PlayaYield Online Terms of Service

Updated as of February 1, 2026

1. Welcome to PlayaYield

Thanks for your interest in our PlayaYield advertising services (the "Services"). By using our Services, you agree to (1) these Terms of Service and (2) the PlayaYield Program Policies, which describe permitted content, ad implementations, traffic quality requirements, and other rules for use of the Services, and, where applicable, the EU User Consent Policy (collectively, the "PlayaYield Policies") (collectively, the "PlayaYield Terms"). If ever in conflict, these Terms of Service will take precedence over any other terms in the policies and guidelines enumerated in number (2) above. Please read these Terms of Service and the rest of the PlayaYield Terms carefully.

As used in these Terms of Service, "you" or "publisher" means the individual or entity using the Services (and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you). "We," "us" or "PlayaNext" means PlayaNext LLC, and the "parties" means you and PlayaNext.

2. Access to the Services; PlayaYield Accounts

Your use of the Services is subject to your creation and our approval of a PlayaYield Account (an "Account"). We have the right to refuse or limit your access to the Services. In order to verify your Account, from time-to-time we may ask for additional information from you, including, but not limited to, verification of your name, address, and other identifying information. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account. If you (including those under your direction or control) create multiple Accounts, you will not be entitled to further payment from PlayaNext, and your Accounts will be subject to termination, pursuant to the provisions below.

By enrolling in PlayaYield, you permit PlayaNext to serve, as applicable, (i) advertisements and other content ("Ads") to Chrome Extensions approved by PlayaNext (each individually a "Property"). PlayaNext may refuse to provide the Services to any Property.

3. Using our Services; Restrictions

You may use our Services only as permitted by the PlayaYield Terms and any applicable laws. Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. Our Services are business tools. You must only use our Services exclusively for purposes relating to your trade, business, craft or profession.

You may discontinue your use of any Service at any time by removing the relevant code from your Properties.

You may only use our Services and place ads within the surface area of the extension(s) approved by us: the extension side panel, the extension popup and the extension internal page (collectively, the "Allowed Areas"). You cannot use our Services, place Ads and/or inject our Ads onto websites or other areas. When you use the Services on a Property, PlayaNext shall be the sole provider of advertising within the approved extension areas (the "Approved Areas"). You will not display, request, or integrate advertisements from any other advertising network, exchange, or monetization provider within the Approved Areas while the Services are active on the Property. You may use other advertising or monetization methods outside of those areas, provided they do not interfere with the Services or violate the PlayaYield Terms.

You may not (i) click on the Ads on your extension or use any means to inflate impressions and/or clicks, including manual methods or (ii) ask others to click or view their ads or use deceptive implementation methods to obtain clicks or views. This includes, but is not limited to, offering compensation to users for viewing Ads, promising to raise money for third parties for such behavior or placing images next to individual Ads.

You agree that your Properties will comply at all times with the Chrome Web Store Program Policies, including its policies regarding ads, and all applicable platform, browser, and operating system requirements. PlayaNext may suspend or terminate any Property that, in its sole discretion, violates such policies or poses a risk to users, advertisers, or the Services.

You agree not to directly or indirectly solicit, contract with, or attempt to bypass PlayaNext to work with any advertiser, demand partner, or advertising provider introduced or used through the Services for a period of twelve (12) months after your last use of the Services.

4. Changes to our Services; Changes to the PlayaYield Terms

We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.

We may modify the PlayaYield Terms at any time. We'll post any modifications to the Terms of Service on this page and any modifications to the PlayaYield Program Policies on its page as well as send a notice by email. Changes will generally become effective 14 days after they are posted, unless otherwise stated. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don't agree to any modified terms in the PlayaYield Terms, you'll have to stop using the affected Services.

