Last Updated March 12, 2015
Welcome to PlayPhone! As used in these terms and conditions of use ("Terms"), PlayPhone, we, us, or our refer to PlayPhone, and all of its subsidiaries.
We provide our users ("PlayPhone Users") with:
- applications for mobile platforms or devices, and web applications accessible on third-party social networking services ("SNS") (collectively, our mobile and web applications are referred to herein as "PlayPhone Applications")
- game publisher networks, crowd sourcing services and platforms ("Networks") in connection with PlayPhone Applications and Third-Party Mobile Applications (defined below)
- a portal for third-party publishers ("PlayPhone Developer Portal")
- web domains and subdomains, including PlayPhone.com(collectively, our "Site"), and web forums or messaging boards in PlayPhone Applications and our Sites (collectively, our "Forums"). Any and all of our PlayPhone Applications, Networks, PlayPhone Developer Portal, Sites and Forums are referred to herein as our "Services".
Please read these Terms carefully because they govern your access to and use of our Services and PlayPhone Content (defined below) and set forth the legally binding terms for your use of our Services and PlayPhone Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "SIGN UP" ,"CONTINUE", "AGREE" OR SIMILAR BUTTON WHERE APPLICABLE, OR BY ACCESSING OR USING OUR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR THROUGH OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER (DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES OR PLAYPHONE CONTENT.
Certain Services, and your access to or use of certain PlayPhone Content, may have different, Service-specific or PlayPhone Content-specific terms and conditions ("Rules") posted, or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Service-specific Rules or PlayPhone Content-specific Rules, the applicable Rules will take precedence with respect to your use of, or access to, such Service or PlayPhone Content. In addition, PlayPhone offers access to third-party mobile applications that utilize our Services (each, a "Third-Party Mobile Application"), which are designed by third-party publishers (each, a "Third-Party Publisher"). Access to, and use of, any Third-Party Mobile Application shall be governed by terms and conditions of use provided by the Third-Party Publisher of such Third-Party Mobile Application.
PlayPhone reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on or in our Services or otherwise provide you with notice of the modification. We will also update the Last Updated of these Terms. By continuing to access or use our Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
No Unlawful Or Prohibited Use
By using our Services, you represent and warrant to PlayPhone that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms.
Eligibility and Registration
In order to access certain features of our Services, and to post any User Content (defined below) on or via our Services, you must register to create either a PlayPhone account ("PlayPhone Account") and become a "Member."
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the Services, you represent that your legal guardian has read, understood, and agreed to these Terms. In registering for a PlayPhone Account, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
You may not register to create a PlayPhone Account, and you cannot hold a PlayPhone Account, if you are below the age of 14. In registering for a PlayPhone Account, you agree to prevent access to anyone under 14.
During the registration process, you may be required to provide certain information, including your phone number, email address, nametag, and/or username and password to establish your identity in the PlayPhone network. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. PlayPhone reserves the right to suspend or terminate your PlayPhone Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. If you are not a Member, you may only browse or use in limited ways those parts of our Services that are not limited to Members only.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your PlayPhone Account, and you agree to take sole responsibility for any activities or actions under your PlayPhone Account, whether or not you have authorized such activities or actions. You will immediately notify PlayPhone of any unauthorized use of your PlayPhone Account.
EVEN THOUGH WE USE THE WORD "YOUR" TO DESCRIBE AN PLAYPHONE ACCOUNT YOU REGISTERED FOR, YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PLAYPHONE ACCOUNT AT ALL, AND YOU FURTHER AGREE THAT ALL RIGHTS IN AND TO THE PLAYPHONE ACCOUNT ARE AND ALWAYS WILL BE OWNED BY AND INURE TO THE BENEFIT OF PLAYPHONE.
