Terms of Service

Last updated: March 13, 2025

These Terms of Service Agreement (the "Terms of Service") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Woo Essentials, Inc. dba Woo More Play, located at 200 W 6th St. Ste 2660 Austin, TX 78701, and our subsidiaries and affiliates (“Woo More Play” “we” “us” “our”), in association with the use of the Woo More Play website located at https://woomoreplay.com/, as well as any other media form, media channel, or mobile website, linked, or otherwise connected thereto (the "Site"), and the e-commerce services and products provided by Woo More Play, such as the Woo More Play lubricants, vibrators, intimate wash, intimate wipes, travel packs, oils, and any other products introduced in the future (the “Products”) and related services (collectively with the Products, the “Services”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS OF SERVICE BEFORE PROCEEDING TO USE THIS SITE AND SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS OF SERVICE, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. 

Table of Contents

1. LICENSE

2. ELIGIBILITY

3. ACCOUNTS & REGISTRATION

4. PAYMENTS & AVAILABILITY; SUBSCRIPTIONS

5. YOUR USE OF THE SITE & SERVICES

6. YOUR USER CONTENT SUBMISSIONS

7. TERM; TERMINATION

8. PRODUCT INFORMATION

9. MODIFICATION

10. RETURNS & SHIPPING

11. INTELLECTUAL PROPERTY RIGHTS

12. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

13. INDEMNIFICATION

14. WARRANTY; DISCLAIMERS

15. LIMITATION OF LIABILITY

16. PRIVACY

17. LINKS

18. ARBITRATION

19. CHOICE OF LAW & FORUM

20. GENERAL TERMS

1. LICENSE.

   1. Woo More Play grants you a limited license to access and make personal use of the Site, Product, and Services for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Service.

2. ELIGIBILITY.

1. To use the Site and the Services, you must be at least 18 years of age and in good standing and not an individual that has been previously barred from receiving Woo More Play’s Services.

3. ACCOUNTS & REGISTRATION.

1. Any and all visitors to our Site, despite whether they are registered or not, shall be deemed as "users" of the Services provided for the purpose of these Terms of Service. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."

2. When you register an account with us, Woo More Play may collect information such as your name and e-mail address. You can edit your account information at any time.
   Furthermore, the registering party hereby acknowledges, understands and agrees to:

1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

3. By accessing the Services, you warrant that:

1. You are legally capable of entering into binding contracts;

2. Your use or purchase of the Services does not violate any applicable law or regulation.

4. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Woo More Play will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of these Terms of Service, and as such refuse any and all current or future use of Woo More Play Services, or any portion thereof.

5. When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) who access your account information that, if undertaken by you, would be deemed a violation of these Terms of Service. It shall be your responsibility to notify Woo More Play immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Woo More Play shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of these Terms of Service.

4. PAYMENTS & AVAILABILITY; SUBSCRIPTIONS.

1. All orders are subject to our acceptance or rejection based on Product availability, compliance with these Terms of Service, or any other reason as determined in our sole discretion. We reserve the right to reject or cancel any order that you place. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

2. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email and cancel the item from your order.

3. When ordering, it is your responsibility to ensure that all information submitted to Woo More Play is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order.

4. All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) FOR SUBSCRIPTION-BASED PURCHASES, AT THE BEGINNING OF THE SUBSCRIPTION AND, BECAUSE EACH SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL IT, AT THE TIME OF EACH RENEWAL UNTIL YOU CANCEL. You must cancel your subscription before it renews to avoid the billing of the fees for the next subscription period. YOU CAN CANCEL THE RENEWAL OF YOUR SUBSCRIPTION AT ANY TIME by logging into your account or contacting us by email at community@woomoreplay.com. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive Products ordered until the end of your current subscription period.

5. Prices may include local taxes. You are responsible for banking charges incurred due to payments on your account.

6. After you have made your Product selections and provided your shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method.

7. We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We may also at any time and from time to time, in our sole discretion, change or remove any of the pricing models in place.

8. Refunds are subject to the Woo More Play Refund Policy located at https://woomoreplay.com/pages/faq

9. Cancellations are subject to the Woo More Play Cancellation Policy located at https://woomoreplay.com/pages/faq

5. YOUR USE OF THE SITE & SERVICES.

1. In the access or use of the Site and Services, you must comply with these Terms of Services and the special warnings or instructions for access or use posted on the Site and Services. You must always act in accordance with the law and in good faith. It is strictly prohibited to use or contact the Site or Service to harass or disparage Woo More Play, its users, personnel, products or services. No unsolicited email (spam) may be directed to or through the Site or Services. Users may not use the Site or Services in order to upload, post, transmit, distribute, display, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; or (c) that is libelous, obscene, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene or is otherwise objectionable in Woo More Play’s sole determination. If you breach any of the obligations set forth in these Terms of Service (including our Privacy Policy), including by either your negligent or willful conduct, you shall be liable for all the losses and damages that this may cause to Woo More Play, our affiliates, partners or licensors.

