Terms of Service
WELCOME TO IPLAY - THE PREMIER DESTINATION FOR CASUAL GAMING CONTENT AND SERVICES!
NOTICE TO UNITED STATES AND OTHER NON-EUROPEAN UNION RESIDENTS: By opening an account or signing up or accessing our Services, you are entering into an agreement with Iplay as managed by iWin Inc. (henceforth referred to as "Iplay"). IPLAY IS A UNITED STATES COMPANY, and as such the terms and conditions that apply to this service contain some references to United States law that may apply to you so please read them carefully.
NOTICE TO EUROPEAN UNION RESIDENTS: By opening an account or signing up or accessing our Services, you are entering into an agreement with Iplay Enterprises as managed by iWin Inc. (henceforth referred to as "Iplay"). The terms and conditions that apply to this service contain some references to the law of England and Wales that may apply to you so please read them carefully.
THESE TERMS OF SERVICE (AS AMENDED FROM TIME TO TIME) CONSTITUTE A LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU AND IPLAY or IPLAY ENTERPRISES, as stated above ("IPLAY").
IN ORDER TO ACCESS AND ENJOY OUR SERVICES, INCLUDING THE RELATED APPLICATIONS, CONTENT AND PRODUCTS, YOU MUST AGREE TO THESE TERMS OF SERVICE.
YOU AGREE TO ABIDE BY THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ANY APPLICABLE SOFTWARE LICENSES, AND ALL OF IPLAY'S RULES AND POLICIES. YOU MUST ACCEPT AND ABIDE BY THESE TERMS OF SERVICE AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND IPLAY MAY REFUSE YOU ACCESS TO THE SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
Important Safety Information
- To avoid muscle, joint or eye strain during video game play, you should always take frequent breaks from playing, and stop and take a longer rest if your eyes, hands, wrists, or arms become tired or sore or you feel any other discomfort.
- A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop playing immediately and see a doctor if these or similar symptoms occur during game play. Parents should monitor their children’s video game play for signs of symptoms.
No Property Rights
Assets or achievements may be made available to you in connection with your use of certain of our Services. These assets and achievements, which may include, but are not limited to, paid and free downloadable content, unlockable content, digital or virtual goods or currency, rights of use tied to digital or virtual tokens, registration keys, in-game achievements, and online characters or avatars, are made available under a limited license for your personal use in connection with the applicable Service. You do not acquire any property rights in these assets or achievements associated with your Account. Iplay may terminate your Account, any of the Services or the Site, and you may lose your user names, Service assets, profiles or avatars and related information and content without Iplay incurring any liability to you.
1. Iplay's Services
Iplay provides software applications for mobile and Internet platforms ("Applications") to enable users to access Internet websites (including social networking and gaming websites) and Iplay’s gaming network ("Sites") and share, play and purchase (as applicable) digital content, such as games and software ("Products") (all of the foregoing, collectively, the "Services"), under certain terms and conditions as set forth in this Agreement.
2. Age requirements for use of the Services
The Services are available only for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these terms and conditions.
3. User Account, Security and Access Codes
1. Account and Password.
Certain Services require user registration and the creation of a user account ("Account"), including the creation of a password to access that Account. If you create an Account, you agree to provide accurate, current, and complete information during registration and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. You may change or update Registration Data by signing into the Site and clicking on ”My Account”, accessible from the top navigation section of the home page and many other pages of the Site. Iplay may terminate your rights to any or all of the Services if any information you provide is false, inaccurate or incomplete. You agree that Iplay may store and use the Registration Data you provide for use in maintaining your accounts and billing you for any applicable fees. Iplay reserves the right to limit the number of accounts a user may establish.
You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Iplay of any unauthorized use of your Account or any other breach of security. Iplay shall not be responsible for any losses arising out of the unauthorized use of your Account. Iplay and its licensors reserve the right to disable any password that it or they believe has been disclosed in violation of this Agreement.
