Terms of Service

Last Updated: July 8, 2026

These Terms of Service govern your access to and use of the She Plays website, online store, products, services, content, features, tools, applications, forms, checkout flows, athlete storefronts, product pages, and related online experiences made available through sheplays.io and any related She Plays domains or subdomains (collectively, the “Website”).

These Terms form a legally binding agreement between you and She Plays. By accessing the Website, browsing the Website, creating an account, submitting a form, placing an order, purchasing a product, applying to become an athlete, submitting content, or otherwise using any part of the Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated herein by reference.

If you do not agree to these Terms, do not access or use the Website, place an order, submit information, or use any She Plays services.

1. Definitions

For purposes of these Terms:

“She Plays,” “we,” “us,” and “our” refer to Redu Too, Inc. DBA She Plays and its owners, officers, directors, employees, contractors, agents, affiliates, successors, and permitted assigns.

“You” and “your” refer to any person or entity that accesses or uses the Website, purchases products, submits information, applies to become an athlete, submits content, or otherwise interacts with She Plays.

“Website” means sheplays.io and any related She Plays domains, subdomains, storefronts, pages, applications, forms, checkout flows, and online services.

“Services” means the Website, online store, products, tools, applications, features, athlete storefronts, forms, content, communications, and related services made available by She Plays.

“Products” means apparel, accessories, merchandise, digital products, or other items made available for purchase through the Website.

“Athlete” means a person whose name, image, likeness, brand, design, collection, storefront, products, or related content may be featured on She Plays.

“User Content” means any content, information, images, photos, videos, designs, artwork, names, likenesses, text, feedback, reviews, comments, submissions, application materials, profile information, or other materials submitted, uploaded, transmitted, or otherwise provided by a user, customer, athlete, applicant, parent, guardian, or authorized representative.

2. Eligibility

You must be at least the age of majority in your state, province, or jurisdiction of residence, or have the consent of a parent or legal guardian, to use the Website or make purchases.

If you are using the Website on behalf of a company, organization, team, athlete, parent, guardian, or other person or legal entity, you represent and warrant that you have full authority to bind that person or entity to these Terms.

If you are under the age of majority and seek to apply to become an athlete, purchase products, submit information, or participate in any She Plays program, She Plays may require verified parent or guardian consent, additional documentation, or other conditions before allowing participation.

She Plays reserves the right to refuse access, reject applications, cancel accounts, cancel orders, or restrict use of the Website in its discretion if it determines that a user is ineligible, has violated these Terms, or poses a risk to She Plays, its athletes, or its users.

3. Access and Account Information

To access certain parts of the Services, including purchasing products, submitting forms, creating an account, or applying to become an athlete, you may be required to provide information such as your name, email address, billing information, payment information, shipping information, social handles, profile information, application materials, or other information.

You represent and warrant that all information you provide to She Plays is accurate, complete, current, and not misleading, and that you have all rights necessary to provide that information.

You are solely responsible for maintaining the confidentiality and security of any account credentials and for all activity conducted under your account. You may not transfer, assign, license, or share your account credentials with another person without She Plays’ prior written permission.

You agree to promptly update your information if it changes so that She Plays can process orders, provide services, communicate with you, and comply with applicable requirements.

4. Website Use

You may use the Website only for lawful purposes and in accordance with these Terms.

You agree that you will not:

Use the Website for any unlawful, fraudulent, deceptive, abusive, harassing, harmful, or unauthorized purpose.

Violate or attempt to violate any applicable law, regulation, rule, or third-party right.

Interfere with, disrupt, damage, overload, or impair the Website, servers, networks, systems, security measures, payment systems, fulfillment processes, or any related services.

Attempt to gain unauthorized access to any account, system, database, source code, administrative interface, customer data, athlete data, payment data, or non-public portion of the Website.

Use bots, scrapers, crawlers, automated tools, scripts, agentic AI systems, or similar methods to access, copy, harvest, index, submit forms to, purchase from, monitor, or otherwise interact with the Website without She Plays’ prior written permission.

