×

Playenable Limited Terms of Service

PlayEnable Ltd. (hereafter referred to as "we", "us", or "our") provides an online platform that connects Sports and Fitness Facilities who provide classes and courses with consumers seeking to participate and book such classes and courses (collectively, the “Services”), which Services are accessible at http://www.playenable.comand any other websites through which PlayEnable makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and PlayEnable. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.playenable.com/terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SPORTS AND FITNESS FACILITIES (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR CLASSES AND COURSES (DEFINED BELOW) AND CONSUMERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK CLASSES AND COURSES DIRECTLY WITH THE SPORTS AND FITNESS FACILITIES. YOU UNDERSTAND AND AGREE THAT PLAYENABLE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SPORTS AND FITNESS FACILITIES AND CONSUMERS, NOR IS PLAYENABLE A BROKER, AGENT OR INSURER. PLAYENABLE HAS NO CONTROL OVER THE CONDUCT OF SPORTS AND FITNESS FACILITIES, CONSUMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY CLASSES AND COURSES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Key Terms

“PlayEnableContent” means all Content that PlayEnable makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

Collective Content” means Member Content and PlayEnable Content.

Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

Consumer” means a Member who requests from a sports and fitness facilities, a booking of an classes and courses via the Site, Application or Services, or a Member who stays at an classes and courses and is not the sports and fitness facilities for such classes and courses.

Sports and fitness facilities” means a Member who creates a Listing via the Site, Application and Services.

Listing” means an classes and courses that is listed by a sports and fitness facilities as available for rental via the Site, Application, and Services.

Member” means a person who completes PlayEnable’s account registration process, including, but not limited to Sports and Fitness Facilities and consumers, as described under “Account Registration” below.

Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

PlayEnable reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the listing and booking of classes and courses at various sports and fitness facilities. Such classes and courses are included in Listings on the Site, Application and Services by Sports and Fitness Facilities. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an classes and courses or create a Listing, you must first register to create an PlayEnable Account (defined below).

As stated above, PlayEnable makes available an online platform or marketplace with related technology for consumers and Sports and Fitness Facilities to meet online and arrange for bookings of classes and courses directly with each other. PlayEnable is not an owner or operator of sports and fitness facilities including, but not limited to, hotel rooms, motel rooms, other lodgings or classes and courses, nor is it a provider or manager of properties, including, but not limited to classes and courses. PlayEnable’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each sports and fitness facilities for the purpose of accepting payments from consumers on behalf of the sports and fitness facilities.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SPORTS AND FITNESS FACILITIES AND CONSUMERS MEETING EACH OTHER AND TO ENABLE THEM TO AGREE TO BOOKINGS OF CLASSES AND COURSES. PLAYENABLE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CLASSES AND COURSES. PLAYENABLE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CLASSES AND COURSES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CONSUMER’S OWN RISK.

Account Registration

In order to access certain features of the Site and Application, and to book an classes and courses or create a Listing, you must register to create an account (“PlayEnableAccount”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your PlayEnable Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to PlayEnable through the Site, Services or Application; or (ii) allowing PlayEnable to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to PlayEnable and/or grant PlayEnable access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating PlayEnable to pay any fees or making PlayEnable subject to any usage limitations imposed by such third party service providers. By granting PlayEnable access to any Third Party Accounts, you understand that PlayEnable will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your PlayEnable Account and PlayEnable Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your PlayEnable Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or PlayEnable’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your PlayEnable Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. PlayEnable makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and PlayEnable is not responsible for any SNS Content.

We will create your PlayEnable Account and your PlayEnable Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active PlayEnable Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. PlayEnable reserves the right to suspend or terminate your PlayEnable Account and your access to the Site, Application and Services if you create more than one (1) PlayEnable Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your PlayEnable Account, whether or not you have authorized such activities or actions. You will immediately notify PlayEnable of any unauthorized use of your PlayEnable Account.

Listings of classes and courses

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the classes and courses to be listed, including, but not limited to, the location, capacity, size, features, availability of the classes and courses and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all classes and courses must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your classes and courses via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a consumer requests a booking of your classes and courses, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or consumer stay at, an classes and courses in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any classes and courses included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that PlayEnable assumes no responsibility for a sports and fitness facilities’ compliance with any applicable laws, rules and regulations. PlayEnable reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that PlayEnable, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

You understand and agree that PlayEnable does not act as an insurer or as a contracting agent for you as a sports and fitness facilities. If a consumer requests a booking of your classes and courses and stays at your classes and courses, any agreement you enter into with such consumer is between you and the consumer and PlayEnable is not a party thereto. Notwithstanding the foregoing, PlayEnable serves as the limited authorized payment collection agent of the sports and fitness facilities for the purpose of accepting payments from consumers on behalf of the sports and fitness facilities and is responsible for transmitting such payments to the sports and fitness facilities.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your classes and courses, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your classes and courses. Any Member wishing to book classes and courses included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “sports and fitness facilities” section of the Site, Application and Services.

