PLAY ETERNAL, LLC
LAST REVISION: APRIL 16, 2014
SPECIAL NOTE FOR PLAYETERNAL.COM VISITORS
1. License. PLAY ETERNAL grants you a revocable, personal, limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Services for non-commercial purposes. As between PLAY ETERNAL and you, title, ownership rights, and intellectual property rights in and to the Services and any derivatives or modifications thereof, in whole or in part, remain with PLAY ETERNAL. You understand that PLAY ETERNAL may modify or discontinue the Services or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Services except in PLAY ETERNAL’s sole discretion. You do not acquire any right, title or interest in any content on the Services by virtue of accessing the Services or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Services is granted to you by these TOU or otherwise. The trademarks, logos, service marks and business names displayed on the Services are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Services and any unauthorized reproduction, retransmission or other use of any part of the Services may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.
3. Limitations. In connection with your use of the Services, you will not, and will not allow any third party to:
a) Post or link to any material that contains:
- Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
- Obscene, defamatory, libelous, slanderous and/or unlawful content;
- Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
- Inflammatory religious content;
- Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
- Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
b) Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Services;
c) Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Services or any content contained therein;
d) Use the Services in any manner that could damage, disable, overburden, or impair the Services, PLAY ETERNAL or any other person or entity; or
e) Collect any information (including usernames and/or email addresses) about other users of the Services; create or transmit unwanted electronic communications to other users of the Services; or otherwise interfere with such users’ enjoyment of the Services.
Unless otherwise expressly authorized in these TOU or on the Services, you may not take any action to interfere with the Services or any other user’s use of the Services. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Services without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
You agree not to use the Services for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Services.
4. User Content. By posting, uploading, or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such user-submitted content, collectively, “User Content”) through or in connection with an Services, you grant to PLAY ETERNAL, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, publish, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. We may also use your name, likeness, and other identifiable information associated with your User Content.
You represent and warrant that: (a)You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Services; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by you does not violate the TOU, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Services.
You are solely responsible for the User Content that you post, store or upload through or in connection with the Services. PLAY ETERNAL does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Services; however, PLAY ETERNAL reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Services at any time and for any reason without notice. Without limiting the foregoing, PLAY ETERNAL may remove any User Content for any reason including content that in the sole judgment of PLAY ETERNAL violates the TOU, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. PLAY ETERNAL does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
5. Digital Millennium Copyright Act (“DMCA”) Notice. We are committed to complying with U.S. copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, you may not disseminate any material or content using the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our DMCA policy is available at WWW.PLAYETERNAL.COM/DMCA.
6. Limitation on Liability; Disclaimers. THE SERVICES, INCLUDING ALL CONTENT THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE SERVICES AT YOUR OWN RISK. PLAY ETERNAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLAY ETERNAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLAY ETERNAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE SERVICES. PLAY ETERNAL DOES NOT WARRANT THAT THE SERVICES OR SERVICES CONTENT OR THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT PLAY ETERNAL) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
PLAY ETERNAL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SERVICES. IN NO EVENT SHALL PLAY ETERNAL, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE SERVICES OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $5.00.
7. Indemnity. You agree that you will defend, indemnify and hold harmless PLAY ETERNAL, its parent, subsidiary and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Services of violation of these TOU, including without limitation (i) all matters related to your access to and use of any PLAY ETERNAL applications, games or online services, including, without limitation, your use of the Services, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Services caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.
8. Links to Other Sites. The Services may contain links to websites operated by or on behalf of PLAY ETERNAL, and your use of such websites is subject to the applicable policies of those websites. The Services, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. PLAY ETERNAL does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. PLAY ETERNAL encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at your own risk.
9. Termination. PLAY ETERNAL reserves the right, at any time and in its sole discretion, to discontinue the use of the Services in whole or in part, and prevent any person or entity from access to the Services. Upon termination for any reason, Sections 6 (Limitation on Liability; Disclaimers;), 7 (Indemnity) and 10 (Governing Law, Arbitration, and General), together with any licenses granted to PLAY ETERNAL hereunder, will survive.
10. Governing Law, Arbitration, and General Terms. These TOU, and your relationship with us under these TOU, shall be governed by the laws of the State of Pennsylvania without regard to its conflict or choice of laws provisions. A printed version of the TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and PLAY ETERNAL agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that the provisions in this paragraph will survive any termination of the Service.
By your access of and use of the Service you hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Agreement or any of the transactions contemplated herein or related to the Service or any contests or services thereon (including without limitation, statutory, equitable or tort claims) will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. PLAY ETERNAL will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us. You may send any notice to PLAY ETERNAL to the address listed below.
If the Dispute is not resolved through informal negotiations the Dispute (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in Philadelphia, Pennsylvania, using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Service shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
The parties agree that any arbitration shall be limited to the Dispute between you and PLAY ETERNAL individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If any provision in these TOU is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these TOU shall remain in effect.
No Assignment, Sublicense or Transfer.
You may not assign, sublicense, or transfer these TOU or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate these TOU.
These TOU set forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these TOU shall survive the expiration of these TOU including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under these TOU shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
Questions: Should you have any questions regarding these TOU you may contact us at:
Play Eternal, LLC
3 Angelica Drive
Avondale, Pennsylvania 19311