Copy, reproduce, modify, distribute, sell, resell, exploit, reverse engineer, or create derivative works from any portion of the Website or Services except as expressly permitted by these Terms.

Misrepresent your identity, affiliation, age, relationship to an athlete, relationship to She Plays, or authority to act on behalf of another person.

Submit false, misleading, incomplete, infringing, obscene, defamatory, threatening, abusive, or otherwise unlawful information or content.

Circumvent, disable, manipulate, or interfere with security features, fraud-prevention measures, purchase limits, eligibility requirements, promotional rules, technical restrictions, or access controls.

Use the Website to advertise, solicit, recruit, spam, phish, harvest data, or collect information about users, customers, athletes, or She Plays without prior written authorization.

She Plays may suspend or terminate access to the Website for any conduct that it determines violates these Terms, creates risk for She Plays, harms another person, or interferes with the operation, integrity, safety, or reputation of the Website.

5. Automated Access and Agents

You may not use bots, crawlers, scrapers, automated tools, agentic AI systems, or similar technologies to access, copy, monitor, extract content from, purchase from, submit forms to, or otherwise interact with the Website without She Plays’ prior written permission.

Any authorized automated system must clearly identify itself, comply with all applicable technical restrictions, honor robots.txt directives and other access controls, and immediately cease access upon She Plays’ request.

She Plays may block, throttle, suspend, or terminate automated access at any time and without notice.

6. Products and Made-to-Order Fulfillment

Many She Plays products are produced on a made-to-order basis through print-on-demand fulfillment partners. Product availability, production timelines, pricing, colors, materials, sizing, imagery, product descriptions, and shipping estimates may change without notice.

She Plays makes reasonable efforts to display product information accurately, but does not guarantee that product descriptions, colors, images, sizing, pricing, availability, or other content will be complete, current, accurate, or free of error.

Product colors may vary based on screen calibration, device display settings, lighting conditions, photography, and print production variances.

She Plays does not warrant that the appearance, fit, quality, or characteristics of any product purchased will meet your expectations or be identical to how the product is displayed on the Website.

All product descriptions are subject to change without notice. She Plays reserves the right to discontinue any product at any time and may restrict quantities, availability, or sales to any person, geographic region, or jurisdiction.

All purchases are subject to our Return and Refund Policy, available at https://sheplays.io/policies/refund-policy, which is incorporated into these Terms by reference.

7. Orders, Acceptance, and Cancellation

When you place an order, you are making an offer to purchase the selected product or products under these Terms and any applicable product, shipping, return, and checkout terms presented at the time of purchase.

She Plays may accept, reject, cancel, or limit any order for any reason, including suspected fraud, payment issues, pricing errors, product unavailability, fulfillment issues, shipping restrictions, policy violations, or suspected unauthorized use of a name, likeness, design, discount code, payment method, or account.

An order is not accepted until She Plays confirms acceptance or initiates fulfillment. Order confirmation does not constitute a guarantee of final acceptance. She Plays reserves the right to cancel or decline an order after confirmation where necessary.

She Plays will make reasonable efforts to notify you if an order is rejected, canceled, or materially modified by contacting the email address, billing address, or phone number provided at the time of order submission.

Because made-to-order production may commence shortly after an order is placed, She Plays cannot guarantee that an order can be modified or canceled after checkout. Once an order has entered production, it cannot be modified, canceled, returned, exchanged, or refunded except where required by applicable law or as expressly provided in the Return and Refund Policy.

8. Personal Use Only

Products purchased through the Website are intended for personal or household use only. You may not purchase products for commercial resale, unauthorized distribution, export, or any unlawful purpose without She Plays’ prior written consent.

She Plays may refuse, cancel, or restrict orders that appear to be placed by resellers, distributors, exporters, automated systems, or unauthorized third parties.

9. Pricing, Taxes, Discounts, and Promotions

All prices are stated in U.S. dollars unless otherwise expressly indicated.