2. You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. You may not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means.

3. The Services sold on the Site are for your personal use only. Unless you are an affiliate, you may not sell or resell any Services you purchase or receive from Woo More Play, including but not limited to our vibrator, or lubricant.

4. Descriptions of the Products contained within the Site shall not constitute product labeling. You should use the Products in accordance with the instructions contained on the cartons and labels found on those Products.

5. Furthermore, you agree not to make use of the Services for the purpose of:

1. impersonating any individual or entity, including, but not limited to, any Woo More Play officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

2. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

3. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;

4. uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or Services or of any related website, other websites, or the Internet; 

5. collecting or track the personal information of others; 

6. spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;

7. interfering with or disrupting the Site and Services, servers and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers.

6. YOUR USER CONTENT SUBMISSIONS.

1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, reviews, or other information regarding the Site or the Services ("User Content") provided by you to us are non-confidential and shall become our sole property. By submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this User Content for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such User Content, and you hereby warrant that any such User Content are original with you or that you have the right to submit such User Content. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your User Content.

2. You agree that you:

1. will not provide to us any User Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Woo More Play; 

2. that you will not post any User Content that contains personal information about any individual, violates any third party right, including but not limited to copyright, trademark, privacy, or other proprietary right; 

3. that you will not impersonate any person or organization, including without limitation, the personnel of Woo More Play, or misrepresent an affiliation with another person or organization; 

4. you will not post any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site or Service, or feature thereof. 

3. We have the right to refuse to pre-screen, post, reject, delete, reformat and edit all User Content, in our sole discretion.

7. TERM; TERMINATION.

1. These Terms of Service, as they may be updated from time to time, shall remain in effect for the entirety of the relationship between you and Woo More Play.

2. As a member of the Site, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to community@woomoreplay.com. As a member, you agree that Woo More Play may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

1. any breach or violation of these Terms of Service or any other incorporated agreement, regulation and/or guideline;

2. by way of requests from law enforcement or any other governmental agencies;

3. the discontinuance, alteration and/or material modification to our Services, or any part thereof;

4. unexpected technical or security issues and/or problems;

5. any extended periods of inactivity;

6. any engagement by you in any fraudulent or illegal activities; and/or

7. the nonpayment of any associated fees that may be owed by you in connection with your Services.

3. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

4. The termination of your account with Woo More Play may include any and/or all of the following:

1. the removal of any access to all or part of the Services offered within the Site;

2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

3. the barring of any further use of all or part of our Services.

8. PRODUCT INFORMATION.

1. The Services available on the Sites, including any samples Woo More Play may provide to you, are for your personal use only. Unless you are an affiliate, you may not sell or resell any Products you purchase or otherwise receive from Woo More Play. Woo More Play reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Service, as determined by Woo More Play in its sole discretion.

2. From time to time, we may provide summaries of or highlights from Product descriptions, the text of customer reviews (as defined below), and other information on the Site(s). Summaries are provided for convenience, but are not exhaustive representations of Product descriptions or full reviews.

3. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice. You should seek the advice of a physician or other qualified healthcare provider with any questions you have regarding medical needs.

4. While Woo More Play has tried to accurately display the colors of Products, the actual colors you see will depend on your screen and may not be accurate.

9. MODIFICATION.

1. Woo More Play shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

2. The user and/or member acknowledges and agrees that the Services provided and made available through our Site, are the sole property of Woo More Play. At its discretion, Woo More Play may offer additional Services and/or Products, or update, modify or revise any current content and Services, and these Terms of Service shall apply to any and all additional Services and/or Products and any and all updated, modified or revised Services unless otherwise stipulated. Woo More Play does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or Products. You, as the end user and/or member, acknowledge, accept and agree that Woo More Play shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or Products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of these Terms of Service and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

10. RETURNS & SHIPPING. Please review our Return Policy and Shipping Information located at https://woomoreplay.com/pages/faq which govern purchases you make using the Site and Services, and are hereby incorporated by reference.

11. INTELLECTUAL PROPERTY RIGHTS.

1. All content available on the Site and Services, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of Woo More Play, our affiliates, partners or licensors, and is protected by United States and international copyright laws.

2. The trademarks, logos, and service marks displayed on the Site and Services (collectively, the “Trademarks”) are the registered and unregistered marks of Woo More Play, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

3. Except as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our San Diego office at the address specified below.

12. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES.