Interest in PlayPhone Developer Program
If you are interested and eligible to participate in PlayPhone's PlayPhone Developer Program, you may enter for registration as a developer ("Third-Party Mobile Application Developer") at the PlayPhone Developer Portal here; you must complete the registration process by providing us with current, complete, and accurate information as prompted in the registration process. On registration you understand that you, as a Third-Party Mobile Application Developer, will be entirely responsible for any and all activities that occur under any Third-Party Mobile Application Developer account ("Developer Account") provided to you.
Without limiting any rights that PlayPhone may have under any other agreement with you or at law, you agree
- to notify PlayPhone immediately of any unauthorized use of your Developer Account or any other breach of security;
- that PlayPhone will not be liable for any loss that you may incur as a result of someone else using your Developer Account, either with or without your knowledge;
- that you may be held liable for losses incurred by PlayPhone or another person due to someone else using your Developer Account; and (d) that you may not use anyone else's Developer Account at any time without first obtaining the permission of the Developer Account holder.
Certain types of content are made available on or through our Services
User Content means text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member on or via our Services.
PlayPhone Content means text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, PlayPhone or our licensors' trademarks and logos and other content made available by PlayPhone on or via our Services, including any Customizations but excluding User Content.
Customizations means the modifications, designs or enhancements to PlayPhone Content as a result of a Member's or a non-registered user's customization of a PlayPhone character using one of PlayPhone's interactive templates or design tools. For the avoidance of doubt, Customizations do not include User Content.
Our Services and PlayPhone Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, PlayPhone and our licensors exclusively own all right, title and interest in and to the Services and PlayPhone Content, including all associated Intellectual Property Rights, which shall include any patents and applications therefor, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights.
PlayPhone will exclusively own all right, title and interest in and to any Customizations and you hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or PlayPhone Content.
PlayPhone Content License
Subject to your compliance with these Terms, PlayPhone hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any PlayPhone Content solely for your personal and non-commercial purposes. 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 Services or PlayPhone Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by PlayPhone or its licensors, except for the licenses and rights expressly granted in these Terms.
By making available any User Content on or via our Services, you hereby grant to PlayPhone a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of our Services. PlayPhone does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to PlayPhone the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or PlayPhone's use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
No Infringing Use.
You will not use our Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
PlayPhone has adopted and implemented a Copyright Infringement Policy that, among other things, provides copyright protections consistent with the procedures established by the United States Digital Millennium Copyright Act.
Without any limitation of our other rights and remedies under these Terms and at law, our Copyright Infringement Policy provides for the termination in appropriate circumstances of the accounts of PlayPhone Users who are repeat infringers of the rights of copyright holders. Please see our Copyright Infringement Policy which is incorporated into and forms a part of these Terms.
Ratings, Comments & Feedback
You can rate and make comments about content made available on or through our Services ("Comments"). PlayPhone advises you to exercise caution and good judgment when leaving such Comments. We do not generally monitor, review or moderate your Comments. Once you complete and submit your Comments on or via our Services, you should not expect to be able to go back and edit your Comments, nor should you expect us to make modifications to, or deletions of, your Comments on your behalf. You should be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. Without limiting any other terms or conditions of these Terms, PlayPhone may, but is under no obligation to, monitor or censor Comments and disclaims any and all liability relating thereto. Notwithstanding the foregoing, PlayPhone does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services ("Feedback"). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of PlayPhone and you hereby irrevocably assign to PlayPhone and agree to irrevocably assign to PlayPhone all of your right, title, and interest in and to all Feedback, including without limitation all worldwide Intellectual Property Rights therein. Further, we are under no obligation to provide compensation for any Feedback. At PlayPhone's request and expense, you will execute documents and take such further acts as PlayPhone may reasonably request to assist PlayPhone to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections for the Feedback.