Prices, discounts, promotions, product availability, shipping charges, and tax amounts may change without notice.

The price charged for a product will be the price in effect at the time the order is placed, subject to correction of errors as described in these Terms.

Unless otherwise stated, posted prices do not include applicable taxes, shipping charges, handling fees, customs duties, import charges, or other fees, which may be added at checkout or billed separately.

She Plays may correct pricing errors, product errors, typographical errors, discount errors, or availability errors at any time, including after an order has been submitted. Where an order is affected by a material error, She Plays may cancel the order and, where applicable, issue a refund for the amount actually charged.

Discount codes, promotional offers, store credits, and other promotional items are subject to the terms presented at the time of the offer and may be modified, suspended, limited, or discontinued at any time without notice. Promotional items have no cash value and may not be transferred, sold, reproduced, or redeemed except as expressly authorized by She Plays in writing. In the event of conflict between these Terms and the specific terms of a promotion, the promotion terms control for that promotion only.

You agree to provide current, complete, and accurate purchase, payment, billing, and shipping information for all purchases. You represent and warrant that: (a) the payment information you provide is true, correct, and complete; (b) you are authorized to use the payment method provided; (c) charges incurred will be honored by your payment provider; and (d) you will pay all charges, including shipping, handling, taxes, and any other applicable amounts, at the posted prices.

10. Shipping and Delivery

Shipping and delivery dates are estimates only and are not guaranteed unless expressly stated otherwise in writing by She Plays.

She Plays and its fulfillment partners will make commercially reasonable efforts to fulfill and ship orders within the stated production and shipping windows. Nothing in this Section limits any rights you may have under applicable law for merchandise not shipped within the promised shipping time or, if no shipping time is stated, within the time required by applicable law.

Shipping may be affected by production volume, inventory availability, carrier delays, address errors, weather, customs delays, holidays, force majeure events, or other circumstances outside our reasonable control.

Risk of loss and title for physical products pass to you upon She Plays’ delivery of the products to the carrier, except where applicable law expressly provides otherwise.

You are solely responsible for providing accurate and complete shipping information. She Plays is not responsible for delays, non-delivery, returned shipments, or lost orders caused by incorrect or incomplete shipping information supplied by the customer.

If tracking information indicates that an order was delivered but you did not receive it, you should contact the shipping carrier directly. She Plays may assist in reviewing the matter with its fulfillment partner, but delivery disputes with carriers do not automatically qualify for refunds.

11. Returns, Exchanges, Refunds, and Defects

All returns, exchanges, refunds, defect claims, replacements, and related issues are governed by the Return and Refund Policy, which is incorporated into these Terms by reference. To the fullest extent permitted by applicable law, the remedies described in the Return and Refund Policy are the sole and exclusive remedies available to purchasers in connection with product condition, defects, production errors, and related claims.

Because She Plays products are produced on a made-to-order basis, all sales are final unless otherwise required by applicable law or expressly stated in the Return and Refund Policy.

She Plays does not accept returns or exchanges for size selection, fit, color preference, change of mind, incorrect item selection, or dissatisfaction with shipping or delivery timing once an order has entered production.

If an item arrives with a manufacturing defect, print defect, or production-related damage, you must follow the process and deadline set forth in the Return and Refund Policy.

12. Athlete Applications and Participation

She Plays may allow athletes, parents, guardians, teams, or authorized representatives to apply to participate in She Plays programs, storefronts, collections, collaborations, campaigns, or other available opportunities.

Submission of an application does not guarantee acceptance, participation, product creation, storefront publication, promotion, sales, earnings, payouts, or any other outcome.

She Plays may accept, reject, defer, pause, suspend, or terminate athlete participation at any time, including for business, creative, operational, eligibility, compliance, legal, brand safety, rights, quality, or conduct reasons, in its discretion.

If you apply as or on behalf of an athlete, you represent and warrant that: (a) all information submitted is accurate, current, complete, and not misleading; and (b) you have full right and authority to submit the information, materials, name, image, likeness, social handles, branding, designs, and other materials provided to She Plays.

