PlayScreen, LLC (“PlayScreen”) is pleased to provide its social games and other related services to you (i) via its website located at http://www.playscreen.com and any derivative, co-branded or successor site as PlayScreen may make available from time to time, (ii) via third party social networking sites, and/or (iii) via your mobile telephone or other mobile device (the “PlayScreen Service”).
1. GRANT OF LICENSE TO THE PLAYSCREEN SERVICE
During the term of this Agreement and subject to the terms and conditions set forth herein, PlayScreen grants to you a non-transferable, non-exclusive, non-sublicensable and revocable right and license to use the PlayScreen Service using a PlayScreen supported web browser or mobile device solely for your immediate personal, non-commercial use.
2. LIMITATIONS ON CASH PRIZES
In some cases, PlayScreen may offer games of skill that may be played to win cash prizes. These games of skill are games of pure skill and involve no chance element. PlayScreen’s games of skill may be played to win cash prizes only in the United States of America and only if you are at least eighteen (18) years old and are a legal resident of a jurisdiction in the United States of America where it is legally permissible to pay games of skill for real money. PlayScreen’s games of skill may not be played for cash prizes in the following states: Arizona, Arkansas, Colorado, Connecticut, Delaware, Illinois, Iowa, Louisiana, Maryland, Missouri, Ohio, Oregon and Vermont and such other states where such play is not legally permitted. If you use the PlayScreen Service for the purpose of playing any games of skill involving cash prizes while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Service, and subject to having your account terminated and your cash prizes may be voided at the sole discretion of PlayScreen.
3. REGISTRATION AND YOUR OBLIGATIONS
You may be asked to register or provide certain information in connection with your use of the PlayScreen Service. You agree to provide true, accurate, current and complete information about you and your use of the PlayScreen Service as prompted by the PlayScreen Service and other application forms and registration forms (such information being the “Registration Data”) and to promptly update such Registration Data after it changes. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or PlayScreen has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, PlayScreen has the right to suspend or terminate your access to and use of the PlayScreen Service and refuse any and all current or future use of the PlayScreen Service or any portion thereof.
4. ACCOUNTS AND YOUR OBLIGATIONS
To download, access and use the PlayScreen Service, you may be required to create an account and to select a unique user name and password in order to be able to access your account. You may also be required to create an account on the third party social networking sites (“TPS”) through which you access the PlayScreen Service or an account with the provider of your mobile telephone or other mobile device. You are solely responsible for the activity that occurs on your account, including without limitation, any uploads of User Submittals, whether or not in fact authorized by you. You are responsible for maintaining the confidentiality and security of your user name and password. If you have any reason to believe that there has been a breach of security regarding your user name or password, including without limitation, unauthorized use of your username or password, you must promptly notify PlayScreen or the applicable TPS or mobile telephone or device provider in writing and change your password on the PlayScreen Service or the applicable TPS or mobile telephone or device provider.
If you are less than thirteen (13) years old, you may not create an account or otherwise download, access or use the PlayScreen Service. You will monitor your account to restrict use by minors and will deny use by children under the age of thirteen (13) years. You shall be responsible for any and all use by minors in violation of this provision.
You represent and warrant to PlayScreen that:
(i) you shall not create more than one account per platform and TPS, at any given time;
(ii) you shall not create an account or use the PlayScreen Service if you are a convicted sex offender;
(iii) you will not submit or assist in submitting any material and/or software that may disrupt or interfere with the hardware or software operating the PlayScreen Service;
(iv) you shall not use your account to advertise, solicit or transmit any commercial advertisements, including without limitation, junk electronic mail and chain letters;
(v) you shall not use the PlayScreen Service for any illegal or fraudulent activity; and
(vi) you will not use the PlayScreen Service to submit or transmit abusive, offensive or disruptive material, including without limitation, spam, offensive sexual, religious, racial or gender related material, defamatory, libelous or threatening material, or any other material that is unlawful, encourages criminal conduct or is otherwise inappropriate.
5. ACCESS TO THE PLAYSCREEN SERVICE
You shall be responsible for obtaining access to the PlayScreen Service and for all equipment and other services necessary to access the PlayScreen Service and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider, TPS or mobile telephone or other device charges). You are responsible for all such charges associated with connecting you to the PlayScreen Service.