5. Payment

Subject to this Section and Section 6 of these Terms of Service, you will receive a payment, payable in U.S. Dollars, related to (a) the number of valid clicks on Ads displayed on your Properties, (b) the number of valid impressions of Ads displayed on your Properties, or (c) other valid events performed in connection with the display of Ads on your Properties (clauses (a), (b), and (c) to be referred to as Ad Events), only if and when PlayaNext determines that your Properties have remained in compliance with the PlayaYield Terms (including all PlayaYield Policies as identified in Section 1 above) for the entirety of the period for which payment is made and through to the date that the payment is issued. The amount you receive will be equal to a percentage of the Ads revenue (the "Revenue Share Percentage") we receive in U.S. Dollars from advertisers or advertising exchanges or providers attributable to Ad Events related to your Properties. The Revenue Share Percentage shall initially be equal to 60.0%, but it will be displayed in your Account dashboard or otherwise communicated to you by PlayaNext and may be modified from time to time upon notice. You will see estimated Ad revenue throughout the month in your dashboard, and there will be a final figure that is posted in your dashboard at the conclusion of each month.

If your Account is in good standing through to the time when PlayaNext issues you a payment, we will pay you by 75 days following any calendar month in which the balance reflected in your Account equals or exceeds U.S. $100 if the transfer would be to a U.S. institution or U.S. $250 if the transfer would be to an institution outside of the U.S. (the "Threshold Amounts") . If PlayaNext is investigating your compliance with the PlayaYield Terms or you have been suspended or terminated, your payment may be delayed or withheld. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. PlayaNext may modify the Threshold Amounts from time to time upon notice.

In addition, PlayaNext may (a) withhold and offset any payments owed to you under the PlayaYield Terms against any fees you owe us under the PlayaYield Terms or any other agreement, or (b) require you to refund us within 30 days of any invoice any amounts we may have overpaid to you in prior periods. You are responsible for any charges assessed by your bank or payment provider.

Unless expressly authorized in writing by PlayaNext, you may not enter into any type of arrangement with a third party where that third party receives payments made to you under the PlayaYield Terms or other financial benefit in relation to the Services.

All revenue calculations, determinations of valid Ad Events, and amounts payable shall be determined solely by PlayaNext based on its records, which shall be final and binding absent manifest error. Payments will be calculated solely based on PlayaNext's accounting and our Ad partners, including ad exchange and advertising providers. You acknowledge and agree that you are only entitled to payment for your use of the Services for which PlayaNext has been paid; if, for any reason, PlayaNext does not receive payment from an advertiser or advertising exchange or provider or credits such payment back to an advertiser, you are not entitled to be paid for any associated use of the Services. Additionally, if an advertiser whose Ads are displayed on any Property defaults on payment to PlayaNext, we may withhold payment or charge back your Account.

PlayaNext has the right to withhold or adjust payments to you to exclude any amounts PlayaNext determines arise from invalid activity. Invalid activity includes, but is not limited to, (i) spam, invalid clicks, invalid impressions, invalid queries, invalid conversions, or other invalid events on Ads generated by any person, bot, automated program or similar device, including through any clicks, impressions, queries, conversions, or other events originating from your IP addresses or computers under your control; (ii) clicks, impressions, queries, conversions, or other events solicited or generated by payment of money, false representation, or requests for end users to click on Ads or take other actions; (iii) Ads served to end users whose browsers have JavaScript disabled or who are otherwise tampering with ad serving or measurement; (iv) any click, impression, query, conversion, or other event occurring on a Property that does not comply with the PlayaYield Policies; (v) any click, impression, query, conversion, or other event occurring on a Property associated with another PlayaYield Account you use; and (vi) all clicks, impressions, queries, conversions, or other events in any Account with significant amounts of invalid activity, as described in (i-v) above or with the types of invalid activity indicating intentional misconduct. In the event PlayaNext detects invalid activity, either before or after issuing a payment for that activity, PlayaNext reserves the right to debit your Account, and adjust future payments accordingly, for all invalid clicks, impressions, queries, conversions, or other events including for all clicks, impressions, queries, conversions, or other events on Properties that do not comply with the PlayaYield Policies.

