Terms of Use

Website Terms of Use

1. Introduction

GPV Entertainment, LLC (“Company”, “we”, “our” or “us”) operates www.playfizz.com (the “Website”). By accessing and using this Website, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the Website and, together with these Terms of Use, govern your use of those areas, content or transactions.

We reserve the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

Please read this document carefully before access or using the Website. Your access to the Website constitutes you acceptance to these Terms of Use. If you do not understand or agree to these Terms of Use, please do not use the Website. If you have any questions or concerns regarding these Terms of Use, please let us know by contacting us at .


2. The Service

The Website offers games in exchange for you downloading software (the “Service”). The Service allows the Company to display third party applications and a restricted amount of advertisements on your website browser, including but not limited to in-text, pop-up, banner, in-image and interstitial advertisements. The Website may also display advertisements on the site itself and/or within the games you play. All such applications and advertisements served to you through the Service and/or the Website are defined collectively as “Third Party Ads”. The Service may also change the add-on settings to automatically enable the software add-on in Internet Explorer and Firefox, such that the additional step of manually enabling the add-on will not be necessary. You have the right to uninstall and stop the Service at any time such that you will no longer receive any Third Party Ads. To uninstall the Service please go here.

3. Third Party Ads

You are solely interacting with a third party and not with the Company when clicking on any Third Party Ads. We do not endorse and are not associated with any third party websites, products, advertisements, services or offers promoted in any Third Party Ads. If you access any third party sites via your dealings with Third Party Ads, you do so at your own risk, and you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites, and therefore, we encourage you to review all the applicable terms and policies of Third Party Ads, including its policies on the collection of your information. Accordingly, we, and our Affiliate Companies (as defined below) shall not be responsible and shall not be liable for any damage or loss of any sort, arising from or related to your dealings with Third Party Ads.

In addition, you may have the ability to opt out of certain Third Party Ads by following the opt-out instructions from the applicable link included in the unit of such Third Party Ads. If you choose to opt-out, a cookie will be placed on your computer by the Service. Please note however, the Third Party Ads will re-appear automatically if you refresh or delete your cookies.

4. Copyright

You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Website without the written permission of Company. Company neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with the Company.

5. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Website without permission from the trademark owner, except as permitted by applicable law.

6. Disclaimer of Warranties

COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

7. Limitation of Liability

IN NO EVENT WILL COMPANY, its officers, principals, employees, directors, consultants, agents, subsidiaries or affiliates, nor its parent company and its officers, principals, employees, CONSULTANTS, directors, agents, subsidiaries AND affiliates (collectively, “affiliate companies”), BE LIABLE FOR ANY DAMAGES or losses WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICE.

8. Indemnification

You understand and agree that you are personally responsible for your behavior on the Website and your use of the Service. You agree to indemnify, defend and hold harmless Company, its officers, principals, employees, consultants, directors, agents, subsidiaries or affiliates, and its Affiliate Companies from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website, the Service, or any violation by you of these Terms of Use.

9. Age Requirement

This Website is only intended for individuals who are 18 years of age or older. If you are under the age of 18 you may not access the Website or use the Service.


10. Privacy

Click here to see the Website’s Privacy Policy. You agree to Company's collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time in our discretion.

11. User Conduct

You agree to use the Website and the Service only for lawful purposes. You agree not to take any action that might compromise the security of the Website or the Service, render the Website or the Service inaccessible to others or otherwise cause damage to the Website or the Service. You agree not to use the Website in any manner that might interfere with the rights of third parties.

12. Password Security

If you register to become a member of the Website, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

13. Entire Agreement

These Terms of Use, in connection with the other user obligations and rules detailed in writing on the Site, constitute the entire agreement between you and Company with respect to your use and access to the Site and Software, and can only be modified by Company as set forth above with respect to Amendments.

14. Correction of Errors and Inaccuracies, and Updates of the Service/Website

The Service and Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Company therefore reserves the right to correct any errors, inaccuracies or omissions and to change the Service or Website at any time without prior notice. The Company does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. In addition, the Company reserves the right at any time to update and release new versions of the Service and/or Website, including the addition or modification of any features and functionalities that may help us better manage your experience, the Service and Website (such additions and modifications to the features and functionalities of the Service and Website are collectively referred herein as “Updates”). These Updates may be disclosed via notice on the Website or may be automatically implemented without notice to you. Furthermore, the Updates may change the Service to the default settings of the current version of the Service, including changing the add-on settings to automatically enable the software add-on in Internet Explorer and Firefox such that the additional step of manually enabling the add-on will not be necessary (as explained in Section 2).

15. Dispute Resolution by Binding Arbitration

Many user concerns can be resolved quickly and to the user's satisfaction by contacting us at the email address below or on the “Contact” page on the Website. If, however, there is an issue that needs to be resolved, this Section 15 describes how both of us will proceed.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND ITS AFFILIATE COMPANIES AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. Any claim or dispute between you and Company or its Affiliate Companies arising out of or relating in any way to the Website, the Service, these Terms of Use, marketing by Company or Third Party Ads, including claims that arise after the termination of these Terms of Use, shall be resolved through final, binding arbitration. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. The obligation to arbitrate applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal or equitable theory.

We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. All arbitrations shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms of Use specifically prohibit you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.

A party who intends to proceed with a claim or dispute must first send to the other a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to Company shall be sent via email to and by United States mail to: PlayFizz, 2370 Market Street, Suite 141, San Francisco, CA 94114, Attn: Legal Department. Company will send notice to you via email to the email address we have on file for you, if any, or otherwise via a reasonable method. Upon receipt of such Notice, the other party shall have a thirty-day (30) period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day (30) cure period, you or Company may commence an arbitration proceeding if the claim has not been fully satisfied.

The arbitration of any claim or dispute under these Terms of Use shall be conducted by one arbitrator exclusively in Orange County, California, and state or federal courts located in Orange County, California shall have exclusive jurisdiction and venue over any appeals of or motions regarding an arbitration award. The arbitrator has the authority to grant any remedy that would be available in court, except that the arbitrator may not issue relief on behalf of a class or otherwise issue class-wide or group relief. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts, witnesses, and filing fees and the parties shall split the cost of the arbitrator.

If any aspect or portion of this Section 15 is found to be illegal or unenforceable, that aspect or portion will be severed with the remainder of Section 15 remaining in full force and effect.

16. Jurisdiction and Venue

You and Company agree that, as provided in Section 15, disputes shall be resolved by binding arbitration. You and Company also agree that if you or Company should nonetheless file a lawsuit against the other or Company’s Affiliate Companies, and regardless of the validity of the suit or whether it can be maintained or is prohibited by Section 15, the sole and exclusive forum, jurisdiction, and venue for such lawsuit shall be in courts of competent jurisdiction located in Orange County, California, and you hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue.

17. Choice of Law

These Terms of Use will be governed and construed in accordance with the laws of the State of California, irrespective of any principles of conflicts of law, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

18. Severability

If any portion of these Terms of Use is deemed void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

19. Contact

If you have questions or comments about these Terms of Use, please email us at . You can also write to us at 2370 Market Street, Suite 141, San Francisco, CA 94114. Please note that whether or not you have questions or comments, use of our Website indicates your agreement to the terms hereof as written.

Effective Date: July 11, 2012.

Updated Date: February 24, 2014.