Hello and welcome! These Terms of Service (“Terms”) are an agreement formed between you (“You”) and Transmedia Corp. (“Company”, “PlayLife.ai” “we” or “us”) and cover the website available at playlife.ai (the “Website”), and the related applications (the “App”) operated on behalf of PlayLife.ai, and together with any content, tools, features and functionality offered on or through our Website and App (the “Services”).
These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing and/or using the Services, you’re agreeing to these Terms. If you don’t understand or agree to these Terms, please don’t use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Note: these Terms contain an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained below.
- • Use of the Services
- • Conditions of Use
- • Intellectual Property Rights
- • Pre-Arbitration Dispute Resolution
- • Arbitration Procedures
- • Termination
- • General
- • Changes to these Terms
- • Contact Us
Your Registration Obligations. You may be required to submit a registration form in order to access and use certain features of the Services. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years old OR if you are an EU citizen or resident under 16 years old, you are not authorized to register to use the Services. Member Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify PlayLife.ai of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. PlayLife.ai will not be liable for any loss or damage arising from your failure to comply with this paragraph. Modifications to Site. PlayLife.ai reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that PlayLife.ai will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
General Practices Regarding Use and Storage. You acknowledge that PlayLife.ai may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on PlayLife.ai’s servers on your behalf. You agree that PlayLife.ai has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that PlayLife.ai reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that PlayLife.ai reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You are solely responsible for all data, text, sound or other materials (“Content”) that you upload, post or publish (hereinafter, “Upload”) or email or otherwise transmit via the Services. The following are examples of the kind of Content and/or use that is illegal or prohibited by PlayLife.ai. PlayLife.ai reserves the right to investigate and take appropriate legal action against anyone who, in PlayLife.ai’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Website or Services, suspending or terminating the account of such violators and reporting them to applicable law enforcement authorities.
User Content Uploaded to the Site. With respect to the content or other materials you upload to or create using the Services (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, or are otherwise permitted to use them for the applicable purposes, for example by license or legal exception or limitation. By creating or uploading any User Content you own or create using the Service, you retain all rights in it (to the extent you would otherwise hold such rights) and hereby grant and will grant PlayLife.ai to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any PlayLife.ai-related purpose in any form, medium or technology now known or later developed.
Website or Services Content, Software and Trademarks. You acknowledge and agree that the Website or Services may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Website or Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by PalyLife.ai from accessing the Website or Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website or Services, or the Site Content, other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by PlayLife.ai.
The PlayLife.ai name and logos are trademarks of Character AI (collectively the “Character AI Trademarks”). Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
PlayLife.ai is always interested in resolving disputes amicably and fairly, and so if you have concerns, we strongly encourage you to first contact us about them at legal@playlife.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to PlayLife.ai should be sent to PlayLife.ai 251 Crandon Blvd, #526, Key Biscayne, FL 33149 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If PlayLife.ai and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or PlayLife.ai may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PlayLife.ai or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PlayLife.ai is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with JAMS’ (“JAMS”) Streamlined Arbitration Rules and Procedures (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, please visit its website, https://www.jamsadr.com/. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless PlayLife.ai and you agree otherwise, any arbitration hearings will take place in Miami, FL. If the parties are unable to agree on a location, the determination shall be made by JAMS. If your claim is for $10,000 or less, PlayLife.ai agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video conference hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Notwithstanding any provision in this Terms of Use to the contrary, PlayLife.ai agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending PlayLife.ai written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
You agree that PlayLife.ai, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Website or Services, for any reason, including, without limitation, for lack of use or if PlayLife.ai believes that you have violated or acted inconsistently with the letter or spirit of these Terms. PlayLife.ai may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that PlayLife.ai may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate PlayLife.ai’s rights to your User Content. Further, you agree that PlayLife.ai will not be liable to you or any third party for any termination of your access to the Services.
Entire Agreement. These Terms constitute the entire agreement between you and PlayLife.ai and govern your use of our Services, superseding any prior agreements between you and PlayLife.ai with respect to the Services. Choice of Law, Jurisdiction, Venue. These Terms are governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and PlayLife.ai agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida.
Severance. If any provision of these Terms 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 these Terms remain in full force and effect.
Any failure of PlayLife.ai to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Expiration of Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Admissibility. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment. You may not assign these Terms without the prior written consent of PlayLife.ai, but PlayLife.ai may assign or transfer these Terms of Use, in whole or in part, without restriction. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Website.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Site or changes made for legal reasons will be effective immediately. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms.
If you have any questions about our Services, or to report any violations of these Terms, please contact us at legal@playlife.ai.