Additionally, PlayaNext or its Ad partners may refund or credit advertisers for some or all of the advertiser payments associated with a publisher's Account. You acknowledge and agree that, whenever PlayaNext issues such refunds or credits, you will not be entitled to receive any payment for any associated use of the Services. PlayaNext reserves the right to recover or offset any amounts previously paid to you that are later determined to be associated with invalid activity, fraud, or violations of the PlayaYield Terms, including after termination of your Account.

You agree to maintain complete, accurate, and up-to-date records relating to your use of the Services, including, without limitation:

  • Traffic sources and acquisition methods
  • Installation and distribution channels
  • Extension functionality and integration with the Services
  • Ad requests, impressions, clicks, and other Ad Events
  • User activity related to the display of Ads
  • Server logs, client logs, and related technical records

Upon reasonable notice, PlayaNext may audit, review, or request access to such records, systems, integrations, and Properties for the purpose of:

  • Verifying compliance with the PlayaYield Terms and Program Policies
  • Investigating suspected invalid activity, fraud, or abuse
  • Responding to requests or requirements from advertisers, demand partners, exchanges, or regulatory authorities

You agree to:

  • Promptly provide any information, logs, data, or documentation reasonably requested by PlayaNext
  • Provide technical access to your integration, including test environments where reasonably necessary
  • Cooperate in good faith with any investigation or audit

If you fail to provide requested information or access within a reasonable timeframe, or if PlayaNext determines, in its sole discretion, that the information provided is incomplete, inaccurate, or indicative of invalid activity, PlayaNext may:

  • Suspend or terminate your Account or any Property
  • Withhold or adjust payments
  • Recover or offset previously paid amounts associated with invalid activity

PlayaNext will use any information obtained through an audit in accordance with the confidentiality provisions of these Terms.

6. Termination, Suspension, and Entitlement to Further Payment

PlayaNext may, in its sole discretion, at any time, without providing a warning or prior notice, temporarily suspend further payments on your Account, suspend or terminate the participation of any Property in the Services, or suspend or terminate your Account because of, among other reasons, invalid activity or your failure to otherwise fully comply with the PlayaYield Policies. PlayaNext can terminate your participation in the Services, and close your Account, if your Account remains inactive for a period of 6 or more consecutive months. If PlayaNext closes your Account due to inactivity, and the balance reflected in your Account equals or exceeds the Threshold Amounts, we will pay you that balance, subject to our payment provisions in Section 5. If PlayaNext closes your Account due to inactivity, you will not be prevented from submitting a new application to use the Services.

If PlayaNext terminates your Account due to your breach of the PlayaYield Terms, including, but not limited to, your causing or failing to prevent invalid activity on any Property, or your failure to otherwise fully comply with the PlayaYield Policies, you will not be entitled to any further payment from PlayaNext for any prior use of the Services. If you breach the PlayaYield Terms or PlayaNext suspends or terminates your Account, you are prohibited from creating a new Account.

If you dispute any payment made or withheld relating to your use of the Services, or, if PlayaNext terminates your Account and you dispute your termination, you must notify PlayaNext within 30 days of any such payment, non-payment, or termination by submitting an appeal. If you do not, any claim related to the disputed payment or your termination is waived.

You may terminate your use of the Services at any time by emailing us at support@playayield.com to delete your account data. Your PlayaYield Account will be considered terminated within 10 business days of PlayaNext's receipt of your notice. If you terminate your Account and the balance reflected in your Account equals or exceeds the Threshold Amounts, we will pay you that balance, subject to the payment provisions in Section 5, within approximately 90 days after the end of the calendar month in which you terminated your use of the Services. Any balance reflected in your Account below the Threshold Amounts will remain unpaid.

7. Taxes

As between you and PlayaNext, PlayaNext is responsible for all taxes (if any) associated with the transactions between PlayaNext and advertisers in connection with Ads displayed on the Properties. You are responsible for all taxes (if any) associated with the Services, other than taxes based on PlayaNext's net income. All payments to you from PlayaNext in relation to the Services will be treated as inclusive of tax (if applicable) and will not be adjusted.