Participation by an athlete may be subject to additional agreements, consents, releases, onboarding requirements, subscription terms, payout terms, parent or guardian approvals, tax documentation, payment processor requirements, school, league, team, conference, NIL, employment, or eligibility rules.

Nothing on the Website guarantees that an athlete will earn money, generate sales, receive payouts, build an audience, receive promotion, or achieve any particular business, athletic, legal, tax, or financial outcome.

13. Name, Image, Likeness, Branding, and Rights

You may not submit, upload, request, promote, sell, or use any content, name, image, likeness, logo, trademark, school mark, team mark, league mark, sponsor mark, copyrighted work, design, phrase, or other protected material unless you have obtained all rights, licenses, permissions, consents, and approvals necessary to do so.

You represent and warrant that any content or materials submitted to She Plays do not infringe, misappropriate, or violate any copyright, trademark, trade dress, patent, right of publicity, right of privacy, contractual right, school rule, team rule, league rule, NIL rule, or other legal or third-party right.

She Plays may reject, remove, disable, pause, modify, or decline to publish any content, product, storefront, design, image, name, likeness, or material that it determines, in its discretion, may violate these Terms, create legal or reputational risk, infringe third-party rights, violate platform standards, or otherwise be inappropriate.

You are solely responsible for securing all third-party rights, consents, permissions, approvals, and clearances required for materials you submit or request to use.

14. User Content

By submitting, uploading, providing, transmitting, or otherwise making User Content available to She Plays, you grant She Plays a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, and otherwise exploit that User Content as necessary or useful to operate, provide, improve, market, promote, and administer She Plays, the Website, products, storefronts, campaigns, athlete participation, and related services.

This license includes the right to use User Content in connection with product creation, storefront presentation, marketing materials, social media, email, advertising, investor materials, internal operations, customer support, quality review, legal compliance, and platform improvement.

You represent and warrant that: (a) you own or control all rights in and to the User Content; (b) you have all consents, permissions, licenses, and approvals necessary to submit the User Content and grant the rights described in these Terms; (c) the User Content is accurate, lawful, and not misleading; (d) the User Content does not violate any applicable law, regulation, third-party right, school rule, team rule, league rule, NIL rule, contract, or platform policy; and (e) the User Content does not contain viruses, malware, harmful code, or other materials that could damage, interfere with, or disrupt the Website or any related system.

She Plays may monitor, review, edit, remove, disable, or decline to use any User Content at any time, but has no obligation to do so.

15. Feedback

If you submit ideas, suggestions, reviews, proposals, comments, feedback, or other materials to She Plays, you grant She Plays a perpetual, worldwide, irrevocable, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, display, create derivative works from, and otherwise exploit that feedback for any lawful purpose, including operating, improving, marketing, and developing She Plays and the Services.

You represent and warrant that you have all rights necessary to submit the feedback and that the feedback does not violate any applicable law or third-party right.

She Plays has no obligation to maintain feedback in confidence, provide compensation for feedback, or respond to feedback.

16. Intellectual Property

The Website and Services, including all trademarks, service marks, trade names, logos, product names, slogans, text, images, graphics, videos, audio, software, code, design, layout, look and feel, selection, arrangement, and other content and materials, are owned by She Plays, its affiliates, athletes, licensors, service providers, or other rights holders and are protected by applicable United States and international intellectual property laws.

These Terms permit you to use the Website solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, resell, or otherwise exploit any material from the Website without She Plays’ prior written consent, except as expressly permitted by these Terms.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights under any patent, trademark, copyright, trade secret, right of publicity, right of privacy, or other intellectual property or proprietary right of She Plays, Shopify, any athlete, or any third party.

The She Plays name, logos, product and service names, designs, slogans, and related marks are trademarks or service marks of She Plays or its affiliates or licensors. You may not use such marks without She Plays’ prior written permission. All other names, logos, product and service names, designs, slogans, and marks on the Website are the property of their respective owners.