You understand that the Sites, Services, and products obtained through the Services, such as games and software ("Products"), include a security framework using technology that protects the digital content ("Security Framework"). You agree to comply with such Security Framework, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Security Framework for any reason whatsoever. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
3. Access Codes.
In connection with the Sites, Products or Services you may be provided with an alphanumeric access or registration key, code or similar information ("Access Code") used to unlock or otherwise access content or software functionality. Unless expressly stated otherwise, such Access Code is provided to you for your personal use only and may not to be transferred, made public or otherwise disclosed without the express prior written consent of Iplay or the applicable content or service provider. Iplay and its licensors reserve the right to disable any Access Code that it or they believe has been disclosed in violation of this Agreement. When you purchase a downloadable game from the Site, you are entitled to install the game on your personal machine for two years from date of purchase. Any subsequent installations or compensation for games removed from the website will be allowed at the sole discretion of Iplay.
4. Intellectual Property, Limited License and Prohibitions
1. Intellectual Property.
You agree that the Services, including but not limited to Sites, Products, software, graphics, audio clips, editorial content, trademarks, designs, look and feel of the foregoing, and all other audio and visual content and intellectual property in or accessed in connection with a Service ("Service Content") is, to the fullest extent possible, proprietary information and material owned by Iplay and/or its licensors, and protected by applicable intellectual property and other laws, including but not limited to copyright protections. You further agree that you will not use such Service Content in any way whatsoever except as expressly permitted.
You should assume that all Service Content and materials are protected by United States and other jurisdictions, copyright, trade dress, patent, and trademark laws, and other laws protecting intellectual property and related proprietary rights, as well as international conventions.
Unless otherwise specified, the trademarks, logos, and service marks (collectively the "Trademarks") appearing on this site are trademarks of Iplay, its affiliates and/or its partners or licensors. Nothing contained on the Site or in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right of use any Trademark displayed on the Site or Services without the written permission of Iplay or such third-party owner.
2. Limited License.
Subject to your compliance with the terms and conditions of this Agreement, Iplay grants you a limited, non-exclusive, non-transferable, non-sublicensable, license to use the Services to access, view, download and print, where applicable, any Service Content solely for your personal and non-commercial purposes.
The use of the Services or the Service Content is prohibited unless specifically permitted by this Agreement or specific permission is provided elsewhere in the applicable Service. No licenses or rights are granted to you, including by implication or otherwise, except for the licenses and rights expressly granted in this Agreement.
Iplay and its licensors reserve the right to change, suspend, remove, or disable access to the Services or any Service Content at any time without notice. In no event will Iplay be liable for the removal of or disabling of access to the Services or such content. Iplay may also impose limits on the use of or access to the Services, in any case and without notice or liability.
You agree not to engage in the following conduct ("Prohibited Conduct"): You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Service Content, except as expressly permitted in this Agreement.
YOU AGREE NOT TO DO ANY OF THE FOLLOWING WHILE USING THE SITES OR SERVICES:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material, or take any action that: (i) infringes, misappropriates or violates a third party,s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances); or (viii) is otherwise disruptive to or interferes with the general use or enjoyment of the Services by others;
- Post or send any confidential or proprietary materials to the Sites or Service;
- Modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or Service Content, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity;
- Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Iplay’s name, any Iplay trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Iplay’s express written consent;
- Access, tamper with, or use non-public areas of the Site or Services, Iplay’s computer systems, or the technical delivery systems of Iplay’s providers;
- Attempt to probe, scan, or test the vulnerability of any Iplay system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Iplay or any of Iplay’s providers or any other third party to protect the Site, Services or Service Content;
- Attempt to access or search the Site, Services or Service Content or download Service Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Iplay or other generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox or Google Chrome);
- Remove any proprietary notices or labels on the Site or Services;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing an Iplay trademark, logo URL or product name without Iplay’s express written consent;
- Use the Site, Services or Service Content for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Service Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Service Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing a Site or Service;
- Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
- Exploit any bug in the Services or in any Iplay product to gain unfair advantage in the games or programs or communicate the existence of any such bug (directly or indirectly) to any other users of the Services;
- Impersonate or misrepresent your affiliation with any person or entity;
- Attempt to get a password, account information, or other private information from anyone else on a Site or Service;
- Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
You must also obey all local, state, federal, and national laws, regulations and rules that apply to your activities when you use the Services. Iplay reserves the right to terminate your Account and prevent your use of any and all Services if your Account is used to engage in illegal activity or to violate this Agreement. Iplay shall have the right to investigate and prosecute violations of the above, to the fullest extent of the law. Iplay may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
5. Materials Published by You and other Third Parties: Representations and Warranties, and License
The Sites and Services may offer interactive features that allow you and other users to, among other things, submit or post information, materials or links to third party content on areas of the Sites and Services accessible and viewable by other users of the Sites and Services and the public. You represent, warrant and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, you may be held liable for any content that you post, and you shall not violate any of the prohibitions of this Agreement.