8. Testing

You authorize PlayaNext to periodically conduct tests that may affect your use of the Services. To ensure the timeliness and validity of test results, you authorize PlayaNext to conduct such tests without notice.

9. Intellectual Property; Brand Features

Other than as set out expressly in the Agreement, neither party will acquire any right, title, or interest in any intellectual property rights belonging to the other party or to the other party's licensors.

If PlayaNext provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable license for use of such software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PlayaNext, in the manner permitted by the Agreement. Other than distributing content via our SDK, you may not copy, modify, distribute, sell, or lease any part of our Services or included software, or reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You will not remove, obscure, or alter PlayaNext's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any PlayaNext services, software, or documentation.

We grant you a non-exclusive, non-sublicensable license to use PlayaNext's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") solely in connection with your use of the Services and in accordance with the PlayaYield Terms. We may revoke this license at any time. Any goodwill arising from your use of PlayaNext's Brand Features will belong to PlayaNext.

PlayaNext shall own all right, title, and interest in and to any aggregated or anonymized data derived from the operation of the Services.

We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports.

10. Privacy

Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that PlayaNext can use such data in accordance with our privacy policy.

You will ensure that, at all times you use the Services, the Properties have a clearly labeled and easily accessible privacy policy that provides end users with clear and comprehensive information about the collection and use of personal data and advertising technologies in connection with the Services, including, where applicable, information about IP addresses, device information, cookies, local storage, or similar technologies.

You will use commercially reasonable efforts to ensure that end users are provided with appropriate notice and, where required by applicable law, consent for the collection or processing of personal data or the use of cookies, local storage, or similar technologies in connection with the Services.

10.1 Roles of the Parties; Data Processing

For the purposes of applicable data protection laws, including the GDPR, UK GDPR, and similar laws (collectively, "Data Protection Laws"):

Independent Controllers

Each party acts as an independent controller of any personal data it processes in connection with the Services, unless otherwise agreed in writing.

PlayaNext Processing Activities

PlayaNext processes personal data for purposes including:

  • Ad delivery and selection
  • Measurement and reporting
  • Fraud detection and prevention
  • Service performance and security
  • Account administration and payments

PlayaNext determines the purposes and means of such processing independently.

Publisher Responsibilities

You are solely responsible for:

  • Determining the legality of your extension or Property
  • Providing required notices to end users
  • Obtaining any required consents
  • Complying with all applicable Data Protection Laws

No Sensitive Data

You agree not to send, transmit, or make available to PlayaNext any:

  • Sensitive personal data
  • Health data
  • Financial account numbers
  • Government identification numbers
  • Data relating to children
  • Any data that is subject to heightened legal protection

Compliance with Laws

Each party agrees to comply with applicable Data Protection Laws in connection with its use of the Services.

If required by applicable Data Protection Laws, the parties may enter into a separate data processing addendum ("DPA") that governs the processing of personal data in connection with the Services. Unless otherwise agreed in writing, the parties shall act as independent controllers.

11. Confidentiality

You agree not to disclose PlayaNext Confidential Information without our prior written consent. "PlayaNext Confidential Information" includes: (a) all PlayaNext software, technology and documentation relating to the Services; (b) revenue share terms, pricing, advertiser relationships, demand sources, payment structures, click-through rates or other statistics relating to Property performance as pertaining to the Services; (c) the existence of, information about, or the terms of, any non-public beta or experimental features in a Service; and (d) any other non-public business or technical information made available by PlayaNext that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. PlayaNext Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party. Notwithstanding this Section 11, you may accurately disclose the amount of PlayaNext's gross payments resulting from your use of the Services.

