service evolves. Any significant modifications to this Policy will be communicated to you. By using the Services, you are considered to have accepted the terms and conditions of this Policy, as published on our Website.
‍

11. Jurisdiction and Governing Law

This Privacy Policy is subject to the laws of France and the European Union. If you are a consumer and resident of any European Union country, you are entitled to the mandatory provisions and legal rights under the laws of your country. This Policy does not affect your rights to rely on such provisions and rights. Any disputes arising out of or in connection with this Policy will be subject to the exclusive jurisdiction of the courts of France, unless otherwise allowed or required by applicable law. However, if you are a consumer and a resident of any other European Union member, you and PlayMakers may also bring legal proceedings in that country.

22. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

‍

PlayMakers

229 Rue Saint Honoré

75001 PARIS

France

contact@playmakers.co