Unauthorized use of the Website or Services may give rise to a claim for damages and may constitute a criminal offense. All rights not expressly granted are reserved.

17. Third-Party Tools, Features, and Services

She Plays may provide access to tools, features, applications, integrations, pixels, analytics services, payment processors, checkout services, fulfillment partners, communication services, or other services offered by third parties. Such tools and services are provided as available and may be subject to separate third-party terms and privacy policies.

She Plays does not control all third-party tools and makes no representations or warranties regarding their availability, accuracy, security, performance, or fitness for any particular purpose. Your use of third-party tools is at your own risk.

She Plays may add, remove, modify, suspend, or replace tools and features at any time without notice. Any new features or tools made available through the Website will also be subject to these Terms.

18. Third-Party Links

The Website may contain links to websites, platforms, tools, content, or services operated by third parties, including social media platforms, athlete pages, payment providers, shipping carriers, Shopify, and other third-party services. These links are provided for convenience only and do not constitute an endorsement, approval, or sponsorship of any kind.

She Plays is not responsible for examining, evaluating, or guaranteeing any third-party website, content, product, service, policy, or practice. Your access to and use of third-party websites or services is at your own risk and subject to the applicable third party’s terms.

Questions, claims, complaints, or disputes regarding third-party products or services should be directed to the applicable third party.

19. Relationship With Shopify

She Plays is powered by Shopify, which enables She Plays to provide the Website, online store, checkout, and related functionality. All sales and purchases made through the Website are made directly with She Plays.

By using the Website or placing an order, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and She Plays, including any injury, damage, loss, claim, or dispute arising from products or services purchased from She Plays. You hereby release Shopify and its affiliates, officers, directors, employees, and agents from all claims, damages, and liabilities of any kind arising out of or related to your purchases or transactions with She Plays.

20. Privacy

All personal information She Plays collects through the Website is subject to the She Plays Privacy Policy, available at https://sheplays.io/policies/privacy-policy, which is incorporated into these Terms by reference.

Because the Website and store are hosted by Shopify, Shopify may independently collect and process personal information about your access to and use of the Website in order to provide, operate, secure, and improve its services. Information submitted through the Website may be transmitted to, processed by, or shared with Shopify and other third-party service providers, including providers located outside your jurisdiction.

By using the Website, you acknowledge that you have reviewed the Privacy Policy and understand that Shopify and other service providers may process personal information as described therein.

Certain residents, including residents of California, may have additional privacy rights under applicable state law. Please review the Privacy Policy for details.

21. Errors, Inaccuracies, and Omissions

Information on the Website may occasionally contain typographical errors, inaccuracies, or omissions, including with respect to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, sizing, images, athlete information, or other content.

She Plays reserves the right to correct any errors, inaccuracies, or omissions at any time, including after an order has been submitted, without prior notice. She Plays may cancel orders or refuse to process orders affected by material errors. She Plays has no obligation to update, amend, or clarify information on the Website except as required by applicable law.

22. Prohibited Uses

In addition to other restrictions stated in these Terms, you may not use the Website or Services:

For any unlawful purpose or to solicit others to participate in unlawful acts.

To violate any applicable international, federal, state, provincial, or local law, rule, regulation, or ordinance.

To infringe or violate any intellectual property right, right of publicity, right of privacy, NIL right, contractual right, school rule, team rule, league rule, or other third-party right.

To harass, abuse, harm, defame, intimidate, threaten, or discriminate against any person or class of persons.

To submit false, fraudulent, or misleading information or impersonate any person or entity.

To upload or transmit viruses, malware, harmful code, or any other destructive technology.

To spam, phish, pharm, pretext, crawl, scrape, harvest, or collect information from the Website or its users.

To interfere with or circumvent any security feature, fraud-prevention measure, access control, purchase restriction, or technical measure.

To impersonate She Plays, an athlete, another user, Shopify, or any other person or entity.

To use the Website in any manner that restricts or inhibits any other person’s use or enjoyment of the Website.