12. Indemnity

You agree to indemnify and defend PlayaNext, its affiliates, agents, and advertisers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content served on the Properties that is not provided by PlayaNext; your use of the Services; or your breach of any term of the PlayaYield Terms. PlayaNext's advertisers are third-party beneficiaries of this indemnity.

13. Representations; Warranties; Disclaimers

13.1 Existing Representations

You represent and warrant that (i) you have full power and authority to enter into the PlayaYield Terms; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each Property; (iii) you are the technical and editorial decision maker in relation to each Property on which the Services are implemented and you have control over the way in which the Services are implemented on each Property; (iv) PlayaNext has never previously terminated or otherwise disabled an PlayaYield Account created by you due to your breach of the PlayaYield Terms, including due to invalid activity; (v) entering into or performing under the PlayaYield Terms will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to PlayaNext is correct and current.

OTHER THAN AS EXPRESSLY SET OUT IN THE PLAYAYIELD TERMS, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, PLAYANEXT MAY REFUSE TO SERVE, AS APPLICABLE, ADVERTISEMENTS AND OTHER CONTENT ("ADS"). WE DO NOT GUARANTEE THAT EVERY PAGE WILL RECEIVE ADS OR THAT PLAYANEXT WILL SERVE A CERTAIN NUMBER OF ADS. ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE "AS IS".

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

13.2 No Service Level Guarantees

PlayaNext does not guarantee any minimum fill rate, CPM, revenue, ad quality, or service uptime. Ad performance and earnings may vary based on demand availability and other factors outside PlayaNext's control.

13.3 Advertising Content; No Endorsement; No Brand Safety Guarantees

Advertisements and other content displayed through the Services are provided by third-party advertisers or demand partners. PlayaNext does not control, endorse, or guarantee the accuracy, legality, safety, or quality of any advertiser, advertisement, product, or service promoted through the Services.

You acknowledge and agree that:

  • No Responsibility for Advertiser Content. PlayaNext is not responsible for the content of any advertisements or for any products, services, or offers promoted by advertisers. Any interaction you or your users have with advertisers is solely between the applicable parties and the advertiser.
  • Ad Variability. Advertisements may vary by user, device, location, time, context, demand availability, or other factors. PlayaNext does not guarantee that any particular advertisement, category of advertisements, or advertiser will appear on any Property.
  • No Brand Safety Guarantees. While PlayaNext may use commercially reasonable efforts to apply advertiser or content restrictions, PlayaNext does not guarantee that all advertisements will be brand-safe, suitable for all audiences, or free from objectionable content.
  • No Control Over Demand Sources. PlayaNext may source advertisements from multiple demand partners, exchanges, or other third parties, and does not guarantee the identity, quality, or behavior of any such partners.

13.4. Sanctions and Export Compliance

No Sanctioned Parties. You are not:

  • Located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions or embargoes, including, without limitation, Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine (or any other region subject to similar restrictions); or
  • Listed on, or owned or controlled by any person or entity listed on, any sanctions or restricted-party list maintained by the United States, including the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), or any other applicable governmental authority.

Compliance with Laws. You agree to comply with all applicable export control, sanctions, and trade laws and regulations, including those administered by:

  • The U.S. Department of the Treasury
  • The U.S. Department of Commerce
  • Any other relevant governmental authority

No Prohibited Use. You will not use the Services:

  • For the benefit of any sanctioned person or entity
  • In connection with any activity that would violate applicable sanctions or export control laws
  • In any country or territory subject to comprehensive sanctions, unless authorized by applicable law

Right to Suspend or Terminate. PlayaNext may suspend or terminate your Account or any Property immediately, without notice, if it determines, in its sole discretion, that you may be in violation of this section or any applicable sanctions or export control laws.

14. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS, AND/OR PROPRIETARY INTERESTS RELATING TO THE PLAYAYIELD TERMS, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE PLAYAYIELD TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY'S AGGREGATE LIABILITY UNDER THE PLAYAYIELD TERMS IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THESE PLAYAYIELD TERMS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

Each party acknowledges that the other party has entered into the PlayaYield Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.

