This Terms & Conditions Agreement (“Agreement”) is a legal document that explains your rights and obligations as a purchaser/subscriber. Please read it carefully before making any purchases or interactions with Play-Em’s website and services.
TERMS & CONDITIONS OF USE
Please read these Terms & Conditions of Use carefully before using this website. By using this website and Play-Em’s (collectively, “Services”) which include the purchase of games and subscriptions and any related merchandise to the website and Play-Em or use of Live Help and customer support (“Support”) and Play-Em’s message board (“Forums”), you signify your agreement with these Terms & Conditions of Use. If you do not agree with any of the below Terms & Conditions of Use, do not use this site. Play-Em reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms & Conditions of Use at any time. By using this website after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.
REGISTRATION AND ACTIVATION
Play-Em is an online video games service (“Play-Em”) hosted at http://www.Play-Em.com.
You become a subscriber of Play-Em (“Subscriber”) by completing the Play-Em registration process. Additionally, as a Subscriber you may obtain access to certain services, software and content (“Subscriptions”) available to Subscribers. Conclusion of this contract between Play-Em and you takes place as soon as you register an account and accept the Terms & Conditions of this Agreement. Persons under the age of 18 must have parental consent in order to establish an account with Play-Em. Accounts found to be created by minors without parental consent will be removed immediately and deny Play-Em will deny all responsibility related to the minor’s actions. Please read the Parental Disclaimer on further information for minors with accounts with Play-Em.
Unless you are a Third Party Play-Em Licensee to which Play-Em’s Services are distributed at an established site under a separate license agreement, this Agreement does not allow you to exploit the Play-Em website or any of its parts for any commercial purpose including, but not limited to, use at a Cybercafe, computer gaming center or any other location-based site. A “Cybercafe” is a physical establishment in which computer stations are made available for use by customers.
When you complete Play-Em’s registration process, you create a Play-Em account (“Account”). Your Account may also include billing information you provide to us for the purchase of Subscriptions or individual game purchases. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on Play-Em that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account.
BILLING AND PAYMENTS
Play-Em offers games and subscriptions for game rentals. All fees are stated in U.S. dollars unless otherwise specified.
A. Payment by Credit Card.
When you provide credit card information to Play-Em, you represent to Play-Em and PayPal (or other credit card merchant) that you are the authorized user of the credit card that is used to pay for game purchases or Subscriptions or other fees and authorize Play-Em or Paypal to charge your credit card for any game purchases or Subscriptions or other fees incurred by you. For recurring monthly Subscriptions, each month that you use such Subscription(s), you agree and reaffirm that Play-Em or Paypal is authorized to charge your credit card for the Subscription fee. You agree to notify Play-Em promptly of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to notify Play-Em promptly if your credit card expires or is canceled for any reason.
B. Charges to Your Credit Card.
ALL PLAY-EM FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Play-Em reserves the right to change our fees or billing methods at any time and Play-Em will provide notice of any such change at least thirty (30) days advance. All changes will be posted as amendments to this Agreement or in the Rules of Use and you are responsible for reviewing the billing section of Play-Em to obtain timely notice of such changes. Your non-cancellation of your Account or an affected Subscription thirty (30) days after posting of the changes on Play-Em means that you accept such changes. If any change is unacceptable to you, you may cancel your Account or a particular Subscription at any time as described below, but Play-Em will not refund any fees that may have accrued to your Account before cancellation of your Account or Subscription, and Play-Em will not prorate fees for any cancellation. If your use of Play-Em and its Services is subject to any type of use or sales tax, then Play-Em may also charge you for any such taxes, in addition to the game purchase or Subscription or other fees published in the Rules of Use.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. Information on how to cancel your Account or a particular Subscription can be found at http://www.Play-Em.com under the Contact Us page. Play-Em reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular Subscription. In the event that your Account or a particular game or subscription is terminated or canceled, no refund, including any Subscription fees, will be granted. Any delinquent or unpaid Accounts must be settled before Play-Em will allow you to register again.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Play-Em in Burbank, CA 91504. The Play-em trademark and related logo are property of Play-Em. All Rights Reserved. All other material on this site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by Play-Em, its parent or its affiliates, or by other parties that have licensed their material to Play-Em. You may use material from this site and other sites controlled by Play-Em only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization. The use of any such material on any other Web site or networked computer environment, unless expressly authorized, is prohibited.