If you are a sports and fitness facilities, PlayEnable makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your classes and courses. You acknowledge and agree that, as a sports and fitness facilities, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the classes and courses at your request or invitation, excluding the consumer (and the individuals the consumer invites to the classes and courses, if applicable.)

PlayEnable recommends that Sports and Fitness Facilities obtain appropriate insurance for their classes and courses. Please review any insurance policy that you may have for your classes and courses carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of consumers (and the individuals the consumer invites to the classes and courses, if applicable) while at your classes and courses.

No Endorsement

PlayEnable does not endorse any Members or any classes and courses. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the PlayEnable sports and fitness facilities Guarantee Terms and Conditions (“PlayEnablesports and fitness facilities Guarantee”), which is an agreement between PlayEnable and Sports and Fitness Facilities, we will not be responsible for any damage or harm resulting from your interactions with other Members. (Please see PlayEnable’s sports and fitness facilities Guarantee Terms and Conditions at www.playenable.com/termsfor information about the PlayEnable sports and fitness facilities Guarantee.)

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from PlayEnable with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a sports and fitness facilities against PlayEnable regarding the remittance of payments received from a consumer by PlayEnable on behalf of a sports and fitness facilities, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

Bookings and Financial Terms for Sports and Fitness Facilities

If you are a sports and fitness facilities and a booking is requested for your classes and courses via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by PlayEnable in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the consumer who has requested the booking, (ii) a link to the consumer’s PlayEnable Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the consumer on such SNS, and (iv) an indication that the name that the consumer provided to PlayEnable when the consumer became a Member matches the name that the consumer provided to the SNSs to which the consumer has linked his or her PlayEnable Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an classes and courses within such 24 hour period, any amounts collected by PlayEnable for the requested booking will be refunded to the applicable consumer’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a consumer, PlayEnable will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

The fees displayed in each Listing are comprised of the classes and courses Fees (defined below) and the consumer Fees (defined below.) Where applicable, Taxes may be charged in addition to the classes and courses Fees and consumer Fees. The classes and courses Fees, the consumer Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a consumer solely relating to a sports and fitness facilities’s classes and courses are the “classes and courses Fees”. Please note that it is the sports and fitness facilities and not PlayEnable which determines the classes and courses Fees. The classes and courses Fee may include a cleaning fee, at the sports and fitness facilities’s discretion.

PlayEnable charges a fee to facilities for use of the online platform based upon a percentage of applicable classes and courses Fees which are the “Facility Fees”. PlayEnable will collect the Total Fees at the time of booking confirmation (i.e. when the sports and fitness facilities confirms the booking within 24 hours of the booking request) and will initiate payment of the classes and courses Fees (less PlayEnable’s sports and fitness facilities Fees (defined below)) to the sports and fitness facilities within 24 hours of when the consumer arrives at the applicable classes and courses (except to the extent that a refund is due to the consumer).

Appointment of PlayEnable as Payment Collection Agent for sports and fitness facilities

Each sports and fitness facilities hereby appoints PlayEnable as the sports and fitness facilities’s limited payment collection agent solely for the purpose of collecting payments made by consumers on behalf of the sports and fitness facilities. Each sports and fitness facilities agrees that payment made by a consumer through PlayEnable shall be considered the same as a payment made directly to the sports and fitness facilities and the sports and fitness facilities will make the classes and courses available to consumer in the agreed upon manner as if the sports and fitness facilities has received the classes and courses fees. Each sports and fitness facilities agrees that, PlayEnable may, in accordance with the cancellation policy selected by the sports and fitness facilities and reflected in the relevant Listing, (i) permit the consumer to cancel the booking and (ii) refund to the consumer that portion of the classes and courses Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the sports and fitness facilities, PlayEnable assumes no liability for any acts or omissions of the sports and fitness facilities.