15. Governing Law; Agreement to Arbitrate

You and PlayaNext agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and PlayaNext (collectively, "Disputes"), including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through final and binding arbitration, except as otherwise provided below. The arbitration shall be administered by JAMS (or any successor organization) in accordance with its Comprehensive Arbitration Rules and Procedures, including the Expedited Procedures set forth in Rules 16.1 and 16.2, as applicable. The arbitration shall be conducted before a single arbitrator who is a retired judge or an attorney with significant experience in commercial disputes.

  • Location and Governing Law. The arbitration shall take place in Los Angeles County, California, unless the parties agree otherwise. These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
  • Individual Proceedings Only; Class Action Waiver. To the fullest extent permitted by law, you and PlayaNext agree that any arbitration or proceeding shall be conducted only on an individual basis and not in a class, collective, consolidated, or representative action. The arbitrator shall have no authority to hear or arbitrate any class, collective, or representative proceeding or to consolidate the claims of multiple parties.
  • Small Claims Court Option. Notwithstanding the foregoing, either party may bring an individual claim in a small claims court of competent jurisdiction, if the claim qualifies.
  • Injunctive or Equitable Relief. Nothing in this section shall prevent either party from seeking provisional, injunctive, or equitable relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or other proprietary rights, pending the outcome of arbitration.
  • Arbitration Procedures and Authority. The arbitrator shall have exclusive authority to resolve any Dispute, including disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator shall apply applicable California law and may award any relief available in court on an individual basis.
  • Fees and Costs. Each party shall bear its own attorneys' fees and costs in arbitration, unless otherwise required by law or awarded by the arbitrator.
  • Final and Binding Award. The arbitrator's decision shall be final and binding on the parties to the fullest extent permitted by law. Judgment on the award may be entered in any court of competent jurisdiction.
  • Opt-Out Right. You may opt out of this arbitration provision by sending written notice to PlayaNext within thirty (30) days of first accepting these Terms. Your notice must include your name, account or developer ID (if applicable), and a clear statement that you wish to opt out of arbitration. If you opt out, neither party will be required to arbitrate Disputes.
  • Survival. This arbitration provision shall survive termination of these Terms and any relationship between you and PlayaNext.

16. Miscellaneous. Entire Agreement; Amendments.

Entire Agreement; Amendments. The PlayaYield Terms are our entire agreement relating to your use of the Services and supersede any prior or contemporaneous agreements on that subject. The PlayaYield Terms may be amended (i) in a writing signed by both parties that expressly states that it is amending the PlayaYield Terms, (ii) as set forth in Section 4, if you keep using the Services after PlayaNext modifies the PlayaYield Terms, and (iii) PlayaNext may modify ad formats, measurement methodologies, pricing models, revenue share structures, and payment calculations at any time upon notice.

Assignment. You may not assign, transfer, delegate, or otherwise dispose of any of your rights or obligations under the PlayaYield Terms, whether by operation of law or otherwise, without the prior written consent of PlayaNext. Any attempted assignment in violation of this section will be null and void.

PlayaNext may assign or transfer the PlayaYield Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, or by operation of law.

Subject to the foregoing, the PlayaYield Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

Independent Contractors. The parties are independent contractors and the PlayaYield Terms do not create an agency, partnership, or joint venture.

No Third-Party Beneficiaries. Other than as set forth in Section 12, the PlayaYield Terms do not create any third-party beneficiary rights.

No Waiver. Other than as set forth in Section 6, the failure of either party to enforce any provision of the PlayaYield Terms will not constitute a waiver.

Severability. If it turns out that a particular term of the PlayaYield Terms is not enforceable, the balance of the PlayaYield Terms will remain in full force and effect.

Survival. Sections 5, 6, 8, 12, 14, 15 and 16 of these Terms of Service will survive termination.

Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.

Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. You may opt out of some of those communications in your Account settings. For information about how to contact PlayaNext, please email us as support@playayield.com.