You must have the legal right to upload content to the Site or Services. You may not upload or post any content on the Site or Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that content. By submitting any content on the Site or Services you represent and warrant that you have all necessary rights and are in compliance with the foregoing.
You further agree, represent and warrant that you shall provide accurate and complete information in connection with your submission or posting of any information or materials on the Sites or Services.
Iplay reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. Iplay has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Sites or Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Iplay in its sole discretion deems appropriate.
You expressly grant to Iplay a non-exclusive, perpetual, transferable, sub-licensable, worldwide, royalty-free, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment, attribution or any other kind of obligation to you or any third party. You grant Iplay all licenses, consents and clearances to enable Iplay to use such content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such content.
6. Access to Material through the Services
You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. Nevertheless, you agree to use the Services at your sole risk and that Iplay shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. The Services may include materials from third parties or links to certain third-party web sites, including social networking sites, advertisers and other content providers. You acknowledge and agree that Iplay makes no representations with regard to such third-party materials or websites and is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Iplay does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you and you are solely responsible and liable for any interactions you may have with them, their sponsors or other third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Iplay is not in any way responsible for any such use by you.
7. Agreement to Pay; Electronic Submissions
You agree to pay for all Products you purchase through the Services. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING A VALID CREDIT CARD OR OTHER PAYMENT DETAILS FOR PAYMENT OF ALL FEES. Prices and availability of any Products are subject to change at any time. Your use of the Services may include the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE AND THROUGH THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
8. Changes to this Agreement, and Changes or Termination of Services
Iplay reserves the right at any time and from time to time to (i) update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of any Site or Service; (ii) make changes to any Site or Service; (iii) eliminate or discontinue any content or feature; (iv) change the fees, charges or other financial conditions for any Site or Service or (v) terminate any Site or Service in its entirety.
Notice of any such changes may be provided by means including, without limitation, posting through the Site or Service or communication via email. After notice of any changes, updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") is provided to you, such Additional Terms to the Agreement or your Account will be effective seven (7) days from the date of sending or posting the notice. Your continued activity in any Account will be deemed acceptance of such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
9. System Requirements
Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades at any time and from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to use the Services may be affected by the performance of these factors, which are outside Iplay’s control. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed at any time and from time to time, are your responsibility. Notwithstanding anything else, no purchase or obtaining of any product shall be construed to represent or guarantee you access to the Services.
IMPORTANT: IPLAY MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. IPLAY RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR ANY DAMAGE OR LOSS CAUSED BY THESE CHANGES.
10. Transactions through the Service
Your purchase of Products and other transactions made through the Services are subject to any end-user agreements or other terms and conditions required for use of such products. It is your obligation to understand the applicable terms of sale or other agreements for any transactions that you undertake through the Services. Iplay makes no representations with regard to any terms of sale or other agreements for any third parties.
Termination by Iplay.
Iplay may immediately terminate your access to the Services and Account(s) (and access to all related entitlements) without notice to you if it believes, in its sole discretion, that you have (i) violated this Agreement, including but not limited to failure to make payment of fees due, failure to provide Iplay with a valid method of payment or with accurate and complete Registration Data, failure to safeguard your Account information, engaging in Prohibited Conduct, violation of the Security Framework or any license to the software, or infringement or other violation of third parties' rights, (ii) made illegal or improper use of the Services or your Account, (iii) made illegal or improper use of any of Iplay’s services or products or of Iplay’s or any third-party’s intellectual property, or (iv) otherwise violated any laws or regulations. Iplay may also immediately terminate your account if your Account has been deemed inactive by Iplay due to non-use or upon request by law enforcement or other government or regulatory authorities. Iplay may terminate your Account if necessary or appropriate, in Iplay’s sole discretion, such action is required for technical reasons. Notice of such immediate termination may be contemporaneous with the termination, and prior notice shall not be required from Iplay.
