Last updated: Dec. 1st, 2021
Playdayy is a mobile game developer(“We”, “Us” or “Our”). This terms of service (the “Terms”) constitutes a binding agreement between you and us. Generally, these Terms will guide and govern your access to and use of our online websites, mobile games, mobile applications and services (collectively “Services”).
We understand the importance of representing one’s work with respect, thus we are committed to providing the highest quality product and promoting the awareness of intellectual property rights. In order to achieve that, we all have to respect the following rules.
These terms of service (the “Terms”) constitute a legally binding agreement between end user of the Services (“You”) and we governing your online and offline use of the software and collection of services offered on our website (the “Site”) and in our apps and their updates, as well as related services (collectively “Services”), and affecting your legal rights (the “Agreement”).
Please read these Terms and our Privacy Policy as well as other terms referenced in this document carefully as you agree to (and comply with) them, accept them and agree to be bound by them before you may use the app. USING OUR SERVICES INDICATES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THE TERMS, AS WELL AS ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO OUR SERVICES THAT WE MAY PUBLISH FROM TIME TO TIME AND ALL AGREEMENTS DEFINED IN THE SECTION THIRD PARTY SERVICES.
Digital environment and law governing it change frequently, thus we reserve the right to make changes to these Terms at any time. When we do so, we’ll provide you with prominent notice by displaying it on the Site.
This app is offered and controlled by us from its facilities in Hong Kong. If you access or use the Services from other jurisdictions, you do so at your own risk. We make no representations that the Services are appropriate or available for use in other locations. You are responsible for knowing and complying with applicable laws of your jurisdiction. If such laws conflict with your use of the Services, you are not permitted to use them.
These Terms does not entitle You to receive, and does not obligate Lake to provide hard copy documentation, support, telephone assistance or enhancements or updates to the Services.
Updates and Availability
Modifications to Terms of Service
We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Services before the effective date of the changes. Once any updated Terms are in effect, you will be bound by them if you continue to use our Services.
We hope that you will continue using our Services, but if you do not agree to our updated Terms, you can delete your account at any time.
Availability of the Services
Our Services may be suspended temporarily without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
Termination
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.
Where we take such action, we'll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
Privacy and Copyright
Protection
Privacy Policy
In connection with your use of the Service, please review our Privacy Policy to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is a part of these Terms, and by agreeing to these Terms, you agree that we may use information collected from or about you in accordance with the Privacy Policy.
Intellectual Property Rights
Our Services, including the underlying content and information, are protected by copyright, trademarks, and other intellectual property rights under Hong Kong and foreign laws and international conventions, which belong to us and our licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of the app on a mobile device or computer that you own or control and to run such copy of the app solely for your own personal, non-commercial purposes. We reserve all rights in and to the app not expressly granted to you under these Terms. You may not copy the app, except for making one copy for backup or archival purposes. If you make a copy for your own backup or archival purposes, you must retain all trademark, copyright and other proprietary notices contained in and on the Services.
If you submit any ideas, suggestions, feedback, or other content to us, you grant to us(or warrant that the owner of such information and material has expressly granted to us) a royalty-free, worldwide, perpetual, irrevocable, unrestricted, right and license to use, copy, display, perform, modify, adapt, publish, and distribute, or otherwise make available such content (including any associated intellectual property rights), in whole or in part, for providing and improving our Services as described above.
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by Hong Kong. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
User Content and Activities
Your Content & Conduct
Our Service may allow you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.
Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.
You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs and then delete them.
You may not post, link and otherwise make available on or through the Service any of the following:
Rules Governing User Contributions; Prohibited Activities
A. User Contributions.
If you are a member of the Service and you are logged in to your member account, you may be able to submit comments, stories and content to the Service (collectively, “Contributions”). You are entirely responsible for the content of, and any harm resulting from, any Contributions that you post on or through the Service. When you create or make available a Contribution on or through the Service, you represent and warrant that you:
(1) own or have sufficient rights to post your Contributions on or through the Service;
(2) will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
(3) have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you post on or through the Service;
(4) will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner;
(5) will not post Contributions that contain advertisements or solicit any person to buy or sell products or services; and
(6) will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.