Please note that PlayEnable does not currently charge fees for the creation of Listings. However, you acknowledge and agree that PlayEnable reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that PlayEnable will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for consumers

The Sports and Fitness Facilities, not PlayEnable, are solely responsible for honoring any confirmed bookings and making available any classes and courses reserved through the Site, Application and Services. If you, as a consumer, choose to enter into a transaction with a sports and fitness facilities for the booking of an classes and courses, you agree and understand that you will be required to enter into an agreement with the sports and fitness facilities and you agree to accept any terms, conditions, rules and restrictions associated with such classes and courses imposed by the sports and fitness facilities. You acknowledge and agree that you, and not PlayEnable, will be responsible for performing the obligations of any such agreements, that PlayEnable is not a party to such agreements, and that, with the exception of its payment obligations hereunder, PlayEnable disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that PlayEnable is not a party to the agreement between you and the sports and fitness facilities, PlayEnable acts as the sports and fitness facilities’ payment collection agent for the limited purpose of accepting payments from you on behalf of the sports and fitness facilities. Upon your payment of amounts to PlayEnable which are due to the sports and fitness facilities, your payment obligation to the sports and fitness facilities for such amounts is extinguished, and PlayEnable is responsible for remitting such amounts, less PlayEnable’s sports and fitness facilities Fees, to the sports and fitness facilities. In the event that PlayEnable does not remit any such amounts to a sports and fitness facilities, such sports and fitness facilities will have recourse only against PlayEnable.

Listings for classes and courses will specify the Total Fees. As noted above, the sports and fitness facilities is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by PlayEnable in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable sports and fitness facilities), any amounts collected by PlayEnable will be refunded to such consumer, depending on the selections the consumer makes via the Site and Application, and any pre-authorization of such consumer’s credit card will be released, if applicable.

You agree to pay PlayEnable for the Total Fees for any booking requested in connection with your PlayEnable Account if such requested bookings are confirmed by the applicable sports and fitness facilities. In order to establish a booking pending the applicable sports and fitness facilities’ confirmation of your requested booking, you understand and agree that PlayEnable, on behalf of the sports and fitness facilities, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar (GBP 1.00), or a similar sum in the currency in which you are transacting ( e.g. one euro or one US dollar) to verify your credit card. Once PlayEnable receives confirmation of your booking from the applicable sports and fitness facilities, PlayEnable will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that PlayEnable cannot control any fees that may be charged to a consumer by his or her bank related to PlayEnable’s collection of the Total Fees, and PlayEnable disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to PlayEnable or its third party payment processor. You agree to pay PlayEnable for any confirmed bookings made in connection with your PlayEnable Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by PlayEnable or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. You also authorize PlayEnable to charge your credit card in the event of damage caused at a classes and courses as contemplated under “Damage to classes and courses” below and for Security Deposits, if applicable. If you are directed to PlayEnable’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

Sports and Fitness Facilities may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable classes and courses. If a Security Deposit is included in a Listing for a confirmed booking of classes and courses, PlayEnable will, in its capacity as the payment collection agent of the sports and fitness facilities, use its commercially reasonable efforts to obtain a pre-authorization of the consumer’s credit card in the amount the sports and fitness facilities determines for the Security Deposit within a reasonable time prior to the consumer’s check-in at the applicable sports and fitness facilities’ classes and courses. PlayEnable will also use its commercially reasonable efforts to address Sports and Fitness Facilities’ requests and claims related to Security Deposits, but PlayEnable is not responsible for administering or accepting any claims by Sports and Fitness Facilities related to Security Deposits, and disclaims any and all liability in this regard.

Service Fees

In consideration for the use of PlayEnable's online marketplace and platform, PlayEnable collects service fees from Sports and Fitness Facilities and consumers (“Service Fees”). Service Fees are made up of a fee that is charged to the sports and fitness facilities based upon a percentage of the amount of the classes and courses Fees (“sports and fitness facilities fees”). Where applicable, Taxes may also be charged in addition to the sports and fitness facilities Fees. sports and fitness facilities Fees are deducted from the classes and courses fees before remitting the classes and courses fees to the sports and fitness facilities, within 24 hours of when the consumer arrives at the applicable classes and courses. consumer Fees are, as noted above, included in the Total Fees.

Balances will be remitted by PlayEnable to Sports and Fitness Facilities via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the sports and fitness facilities’ currency of choice, depending upon the selections the sports and fitness facilities makes via the Site, Application and Services. Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

Cancellations and Refunds

If, as a consumer, you cancel your requested booking before the requested booking is confirmed by a sports and fitness facilities, PlayEnable will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a consumer, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the classes and courses, the cancellation policy of the sports and fitness facilities contained in the applicable Listing will apply to such cancellation. Our ability to refund the classes and courses fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy that’s set by each sports and fitness facility.