Virtual Currency and Virtual Goods
PlayPhone owns, has licensed, or otherwise has the rights to use and have used all PlayPhone Content that appears in the Services, including, but not limited to, virtual goods ("Virtual Goods") and virtual currency ("PlayCredits" or "Virtual Currency" or "Playpoints") appearing and originating in any PlayPhone Application or Third Party Mobile Application. Virtual Goods and Virtual Currency are proprietary to PlayPhone and its licensors, and are provided solely for your personal and entertainment use as per these Terms. The prices for and the amounts and kinds of Virtual Goods and Virtual Currency available may be changed at any time; Virtual Goods and Virtual Currency may also be discontinued without notice. Virtual Goods and Virtual Currency may only be used in PlayPhone Applications or Third Party Mobile Applications and have no real world value. By purchasing or receiving Virtual Goods and Virtual Currency all that you receive is a limited license to use them in PlayPhone Applications or Third Party Applications by these Terms or such other terms as may apply; Virtual Goods and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.
You cannot sell or transfer, or attempt to sell or transfer, Virtual Goods or Virtual Currency, except only that where allowed you can exchange Virtual Goods acquired using Virtual Currency for other user's Virtual Goods in PlayPhone's Applications or Third Party Mobile Applications so long as no money or anything of monetary value is paid for the Virtual Goods. PlayPhone does not provide refunds for Virtual Goods or Virtual Currency.
Orders & Payments
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the Services, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to these Terms.
You may purchase, with "real world" money, licenses to use Virtual Goods and Virtual Currency from PlayPhone, and you agree that all such purchases are final. If you order Virtual Goods or Virtual Currency from PlayPhone that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price; there are no other refunds.
You can order Virtual Goods and Virtual Currency from us by providing your billing information, confirming the particulars of your purchase, and re-affirming your agreement to these Terms. When you place an order, we may send you a confirming email containing details of ordered items. You should check those details for correctness and keep a copy for your records; we also keep records of such transactions. If you purchase Virtual Goods or Virtual Currency from a Third-Party Provider, you will be agreeing to the Third-Party Provider's terms concerning that purchase; we are not a party to those transactions.
Your orders to us for Virtual Goods and Virtual Currency are offers for those Virtual Goods or Virtual Currency, and if accepted by us will be immediately downloaded to your PlayPhone Account.
You expressly consent to the making available of Virtual Goods and Virtual Currency immediately upon acceptance by us of your order. If you reside in the European Union and you purchase virtual Goods and Virtual Currency from us, you have the right to withdraw from such purchases within 14 days of the date of purchase ("Cooling Off Period"); however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly consent to and understand that if you order Virtual Goods or Virtual Currency from us, your right of withdrawal is lost upon acceptance as our performance begins immediately on our acceptance.
You are responsible and will pay all fees and applicable taxes incurred by you or anyone using a PlayPhone Account registered to you.
Mobile Platform Providers and Third-Party Publishers
Mobile platform providers offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download PlayPhone Applications or Third-Party Mobile Applications from a virtual storefront or marketplace operated by your platform provider, please note that, in addition to complying with these Terms (and, with respect to Third Party Mobile Applications, the terms and conditions required by the applicable Third-Party Publisher), you must also comply with the terms and conditions of such virtual storefront or marketplace. For example, if you download an application via Google's Android Market, your use of the Android Market will be governed by, among other things, the Android Market Terms of Service and the Android Market Business and Program Policies. If you seek to return an application downloaded via the Android Market, please refer to the following link here.
For information regarding your mobile platform, please refer to information provided by your mobile platform provider for such provider's policies.
You acknowledge that PlayPhone is acting as an agent for Third-Party Publishers in connection with any and all licensing of Third-Party Mobile Applications. Although PlayPhone is not a party to any license between you and any Third-Party Publishers with respect to Third-Party Mobile Applications, you acknowledge and agree that PlayPhone is a third-party beneficiary of each such Third-Party Mobile Application's end user license agreement. You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Mobile Application, PlayPhone, as a third-party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce such license against you.