1. With regards to appropriate circumstances and at its sole discretion, Woo More Play may disable and/or terminate the accounts of any user who violates these Terms of Service and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

3. A description of the location of the site which you allege has been infringing upon your work;

4. Your physical address, telephone number, and email address;

5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

2. The Woo More Play Agent for notice of claims of copyright or other intellectual property infringement can be contacted by email at community@woomoreplay.com or via mail to:

Woo Essentials Inc. Attn: Legal
200 W 6th St
Ste 2660
Austin, TX 78701

13. INDEMNIFICATION. All users and/or members herein agree to defend, indemnify, insure and hold harmless Woo More Play, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from: (a) your violation of these Terms of Service; (b) your violation of any law or rights of a third party, (including, without limitation, any copyright, property, or privacy rights); and (c) any claim that your User Content caused damage to a third party. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

14. WARRANTY; DISCLAIMERS.

1. WOO MORE PLAY IS PROVIDING THE SITES, THEIR CONTENTS, THE PRODUCTS, AND THE SERVICES ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE SERVICES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE SERVICES. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WOO MORE PLAY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN ADDITION, WOO MORE PLAY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE SERVICES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

15. LIMITATION OF LIABILITY 

1. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WOO MORE PLAY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR.

2. WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR THE SERVICES REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

1. 16. PRIVACY. Please review our Privacy Policy located at woomoreplay.com/pages/privacy-policy which governs your use of the Site and Services, and is hereby incorporated by reference. The Privacy Policy explains what information we collect, how we use it, and how we protect your privacy when you use the Site and Services. By using the Site and/or Services, you agree to the use of your data in accordance with our Privacy Policy. 

17. LINKS. 

1. Either Woo More Play or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Woo More Play shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

2. Furthermore, Shopify Inc. (“Shopify”) provides us with the online e-commerce platform that enables Woo More Play to sell the Services to you. Shopify’s terms of service can be found here: https://www.shopify.com/legal/terms.

18.      ARBITRATION.

1. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, AND CLASS ACTION WAIVER.

2. In the event of a dispute between the Parties, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, the Parties agree to make a good faith effort to resolve the dispute. In the event the Parties are not able to resolve any dispute between them then such dispute shall be resolved only by final and binding arbitration conducted in Los Angeles, California. Notwithstanding the above, mere Site visitors who have not purchased a Product or otherwise used the Services are not entitled to arbitration. The decisions of the arbitration shall be final and each party agrees to be bound by the arbitration board. 

3. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms of Service whether directly or indirectly.The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms of Service. 

4. Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each party’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Woo More Play agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. 

19. CHOICE OF LAW AND FORUM. It is at the mutual agreement of both you and Woo More Play with regard to these Terms of Service that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions.  If a court of competent jurisdiction determines that the arbitration provision contained in Section 16 above is unenforceable or not applicable as a matter of law, or this is a matter relating to intellectual property rights, you agree that any and all claims, causes of action and/or disputes, arising out of or relating to these Terms of Service, or the relationship between you and Woo More Play, shall be filed within the courts having jurisdiction within Los Angeles, California or the U.S. District Court located in said state. You and Woo More Play agree to submit to the jurisdiction of such courts and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

1. 20. GENERAL TERMS.

       1. ENTIRE AGREEMENT. These Terms of Service constitute the entire agreement between you and Woo More Play and shall govern the use of our Services, superseding any prior version of these Terms of Service between you and us with respect to Woo More Play Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Woo More Play Services, affiliate services, third-party content or third-party software.

       2. WAIVER AND SEVERABILITY OF TERMS. At any time, should Woo More Play fail to exercise or enforce any right or provision of these Terms of Service, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

       3. NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY. You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. 

       4. THIRD PARTY BENEFICIARIES. You herein acknowledge, understand, and agree, unless otherwise expressly provided in these Terms of Service, that there shall be no third-party beneficiaries to this agreement.

       5. FORCE MAJEURE. We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms Of Service if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

       6. NOTICE. Woo More Play may furnish you with notices, including those with regards to any changes to these Terms of Service, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Site Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of these Terms of Service by accessing our Services in an unauthorized manner. Your acceptance of these Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

       7. VIOLATIONS. Please report any and all violations of these Terms of Service to Woo More Play at community@woomoreplay.com or by mailing:

Woo Essentials Inc.
[Re: Privacy Compliance Officer]
200 W 6th St
Ste 2660
Austin, TX 78701

CHANGES TO THESE TERMS OF SERVICE. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site and/or Services after the date such revised Terms of Service are posted.