Play-Em denies any accountability for minors that use this website, a legal guardian or parent’s permission is required for account activation and registration. Games, Services, and Forums on Play-Em’s website may include content that is meant for mature audiences, and will not assume responsibility for content viewed or played by minors with or without parental consent. Play-Em respects the rights of parents and legal guardians to decide on what content minors can have access to and provides warnings and disclaimers to areas of the website that may contain mature content. Play-Em assumes no responsibility whatsoever for minors that view and partake in online content provided by Play-Em’s Services, Forums, or Games. Support staff will only communicate with minors that have parental consent for assistance related to Play-Em’s Services and customer support. Play-Em advises all parents/legal guardians to monitor their children’s activity while on Play-Em to ensure an enjoyable experience using Play-Em’s Services. Any content submitted by minors with or without parental consent, falls under the terms of this Agreement under the Email, Forums and Other Submissions section and will not be held accountable by Play-Em, its licensors, or affiliates.
THIRD PARTY LINKS
E-MAIL, FORUMS AND OTHER SUBMISSIONS
Play-Em is not responsible for any material posted on our Forums. Play-Em reserves the right to edit or delete material submitted to the Forums, but does not assume any obligation to do so. You agree that you will not submit or otherwise publish through our Forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone’s copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to indemnify Play-Em and its officers, directors, employees, agents, distributors, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the agreements, representations, and warranties set forth in this Terms & Conditions of Use.
Please read this carefully before using any of Play-Em’s Forums, including without limitation any chat, challenge, message boards, or instant messaging services offered within the Play-Em subscription service. By using Play-Em’s Forums, you signify your agreement with the Terms & Conditions of Use. If you do not agree with any aspect of the terms of this Agreement, do not use Play-Em’s Forum. Play-Em reserves the right, in its sole discretion, to modify, alter or otherwise update this agreement at any time. Changes and/or modifications shall become effective immediately upon the posting on the Play-Em Website, www.Play-Em.com, or within the Play-Em subscription service. Please review the terms and conditions of Play-Em periodically. Your continued use of Play-Em’s Forums following the posting of changes and/or modifications will constitute your acceptance of the terms and conditions.
1. Forum Conduct. You agree not to use the website, or the Play-Em games purchase or subscription service, including the Forums, (collectively, “Services”) in any way that violates the rights of others (including, but not limited to, copyrights and other intellectual property rights, and rights of privacy and publicity), or in any way that may give rise to liability for Play-Em, its affiliates, or their respective directors, officers, employees, agents, service providers, suppliers or licensors, including, without limitation, by creating, displaying or transmitting on or through the Services any content that may violate such rights of others or that may give rise to such liability.
(a) The following are examples of the types of content or use that are prohibited under the the Terms and Conditions of Use:
(b) Any access to, or use of, the Services or the computer systems used to provide the Services that are not in accordance with the express provisions of the terms and conditions is expressly unauthorized and prohibited.
(c) You must use the Services in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Services are not permitted.
(d) You may not engage in advertising to, or solicitation of, other members through the Services or the website to buy or sell any products or services. You may not include in your user profile any telephone numbers or street addresses. Although Play-Em cannot monitor the conduct of its members off the Services, in order to protect our members from unwarranted advertising or solicitation, Play-Em reserves the right to restrict the number of messages which a member may send to other members in any 24-hour period to a number which Play-Em deems appropriate in its sole discretion.
(f) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Play-Em shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services or the webite.
(g) It is possible that other registered members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Services and that you may be involuntarily exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about you due to your use of the Services, and that the recipient may use such information to harass or injure you. Play-Em does not approve of such unauthorized uses but by using the Services you acknowledge and agree that Play-Em is not responsible for the use of any personal information that you disclose on the Services. Please carefully select the type of information that you post or display on the Services.