Iplay’s termination of this Agreement as between you and Iplay is in addition to any other remedies that Iplay may have in law or in equity with regard to your use of the Services, your Account or in connection with any of the Service Content. You may lose your user names, profiles or avatars and related digital or virtual assets, achievements, entitlements, information and content as a result of Account termination. If you have more than one Account, Iplay may terminate all of your Accounts and all related assets, achievements and entitlements. Iplay may issue you a warning, at its sole discretion. You acknowledge that Iplay is not required to provide you notice before terminating your Account(s) or issue any warning. If Iplay terminates your Account, you may not participate in the Services again without Iplay's express permission.
If your Account, or a particular portion of your Account, is terminated, you will not be entitled to any form of refund or other reimbursement, including for any fees you have paid, or online time or other entitlements acquired (e.g., tokens or credits in an online game or Service) and you will have no further access to your Account or entitlements associated with your Account or the particular Service (such as points, tokens, credits or other digital or virtual assets).
Termination of this Agreement shall not release you from any obligation that you may have with any third party for any Products or services purchased through the Service. Iplay reserves the right to collect fees, surcharges or costs incurred before termination of your Account.
2. Termination of the Service.
Iplay reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and Iplay will not be liable to you or to any third party should it exercise such rights. If the Services are modified, suspended, or discontinued, you will not be entitled to any form of refund or other reimbursement, including for any fees you have paid, or online time or other credits acquired (e.g., credits or tokens in an online game).
12. Cancellation of Your Account
You have the right to cancel your Account at any time. Upon cancellation, your Account will no longer be accessible. If you do not agree to the terms in this Agreement, as it may be amended by Iplay at any time and from time to time, your recourse is to cancel your Account. Unless the laws of England and Wales apply to you, you understand and agree that the cancellation of your Account and not using the Services is your sole right and remedy with respect to any dispute with Iplay, including any dispute related to, or arising out of: (1) any term of this Agreement or Iplay’s enforcement or application of this Agreement; (2) the Service Content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for the Services or Sites.
Any suspension, termination or cancellation will not affect your obligations to Iplay under this Agreement (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. Iplay reserves the right to collect fees, surcharges or costs incurred before you canceled your Account. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Iplay must be settled before you establish a new Account.
13. Enforcement of These Terms
Iplay reserves the right to takes steps Iplay believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Iplay’s right to cooperate with any legal process relating to your use of the Services and Service Content and/or a third party claim that your use of the foregoing is unlawful and/or infringes such third party's rights). You agree that Iplay has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Iplay believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Iplay’s right to cooperate with any legal process relating to your use of the Services and Service Content and/or a third party claim that your use of the foregoing is unlawful and/or infringes such third party's rights).
14. Disclaimer of Warranties; Liability Limitations
- IPLAY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND IPLAY DISCLAIMS ANY LIABILITY RELATING THERETO. Iplay assumes no responsibility, and shall not be liable, for any damages to your computer equipment or other property on account of your access to, use of, or browsing the Sites, use of the services, or your downloading of any Content from the Services.
- YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU IN CONNECTION WITH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY IPLAY) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY OR MAY BE LIMITED IF THE LAW OF ENGLAND AND WALES APPLIES TO YOU OR IF SUCH EXCLUSIONS AND LIMITATIONS ARE NOT ALLOWED OR OTHERWISE LIMITED UNDER THE LAW OF ANOTHER JURISDICTION APPLICABLE TO YOU.
- IN NO CASE SHALL IPLAY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, VENDORS OR LICENSORS (COLLECTIVELY, "IPLAY AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO IPLAY FOR IPLAY SERVICES. IN NO CASE SHALL IPLAY AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, IPLAY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- IPLAY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND IPLAY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- YOU AGREE THAT IPLAY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE OR LIABILITY TO YOU.
- YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED. IPLAY SHALL NOT BE OBLIGATED TO REPLACE ANY PRODUCT THAT YOU HAVE LOST, DESTROYED OR DELETED, FOR ANY REASON.
- MANY OF THE SITES AND SERVICES ARE BRANDED BY THIRD PARTIES AND OFFER THIRD-PARTY CONTENT, PRODUCTS AND SERVICES. IPLAY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED IN CONNECTION WITH THE SERVICE OR ANY OF THE SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH CONTENT, PRODUCTS OR SERVICES.