B. Prohibited Activities.
In addition to the obligations you agree that you in connection with your use of the Service, you will not:
(1) use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
(2) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(3) impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
(4) post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;
(5) post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
(6) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
(7) circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Service or the Materials on the Service.
If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user Contribution on the Service infringes upon your copyrights, you may submit a takedown notification to us by sending emails.
Rights in Contributions
A. Ownership of Contributions.
We do not claim any ownership rights in the Contributions that you post on or through the Service. After posting your Contributions on the Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
B. Grant of License to Us for Contributions.
By making a Contribution to the Service, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Service available to you) and worldwide (because the Internet is global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market and distribute the Contribution in connection with the Service, our business, or the promotion of the Service or our business in any media formats and through any media channels now known or subsequently created. This license does not grant us the right to sell your Contributions.
Member Accounts and Registration
To access certain features of our Services, you may be required to register for an account with our Services. You can sign up for an account by completing the registration process at when prompted in our App.
You will assume all responsibility for actions taken under your account, including any financial liability incurred. As part of your member account, you will be able to create a user profile, sync your activity across devices, and access certain features restricted to registered members only.
Our Management of this Website; User Misconduct
A. Our Right to Manage the Service.
We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Contribution or any portion thereof; (d) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (e) screen our users or members, or attempt to verify the statements of our users or members and/or (f) monitor disputes between you and other users or to terminate or block you and other users for violating these Terms of Service.
B. Interactions with other Users.
You are solely responsible for your interactions with other users of the Service. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Service and that you give to other users of the Service. You are discouraged from publicly posting your telephone number or street address on the Service. Information posted to the Service by other users of the Service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Opinions and other statements included in users’ Contributions do not represent our opinions or statements and the posting of a Contribution on the Service does not constitute the Company’s support or endorsement of any opinions or statements expressed in the applicable Contribution.
C. Our Right to Terminate Users.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION.
Virtual Goods and Virtual Money
We may include virtual currencies such as coins(“Virtual Money”) or items or services for use with our Games (“Virtual Goods”). If you are over 18 years old you may be able to buy Virtual Goods or Virtual Money. You agree that once purchased Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods only from us, and not from any third party. You agree that Virtual Money and Virtual Goods are not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Money or Virtual Goods to anyone else.
The balance of virtual goods or virtual currency does not contain real value. The user agrees that the sales of all virtual currencies and goods are final and that we do not make refunds once the transactions are complete. When a user purchases virtual goods or currencies from the company, the delivery of goods will be carried out as soon as the purchase is complete and thus, the user agrees that they forfeit the right to withdraw and cancel since they have already received the benefits of the relevant virtual goods and/or currencies.
Upon a notice to the user, we may manage, regulate, change or remove the contents of all virtual currencies or goods without being held liable by the user.
When we stop or terminate the user’s account without limits to its contents according to the Terms and Conditions of the company, the user will lose all of the virtual currencies and goods they hold and we will not make a refund and compensate for the loss.
Subscriptions
Payments and Fees
We offer certain premium features of the Services which you can purchase as a monthly, yearly or lifetime subscription (“Subscription”). You can find descriptions of the features and benefits associated with the Subscriptions on the App. To purchase a Subscription, you will have to provide a valid, accepted Payment Method (e.g., debit or credit card) to either the Apple App Store or Google Play Store. By submitting such information, you agree and warrant that the Apple App Store or Google Play Store have the right to use or provide the information to third parties for payment processing. You may be subject to additional terms and conditions imposed by Apple or Google.
Automatically Renewing Subscriptions
When you purchase a Subscription, your Subscription will automatically renew based on the term you select (e.g., on a monthly or yearly basis) until terminated. You authorize us to charge your Payment Method up to 24 hours before the end of the current Subscription term. You can cancel your Subscription in your Apple App Store or Google Play Store settings at least 24 hours in advance of the end of your current Subscription term.