She Plays reserves the right to suspend, disable, or terminate your access to the Website or Services for any violation of these Terms or any conduct it determines to be harmful, risky, or contrary to the interests of She Plays, athletes, customers, or users.

23. Suspension and Termination

She Plays may suspend or terminate these Terms or your access to the Website or Services, in whole or in part, at any time, with or without notice, if it determines that you have violated these Terms, created risk for She Plays or others, engaged in unlawful or harmful conduct, or interfered with the operation, integrity, safety, or reputation of the Website.

Termination does not relieve you of any obligation to pay amounts owed or any liability accruing before the effective date of termination.

The following provisions survive termination of these Terms: Intellectual Property; User Content; Feedback; Relationship With Shopify; Privacy; Disclaimer of Warranties; Limitation of Liability; Indemnification; Dispute Resolution and Binding Arbitration; Governing Law and Venue; Severability; and any other provisions that by their nature should survive termination.

24. Disclaimer of Warranties

THE WEBSITE, SERVICES, CONTENT, INFORMATION, TOOLS, FEATURES, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY STATED BY SHE PLAYS IN WRITING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHE PLAYS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

SHE PLAYS DOES NOT REPRESENT OR WARRANT THAT: (A) THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, RELIABLE, OR FREE OF ERROR; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE WEBSITE OR SERVICES WILL BE FREE OF VIRUSES, MALWARE, OR HARMFUL COMPONENTS; (D) THE RESULTS OBTAINED FROM USE OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY PRODUCTS PURCHASED WILL MEET YOUR EXPECTATIONS OR BE IDENTICAL TO IMAGES, DESCRIPTIONS, OR RENDERINGS DISPLAYED ON THE WEBSITE.

Some jurisdictions do not allow the exclusion of certain implied warranties, and the above exclusions may not apply to you in full. In such jurisdictions, such implied warranties are limited to the minimum extent permitted by applicable law.

25. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHE PLAYS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, PARTNERS, SUCCESSORS, AND PERMITTED ASSIGNS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SHE PLAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHE PLAYS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, THE SERVICES, OR ANY PURCHASE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO SHE PLAYS FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SHE PLAYS AND YOU. WHERE THIS POLICY PROVIDES THAT REPLACEMENT IS THE SOLE AND EXCLUSIVE REMEDY, MONETARY LIABILITY IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not permit the exclusion or limitation of certain categories of damages, and some of the above limitations may not apply to you. In such jurisdictions, liability is limited to the minimum extent required by applicable law.

26. Indemnification

You agree to indemnify, defend, and hold harmless She Plays, Shopify, and their respective owners, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, successors, and permitted assigns from and against any and all third-party claims, demands, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

Your breach of these Terms or any policy incorporated herein by reference.

Your use or misuse of the Website or Services.

Your violation of any applicable law, regulation, rule, or third-party right.

Your User Content, feedback, application materials, designs, images, names, likenesses, or other submissions.

Your actual or alleged violation of any intellectual property right, right of publicity, right of privacy, NIL right, contractual right, school rule, team rule, league rule, or other third-party right.

Your purchase, attempted purchase, resale, misuse, or unauthorized use of products.

Your fraud, negligence, willful misconduct, or unauthorized activity.

She Plays will provide you with reasonably prompt notice of any claim subject to indemnification. Failure to provide prompt notice will not relieve you of your indemnification obligations unless you are materially and demonstrably prejudiced by the failure.

She Plays reserves the right to assume exclusive control of the defense and settlement of any indemnified claim, at your expense and with counsel of its choosing. She Plays will not settle any claim imposing non-monetary obligations on you without your prior written consent, which shall not be unreasonably withheld or delayed. You agree to cooperate fully in the defense of any indemnified claim, including by providing relevant documents, testimony, and information.

27. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

Informal Resolution

Before initiating arbitration, you agree to contact She Plays at help@sheplays.io and provide a written description of the dispute, the relief sought, and your contact information. The parties will attempt to resolve the dispute informally for a period of thirty (30) days from receipt of that notice. If the dispute is not resolved within that period, either party may initiate arbitration as provided below.