Interactions between Users
You are solely responsible for your interactions (including any disputes) with other PlayPhone Users. Even if we choose to offer report user, block user, or similar features on our Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Services and disclosing personal information to other PlayPhone Users. You agree to take reasonable precautions in all interactions with other PlayPhone Users, particularly if you decide to meet a PlayPhone User offline, or in person. Your use of our Services, PlayPhone Content, User Content and any other content made available through our Services is at your sole risk and discretion and PlayPhone hereby disclaims any and all liability to you or any third party relating thereto. PlayPhone reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with PlayPhone to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized PlayPhone representatives access to any password-protected portions of your PlayPhone Account.
You agree not to do any of the following while using our Services or PlayPhone Content:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
o infringes, misappropriates or violates a third party's Intellectual Property Rights, or rights of publicity or privacy;
o violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
o is fraudulent, false, misleading or deceptive;
o is defamatory, obscene, pornographic, vulgar or offensive;
o promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
o is violent or threatening or promotes violence or actions that are threatening to any other person; or
o 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).
- Use, display, mirror, frame or utilize framing techniques to enclose our Services, or any individual element or materials within our Services, PlayPhone's name, any PlayPhone or PlayPhone licensor's 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 PlayPhone's express written consent;
- Access, tamper with, or use non-public areas of our Services, PlayPhone's computer systems, or the technical delivery systems of PlayPhone's providers;
- Attempt to probe, scan, or test the vulnerability of any PlayPhone system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PlayPhone or any of PlayPhone's providers or any other third party (including another PlayPhone User) to protect our Services or PlayPhone Content;
- Attempt to access or search our Services or PlayPhone Content, or download PlayPhone Content from our 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 PlayPhone or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari or Opera);
- 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 a PlayPhone or PlayPhone licensor's trademark, logo URL or product name without PlayPhone's express written consent;
- Use our Services or PlayPhone Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way our Services or PlayPhone 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 our Services or PlayPhone Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Services;
- Collect or store any personally identifiable information from our Services, or from other users of our Services, without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Encourage or enable any other individual to do any of the foregoing;
- Post User content or take any action that infringes or violates the rights of another Member:
- Bully, harass or intimidate any Member of the Services;
- Solicit Member login credentials from another Member or collect User content or otherwise access the Services by automated means including but not limited to, bots, robots, spiders;
- Create an PlayPhone Account for anyone other than yourself;
- Use your Member profile for personal commercial gain;
- Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other Members, or modify or interfere with the Service;
- Abuse or exploit a bug, glitch or mechanism in the Service; or
- Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation.
PlayPhone will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and Services security issues, to the fullest extent of the law. PlayPhone may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that PlayPhone has no obligation to monitor your access to or use of our Services or PlayPhone Content, or to review or edit any User Content, but has the right to do so for the purpose of operating our Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. PlayPhone reserves the right, at any time and without prior notice, to remove or disable access to any User Content that PlayPhone, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to our Services.
We encourage PlayPhone Users to report any suspected misconduct or misuse of our Services by sending us an email to firstname.lastname@example.org.
Links and Third-Party Materials
Our Services may contain links to third-party websites or resources. You acknowledge and agree that PlayPhone is not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PlayPhone of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you elect to use our Services on mobile carrier networks, such carrier's normal billing rates will apply.
- In addition, certain content, products, and services available via our Services may include materials from third parties, including Third-Party Mobile Applications. You agree that PlayPhone is not responsible for examining or evaluating third-party content, or such content's accuracy, and PlayPhone does not warrant and will not have any liability or responsibility for any Third-Party Mobile Applications, or for any other materials, products, or services of third parties. You agree that you will not use any Third-Party Mobile Applications, or other third-party materials, in a manner that would infringe or violate the rights of any other party, and that PlayPhone is not in any way responsible for any such use by you.
Sweepstakes and Contests
PlayPhone may permit the offer of sweepstakes, contests and similar promotions (collectively, Promotions) through the Services. You should carefully review the rules (e.g., the Official Rules) of each Promotion in which you participate through the Services, as they may contain additional important information about PlayPhone's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules will control.