No Refunds
Payments for Subscriptions are nonrefundable. We do not provide partial refunds or credits for unused periods. Following any cancellation, however, you will continue to have access to the premium features of the Services associated with the Subscription you purchased through the end of your Subscription term.
Changes to the Price and Subscription Terms
We reserve the right to change our Subscription terms or pricing at any time, which we may determine in our sole discretion. Any Subscription terms or pricing changes will not apply retroactively and will only take effect following notice to you.
Free Trial
You may be offered a Free Trial of premium features associated with a paid Subscription. Free Trial eligibility shall be determined by us in our sole discretion, and we may limit eligibility or duration to prevent abuse. At the end of your Free Trial term, your subscription may automatically renew, as stated in the notice that you accept at the time you sign up for the Free Trial.
Refund Policy
You can request for a purchase withdrawal if you have purchased any virtual goods or currencies in cash within the last 7 days and if they are completely unused. If you have purchased them within the last 7 days but have used up part of them, then you can no longer request for a purchase withdrawal.
Moreover, if you have received any additional virtual goods together with those purchased and part of such additional virtual goods have been used up, you are no longer able to request for a purchase withdrawal.
In addition, if you have received any virtual goods or currencies as a gift, you cannot request for a purchase withdrawal for these or exchange them for cash.
Purchase withdrawals can be made through email and it will be returned to the same method you used to make the payment. When processing your purchase withdrawal request, the virtual goods and currencies will be collected, however, please understand that the time of refund will differ according to the payment method used.
However, if there was a fault with the virtual goods and currencies you received, you can make a purchase withdrawal request within the 3 months of their purchase, or within the 30 days from the date you knew or could know about the fault, whichever comes first.
Third Party App Stores
You acknowledge and agree that the availability of the Service may be dependent on third party websites from which you download the Service, e.g., the Apple App Store or Google Play Store (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and us and not with the applicable Third-Party App Store. Each Third-Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third-Party App Store terms and conditions.
Third Party Sites
The Service may contain links to websites operated by third parties (“Third Party Sites”). For example, you may be able to share Contributions or other information with Third Party Sites through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws. THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD-PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD-PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD-PARTY SITES.
Warranties and Disclaimers
Warranty Disclaimer; Limitation on Liability
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT MAKE ANY REPRESENTATIONS ABOUT OR IMPLY THAT WE ENDORSE ANY USER CONTENT OR CONTRIBUTIONS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT OR CONTRIBUTIONS HOSTED ON THIRD PARTY SITES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) 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.
Limited Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER THEORY OF LIABILITY SHALL NOT EXCEED $50.
Notice to New Jersey Users
Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statue. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in- Consumer Contract, Warranty and Notice Act.
Notice to California Users
Under California Civil Code Section 1789.3, users located in California entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to feedback@playdayy.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Others
Severability of Provisions
These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Non-Waiver
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision.
Assignment
We may assign our rights under these Terms of Use without your approval. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Independent Contractors
Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights,
Including Your Right to File a Lawsuit in Court
A. Initial Dispute Resolution.
We are available by email at feedback@playdayy.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and us agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
B. Agreement to Binding Arbitration.
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to above sections, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the Hong Kong International Arbitration Centre (“HKIAC”)in accordance with the provisions of the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act. The seat of the arbitration will be Hong Kong, PRC. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. IF WE ARE REQUIRED TO PAY THE ADDITIONAL COST OF THE FILING FEES, YOU SHOULD SUBMIT A REQUEST FOR PAYMENT OF FEES TO HKIAC ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO HKIAC. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
C. Class Action and Class Arbitration Waiver.
You and the we each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and we each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. 30 Day Right to Opt Out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth by sending written notice of your decision to opt-out to the following email: feedback@playdayy.com. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Applicable Law.
You agree that federal laws and the laws of the Hong Kong SAR, PRC, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and us.
Contact Information
If you have any concerns regarding the use of our Services contact us by email: feedback@playdayy.com.