2. User Content. You are responsible for any content, messages, opinions, ideas, photos, images, videos, profiles or other information that you create, transmit or display on or through the Services (collectively, “User Content”). By transmitting or displaying User Content on or through the Services, you grant Play-Em an irrevocable, perpetual, non-exclusive, worldwide right and license to use, reproduce, publicly perform, publicly display, distribute copies and create derivative works of the User Content in any media now known or hereafter devised, and to grant and authorize sublicenses under the foregoing right and license without any compensation to you. You represent and warrant that you own all copyrights and other intellectual property rights in the User Content, or otherwise have the right to grant the foregoing right and license. You agree that Play-Em may review, edit and delete any User Content which, in the sole judgment of Play-Em, violates this Agreement.
3. Creative Submissions/Communications. Play-Em does not accept or consider creative ideas, suggestions or materials other than those Play-Em has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by Play-Em or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit through the Services by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed, and shall remain the property of Play-Em. None of the Information shall be subject to any obligation on the part of Play-Em and Play-Em shall not be liable for any use or disclosure of any Information. Play-Em shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
5. Limitation on Liability. Play-Em is not responsible for any incorrect or inaccurate Content transmitted via the Services, whether caused by users or members or by any of the equipment or programming associated with or utilized in the Service. Play-Em is not responsible for the conduct, whether online or offline, of any user of the Services. Play-Em assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Play-Em is not responsible for any problems or technical malfunction of any telephone, cable or broadband lines, computer systems or software, servers or providers, computer equipment, failure of email, instant messaging services, or players on account of technical problems or traffic congestion on the Internet, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will Play-Em be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of or the Services, any Content transmitted to members, or any interactions between users of the Services or Subscribers, whether online or offline. Play-Em cannot guarantee and does not promise any specific results from use of Service. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER PLAY-EM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES, EVEN IF PLAY-EM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6. U.S. Export Controls. Software from these Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported into (or to a national or resident of) any country (whether recognized or not) to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7. Digital Millennium Copyright Act. Play-Em respects the rights of all copyright holders and in this regard, Play-Em has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Play-Em’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact the complaining party;
* A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact: http://www.Play-Em.com/terms-conditions/. Your failure to cancel your Account thirty (30) days after receiving notification of an amended Agreement will mean that you accept all such amendments. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or a particular Subscription.
TERMS AND TERMINATION
Either you or Play-Em has the right to terminate or cancel your Account or a particular Subscription at any time. You understand and agree that the cancellation of your Account or a particular Subscription is your sole right and remedy with respect to any dispute with Play-Em.
The terms of this Agreement (the “Terms”) will be effective as of the date that you register an account for a Play-Em Subscription or game purchase, or register with Play-Em’s Forums, and will continue in effect until otherwise terminated in accordance with this Agreement.
B. Termination by You.
Information on how to cancel your Account or a particular Play-Em Subscription or game purchase(s) can be found at Play-Em’s Contact Us page. Play-Em reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or a particular Subscription or game purchase(s). In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated or canceled by you, no refund, including any Subscription fees, will be granted. In the event that your Account or a particular Subscription is terminated or cancelled by Play-Em for a violation of this Agreement or improper or illegal activity, no refund, including any Subscription fees, will be granted.
C. Termination by Play-Em.
1. In the case of a recurring payment Subscription (e.g., a monthly subscription), in the event that Play-Em terminates or cancels your Account or a particular Subscription for convenience, Play-Em may, but is not obligated to, provide a prorated refund of any prepaid Subscription fees paid to Play-Em.
2. In the case of a one-time purchase of a product license (e.g., purchase of a single game) from Play-Em, Play-Em may choose to terminate or cancel your Subscription in its entirety or may terminate or cancel only a portion of the Subscription (e.g., access to the software via Play-Em) and Play-Em may, but is not obligated to, provide access (for a limited period of time) to the download of a stand-alone version of the software and content associated with such one-time purchase.
3. In the case of a any type of Subscription, Play-Em may choose to terminate or amend the terms of the Subscription as provided in the “Amendments to this Agreement” section above.
D. Survival of Terms.
All sections of this Agreement shall survive termination of Accounts and Subscriptions unless otherwise noted.
Unless otherwise specified, the materials in the Play-Em Web sites are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Play-Em from its offices within the State of California, United States of America. Play-Em makes no representation that material in Play-Em’s Web site is appropriate or available for use in other locations unless explicitly stated. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Play-Em bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Play-Em.