1. Waiver and Indemnity
BY USING THE SERVICE, YOU AGREE TO HOLD IPLAY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY IPLAY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM IPLAY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF IPLAY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
THE FOLLOWING PROVISIONS MAY NOT APPLY, OR MAY BE LIMITED, WITH RESPECT TO THOSE WHOSE GOVERNING LAW IS THE LAW OF ENGLAND AND WALES.
Upon Iplay's request, you agree to defend, indemnify and hold harmless Iplay and Iplay Affiliates, and their respective employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from (i) a breach of this Agreement or any other terms of service or Rules of Conduct with regard to any of the Services for which you are responsible or (ii) in connection with your distribution of any Content on or through the Services. If you fail to defend Iplay, after reasonable notice, Iplay may assume the defense and control of any matter subject to indemnification by you, which defense shall still be at your expense, including attorneys, fees. Iplay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Without limiting the generality of the foregoing, you agree to indemnify and hold Iplay harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of the Services and for all of your communication and activity on the Services or through your Account, including any Content you contribute, and that you will indemnify and hold harmless Iplay and Iplay Affiliates, from any liability or damages arising from your conduct on the Services, including any Content that you contribute or any activities on your Account.
This Section shall survive termination of this Agreement AND SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Iplay may provide additional rules of participation for certain contests through or in connection with the Services ("Rules of Participation"). This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation shall govern.
You consent to the use of: (i) electronic means to complete this Agreement and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to this Agreement or your use of the Site or Services. Any notices or other communications permitted to required hereunder, including those regarding modifications to this Agreement, will be in writing and given: (a) by Iplay via email (in each case to the address that you provide), (b) by posting through the Services or (c) by sending a letter via postal mail to the contact address listed in your Iplay Account contact information. Notices shall be effective immediately if sent or posted electronically, or (4) four business days after sending if sent via postal mail.
4. Export Control Laws
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Services or any Site any data, software or content that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
By downloading Products (including software) from Iplay, you warrant that you are not located in any country, and you are not exporting such Products to any person or place, to which the United States or the European Union has embargoed goods.
5. Governing Law
If you reside in a member state of the European Union: (i) the laws of England and Wales, excluding its conflicts-of-law rules, govern this Agreement and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with Iplay or relating in any way to your Account(s) or your use of the Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving Iplay or Iplay’s partners, affiliates, licensors or providers. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with Iplay, arising out of or relating in any way to your Account(s) or your use of the Services resides in the federal and state courts located in the State of California in the United States, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Iplay or Iplay’s partners, affiliates, licensors or providers. You further agree to waive any objection you may have now or hereafter to the venue of any suit brought pursuant to either clause (ii) above, and you agree to accept service of process pursuant to personal delivery, a recognized courier service (e.g., FedEx or DHL), or registered mail, postage prepaid, return receipt requested.
This Agreement constitutes the entire agreement between you and Iplay and governs your use of the Services, superseding any prior agreements between you and Iplay. You also may be subject to additional terms and conditions that may apply when you obtain Products, register for Sites, or use third-party services, third-party content, or third-party software. If there is any conflict between this Agreement any other rules or instructions posted on a Service, to the extent this Agreement does not address such conflict, Iplay shall resolve the conflict in its sole discretion. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of Iplay, and the remaining portions shall remain in full force and effect. Iplay’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Iplay will not be responsible for failures to fulfill any obligations due to causes beyond its control.
7. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Services infringes their rights under U.S. copyright law. If you believe in good faith that material hosted by Iplay or one of its subsidiaries infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent to General Counsel, Iplay, email: email@example.com, with a copy faxed to (415) 590-2705. Please be aware that there can be penalties for false claims under the DMCA.
8. Notice to California Residents
Please note that (a) Iplay is located at 114 Sansome Street, Suite 700, San Francisco, CA 94104, (b) the services are currently free, however, there may be features which require payment, and any fees and charges for the services or features may vary depending upon options selected by you, and (c) if you have a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Those provisions whose terms by implication, use and context are intended to survive termination of this Agreement shall survive termination of this Agreement.
Last updated: August 28, 2013