If a sports and fitness facilities cancels a confirmed booking made via the Site, Services, and Application, (i) PlayEnable will refund the Total Fees for such booking to the applicable consumer within a commercially reasonable time of the cancellation and (ii) the consumer will receive an email or other communication from PlayEnable containing alternative Listings and other related information. If the consumer requests a booking from one of the alternative Listings and the sports and fitness facilities associated with such alternative Listing confirms the consumer’s requested booking, then the consumer agrees to pay PlayEnable the Total Fees relating to the confirmed booking for the classes and courses in the alternative Listing, in accordance with these Terms. If a sports and fitness facilities cancelled a confirmed booking and you, as a consumer, have not received an email or other communication from PlayEnable, please contact PlayEnable at info@playenable.com

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. PlayEnable cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each sports and fitness facilities is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a sports and fitness facilities, PlayEnable may issue a valid VAT invoice to such sports and fitness facilities.

As a consumer, you are responsible for leaving the classes and courses in the condition it was in when you arrived. You acknowledge and agree that, as a consumer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the classes and courses. In the event that a sports and fitness facilities claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your PlayEnable Account. PlayEnable also reserves the right to charge the credit card on file in your PlayEnable Account, or otherwise collect payment from you and pursue any avenues available to PlayEnable in this regard, including using Security Deposits, in situations in which you have been determined, in PlayEnable’s sole discretion, to have damaged any classes and courses, including, but not limited to, in relation to any payment requests made by Sports and Fitness Facilities under the PlayEnable sports and fitness facilities Guarantee, and in relation to any payments made by PlayEnable to Sports and Fitness Facilities. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the classes and courses to the applicable sports and fitness facilities or to PlayEnable (if applicable).

Both consumers and Sports and Fitness Facilities agree to cooperate with and assist PlayEnable in good faith, and to provide PlayEnable with such information and take such actions as may be reasonably requested by PlayEnable, in connection with any complaints or claims made by Members relating to classes and courses or any personal or other property located at an classes and courses (including, without limitation, payment requests made under the PlayEnable sports and fitness facilities Guarantee) or with respect to any investigation undertaken by PlayEnable or a representative of PlayEnable regarding use or abuse of the Site, Application or the Services. If you are a consumer, upon PlayEnable’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a sports and fitness facilities, at no cost to you, which process will be conducted by PlayEnable or a third party selected by PlayEnable, with respect to losses for which the sports and fitness facilities is requesting payment from PlayEnable under the PlayEnable sports and fitness facilities Guarantee.

If you are a consumer, you understand and agree that PlayEnable reserves the right, in its sole discretion, to make a claim under your insurance policy related to any damage or loss that you may have caused or been responsible for to an classes and courses or any personal or other property located at an classes and courses (including amounts paid by PlayEnable.) You agree to cooperate with and assist PlayEnable in good faith, and to provide PlayEnable with such information as may be reasonably requested by PlayEnable in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as PlayEnable may reasonably request to assist PlayEnable in accomplishing the foregoing.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

●      violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

●      use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

●      use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;

●      copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;

●      infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

●      interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

●      use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

●      use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

●      "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an PlayEnable consumer or sports and fitness facilities;

●      offer, as a sports and fitness facilities, any classes and courses that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list classes and courses as a sports and fitness facilities if you are serving in the capacity of a rental agent or listing agent for a third party);

●      offer, as a sports and fitness facilities, any classes and courses that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;

●      register for more than one PlayEnable Account or register for an PlayEnable Account on behalf of an individual other than yourself;

●      contact a sports and fitness facilities for any purpose other than asking a question related to a booking, such sports and fitness facilities’s classes and courses or Listings;

●      contact a consumer for any purpose other than asking a question related to a booking or such consumer’s use of the Site, Application and Services;

●      when acting as a consumer or otherwise, recruit or otherwise solicit any sports and fitness facilities or other Member to join third party services or websites that are competitive to PlayEnable, without PlayEnable’s prior written approval;

●      impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

●      use automated scripts to collect information or otherwise interact with the Site, Application or Services;

●      use the Site, Application and Services to find a sports and fitness facilities or consumer and then complete a booking of an classes and courses transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to PlayEnable’s provision of the Services;

●      as a sports and fitness facilities, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;

●      or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

●      systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

●      use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, PlayEnable’s name, any PlayEnable trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PlayEnable’s express written consent;

●      access, tamper with, or use non-public areas of the Site or Application, PlayEnable’s computer systems, or the technical delivery systems of PlayEnable’s providers;

●      attempt to probe, scan, or test the vulnerability of any PlayEnable system or network or breach any security or authentication measures;

●      avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PlayEnable or any of PlayEnable’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

●      forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

●      attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or

●      advocate, encourage, or assist any third party in doing any of the foregoing.