Binding Arbitration

Except as provided below, any dispute, claim, or controversy arising out of or related to these Terms, the Website, the Services, any purchase, or the breach, termination, enforcement, interpretation, or validity of these Terms, including the determination of the scope or applicability of this arbitration agreement, shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or, if you are not a consumer, under its Commercial Arbitration Rules, in each case as modified by this Section.

The arbitration shall be conducted in Delaware unless the parties agree otherwise in writing. The arbitrator shall apply Delaware substantive law. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AND SHE PLAYS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. YOU AND SHE PLAYS EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

If a court or arbitrator determines that the class action waiver in this Section is unenforceable as to a particular claim, then that claim only shall be severed from arbitration and may proceed in a court of competent jurisdiction, while all remaining claims shall be arbitrated.

Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

Either party may also bring an individual claim in small claims court if the claim qualifies for that forum. These exceptions do not waive the parties’ agreement to arbitrate all other disputes.

Opt-Out

You may opt out of this arbitration agreement within thirty (30) days of first agreeing to these Terms by sending written notice to help@sheplays.io with the subject line “Arbitration Opt-Out.”

Opting out does not affect any other provision of these Terms.

Severability of Arbitration Provision

If any portion of this Section 27 other than the class action waiver is found to be unenforceable, that portion shall be severed and the remainder of this Section shall continue in full force and effect.

28. Governing Law and Venue

These Terms and any dispute arising out of or related to these Terms, the Website, the Services, or any purchase from She Plays shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.

Subject to Section 27 (Dispute Resolution and Binding Arbitration), and solely to the extent a dispute is not subject to arbitration, the parties consent to the exclusive personal jurisdiction and venue of the state courts of the State of Delaware and the United States District Court for the District of Delaware for the resolution of any such dispute.

29. Severability

If any provision of these Terms is found to be unlawful, void, invalid, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, the unenforceable provision shall be deemed severed from these Terms. The remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

30. Waiver

The failure of She Plays to exercise or enforce any right or provision of these Terms shall not constitute a present or future waiver of that right or provision.

Any waiver by She Plays must be in writing and signed by an authorized representative of She Plays to be effective.

31. Entire Agreement

These Terms, together with the Return and Refund Policy, available at [INSERT RETURN POLICY URL], the Privacy Policy, available at [INSERT PRIVACY POLICY URL], and any other policies or operating rules posted by She Plays on the Website or incorporated by reference, constitute the entire agreement between you and She Plays with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, representations, and proposals, whether oral or written, between you and She Plays concerning the Website or Services.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

32. Assignment

You may not assign, transfer, delegate, or otherwise dispose of these Terms or any of your rights or obligations under these Terms without She Plays’ prior written consent. Any purported assignment in violation of this Section is null and void.

She Plays may freely assign, transfer, or delegate these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, reorganization, sale of all or substantially all of its assets, change of control, financing, or other corporate transaction. These Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.

33. Force Majeure

She Plays shall not be liable for any delay, failure, or interruption in performance of its obligations under these Terms resulting from events or circumstances beyond its reasonable control, including without limitation acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, labor disputes or strikes, supply chain disruptions, carrier or fulfillment partner failures, cyberattacks, power failures, internet disruptions, payment processor outages, governmental actions, war, terrorism, civil unrest, or other force majeure events. She Plays will make commercially reasonable efforts to resume performance as soon as practicable following such an event.

34. Changes to These Terms

She Plays may update, modify, or replace these Terms at any time by posting the revised Terms on the Website. Revisions are effective as of the date posted unless a later effective date is expressly stated.

Your continued use of the Website after revised Terms are posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree to the revised Terms, you must discontinue use of the Website.

35. Contact Information

Questions about these Terms should be directed to:

help@sheplays.io
or

She Plays

PO Box 731733

Puyallup, WA 98373