Termination of PlayPhone Accounts
Without limiting other remedies, PlayPhone may at any time suspend or terminate your PlayPhone Account and refuse to provide access to our Services if PlayPhone suspects or determines, in its own discretion, that you may have or there is a significant risk that you have:
- failed to comply with any provision of these Terms or any policies or Rules established by PlayPhone;
- engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, PlayPhone Users, PlayPhone or any other third parties or our Services; or
- infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, PlayPhone may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above.
You may terminate your PlayPhone Account at any time and for any reason by sending an email to email@example.com.
Effects of Termination, Suspension of Account
Upon termination of your PlayPhone Account for any reason by you or us, you will lose all access to such account. Terminated PlayPhone Accounts cannot be reinstated; any PlayPhone Account that may be registered by you after termination of a PlayPhone Account is a unique account.
If your PlayPhone Account is terminated for any reason by you or us, you understand and agree that any Virtual Goods to which you had access via your PlayPhone Account at the time of termination will be lost and no longer be available to you, and you will have no right to them.
If your PlayPhone Account is terminated for any reason by you or us, you understand and agree that PlayPhone may redeem and use the Virtual Currency in the PlayPhone Account at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency.
In addition, if there is no activity in your PlayPhone Account for 3 years (Inactive Account), you understand and agree that
- PlayPhone may redeem and use the Virtual Currency in the Inactive Account at such time for any purpose that it may choose, and that on the account becoming an Inactive Account you will have no right to that Virtual Currency; and
- any Virtual Goods to which you had access via the Inactive Account up to the account becoming an Inactive Account will be lost and no longer be available to you, and you will have no right to them.
YOU AGREE THAT PLAYPHONE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR, UNUSED VIRTUAL GOODS OR VIRTUAL CURRENCY IN AN INACTIVE ACCOUNT OR THAT WAS IN A TERMINATED PLAYPHONE ACCOUNT, NO MATTER HOW EITHER CAME ABOUT.
After any termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. PlayPhone will not be liable to you or any third party for termination of our Services or termination of your use of our Services. UPON ANY TERMINATION OR SUSPENSION OF YOUR PLAYPHONE ACCOUNT, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR SERVICES OR THAT WHICH IS RELATED TO YOUR PLAYPHONE ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, PlayPhone will have no obligation to maintain any information stored in our database related to your PlayPhone Account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to PlayPhone under these Terms (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.
OUR SERVICES, PLAYPHONE CONTENT AND USER CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PLAYPHONE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
PLAYPHONE MAKES NO WARRANTY THAT OUR SERVICES, PLAYPHONE CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PLAYPHONE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PLAYPHONE OR THROUGH OUR SERVICES, PLAYPHONE CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold PlayPhone, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to PlayPhone, your access to our Services or PlayPhone Content, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICES AND CONTENT THEREIN REMAINS WITH YOU. NEITHER PLAYPHONE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES OR PLAYPHONE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLAYPHONE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT PLAYPHONE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, PLAYPHONE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM OR THROUGH OUR SERVICES.
IN NO EVENT WILL PLAYPHONE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLAYPHONE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Trademarks & Other Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of PlayPhone or our licensors used in association with the Services are trademarks or registered trademarks of PlayPhone or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Jose, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between PlayPhone and you regarding our Services and PlayPhone Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PlayPhone and you regarding our Services and PlayPhone Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without PlayPhone's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. PlayPhone may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You consent to the use of:
- electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and
- electronic records to store information related to these Terms or your use of our Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given:
o by PlayPhone via email (in each case to the address that you provide) or
o by posting on or through our Services.
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of PlayPhone to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PlayPhone. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only and the English version shall govern to the extent of any inconsistency.
If you have any questions about these Terms, please contact PlayPhone at firstname.lastname@example.org.
PlayPhone's Designated Agent is:
Attn: Intellectual Property Agent
345 S. B Street, 2nd Floor
San Mateo, CA 94401