●     

PlayEnable will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PlayEnable may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that PlayEnable has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. PlayEnable reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that PlayEnable, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy

See PlayEnable’s Privacy Policy at www.playenable.com/termsand for information and notices concerning PlayEnable’s collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of PlayEnable and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

Application License

Subject to your compliance with these Terms, PlayEnable grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. PlayEnable reserves all rights in the Application not expressly granted to you by these Terms.

PlayEnable Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, PlayEnable grants you a limited, non-exclusive, non-transferable license, to (i) access and view any PlayEnable Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PlayEnable or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to PlayEnable a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. PlayEnable does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to PlayEnable the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or PlayEnable’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that PlayEnable is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PlayEnable of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the PlayEnable Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of PlayEnable used herein are trademarks or registered trademarks of PlayEnable. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at info@PlayEnable.com.You acknowledge and agree that all Feedback will be the sole and exclusive property of PlayEnable and you hereby irrevocably assign to PlayEnable and agree to irrevocably assign to PlayEnable all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At PlayEnable’s request and expense, you will execute documents and take such further acts as PlayEnable may reasonably request to assist PlayEnable to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

PlayEnable respects copyright law and expects its users to do the same. It is PlayEnable’s policy to terminate in appropriate circumstances the PlayEnable Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see PlayEnable’s Copyright Policy at www.playenable.com/terms, for further information.

Termination and PlayEnable Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your PlayEnable Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event PlayEnable terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your PlayEnable Account you will remain liable for all amounts due hereunder. You may cancel your PlayEnable Account at any time via the “Cancel Account” feature of the Services or by sending an email to terms@PlayEnable.com. Please note that if your PlayEnable Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PlayEnable DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CONSUMERS AND SPORTS AND FITNESS FACILITIES, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PlayEnable EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PLAYENABLE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY CLASSES AND COURSES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PLAYENABLE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, CLASSES AND COURSES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PlayEnable OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SPORTS AND FITNESS FACILITIES OR CONSUMERS. YOU UNDERSTAND THAT PLAYENABLE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY CLASSES AND COURSES. PLAYENABLE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CONSUMERS AND SPORTS AND FITNESS FACILITIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PLAYENABLE. NOTWITHSTANDING PLAYENABLE’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE SPORTS AND FITNESS FACILITIES FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CONSUMERS ON BEHALF OF THE SPORTS AND FITNESS FACILITIES, PLAYENABLE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CONSUMER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY CLASSES AND COURSES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PLAYENABLE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PLAYENABLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY CLASSES AND COURSES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PlayEnable HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE SPORTS AND FITNESS FACILITIES PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE PLAYENABLE SPORTS AND FITNESS FACILITIES GUARANTEE, IN NO EVENT WILL PLAYENABLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY CLASSES AND COURSES VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY CLASSES AND COURSES OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CONSUMER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SPORTS AND FITNESS FACILITY, THE AMOUNTS PAID BY PLAYENABLE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PlayEnable AND YOU. 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.

Indemnification

You agree to release, defend, indemnify, and hold PlayEnable and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an classes and courses, (iii) creation of a Listing or (iv) the use, condition or rental of an classes and courses by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental and booking or use of a classes and courses

Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

You acknowledge and agree that (i) these Terms are concluded between you and PlayEnable only, and not Apple, and (ii) PlayEnable, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between PlayEnable and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PlayEnable.

You and PlayEnable acknowledge that, as between PlayEnable and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and PlayEnable acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between PlayEnable and Apple, PlayEnable, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You and PlayEnable acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Reporting Misconduct

If any sports and fitness facilities anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to PlayEnable by contacting us with your police station and report number at terms@PlayEnable.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between PlayEnable and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of classes and courses made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PlayEnable and you regarding bookings or listings of classes and courses, the Site, Application, Services, Collective Content and Referral Program.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without PlayEnable’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. PlayEnable may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PlayEnable (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Miscellaneous

Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by PlayEnable.com, its suppliers or providers.

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the Laws of United Kingdom and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in London, UK.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

General

The failure of PlayEnable to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PlayEnable. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting PlayEnable

If you have any questions about these Terms or any App Store Sourced Application, please contact PlayEnable at info@PlayEnable.com.