6. LICENSE GRANT LIMITATIONS
Except as otherwise set forth herein, you agree not to:
(i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the PlayScreen Service, or any part thereof;
(ii) copy, download or save the PlayScreen Service, or any part thereof, in any form;
(iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the PlayScreen Service, or any part thereof;
(iv) assign, sublicense, convey, transfer, gift, pledge as security or otherwise encumber the rights and licenses granted hereunder;
(v) use the PlayScreen Service in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary rights of PlayScreen, its third party suppliers or any other third party, or
(vi) solicit, attempt to solicit or otherwise collect any party’s personally identifiable information that is not publicly displayed on the PlayScreen Service under normal operations.
You agree not to access the PlayScreen Service by any means other than through the interface that is provided by PlayScreen or its agents for use in accessing the PlayScreen Service. Any other use of the PlayScreen Service other than as expressly set forth herein without PlayScreen’s prior written consent, which may be withheld in PlayScreen’s sole and absolute discretion, is strictly prohibited and all implied licenses are disclaimed.
7. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
You acknowledge and agree that PlayScreen and its suppliers own all right, title and interest in and to the PlayScreen Service and any and all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights therein (including without limitation, to any themes, objects, character names, stories, artwork and animations).
The “look and feel” of the PlayScreen Service, meaning, the structure, sequence and layout of the audiovisual components of the PlayScreen Service as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, the design for which was dictated by artistic and aesthetic considerations and not by utilitarian or mechanical ones, are also proprietary to PlayScreen and fully protected under U.S. and international copyright and trademark laws.
PlayScreen’s marks and logos, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of PlayScreen and may not be used or modified in any manner without the prior written consent of PlayScreen.
You acknowledge and agree that PlayScreen and its suppliers own all right, title and interest in and to the virtual goods and currency appearing or originating in the PlayScreen Service, whether earned in a game or purchased from PlayScreen. PlayScreen prohibits any transfers of virtual property outside the PlayScreen Service, and prohibits the sale, gift or trade in the real world of anything that appears or originates in the PlayScreen Service, unless otherwise expressly approved in writing by PlayScreen, in its sole discretion. Any such transfer or attempted transfer of virtual property is prohibited and void, and will subject your account to immediate termination. For purposes of clarity, you may not trade, exchange, sell or attempt to sell virtual currency and virtual goods for real world money or items of real world value outside of PlayScreen’s social games.
8. USER SUBMITTALS AND USER CONTENT
In connection with your use of the PlayScreen Service, you may be allowed to submit contributions, ideas, feedback, and suggestions about the PlayScreen Service, including without limitation, comments, notes, messages or other related communications (collectively, the “User Submittals”). In connection with your use of the PlayScreen Service, you may also be allowed to transmit videos, photographs, data, information, messages and other content (the “User Content”). You shall be solely responsible for your User Submittals and your User Content and the consequences of transmitting them via the PlayScreen Service.
You retain all of your ownership rights in and to the User Submittals and the associated intellectual property rights therein. However, subject to the terms and conditions set forth herein, you hereby grant to PlayScreen a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license to use, reproduce, sub-license through multiple tiers of sublicensees, create derivative works from, modify, publish, edit, translate, distribute, and publicly perform, execute, and display the User Submittal and any related intellectual property rights in any media or medium, or any form, format, or forum now known or hereafter developed for any legal purposes whatsoever.
You shall retain any ownership rights in and to the User Content and the associated intellectual property rights therein. However, subject to the terms and conditions set forth herein, you hereby grant to PlayScreen a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license to use the User Content to fulfill its obligations under these Terms of Service.
In connection with your User Submittals and your User Content, you represent and warrant that: (i) you own or have the necessary licenses and other rights to use and authorize PlayScreen to use the User Submittals and the User Content, and the associated patent, trademark, copyright, trade secret and other intellectual property and proprietary rights therein, in connection with the PlayScreen Service and these Terms of Service; and (ii) you have the written consent, release and/or permission of each identifiable individual person in the User Submittal and the User Content to use the name and likeness of such identifiable individual person to enable the inclusion and use of the User Submittal and the User Content via the PlayScreen Service in accordance with these Terms of Service.
You acknowledge and agree that PlayScreen is not responsible for pre-screening any User Content that is placed on or transmitted via the PlayScreen Service by any party other than PlayScreen, and you shall not rely on PlayScreen to ensure that such User Content is accurate, complete, current, or in compliance with any rule, regulation or law. PlayScreen shall have the right, but not the obligation, to refuse, edit or remove any User Content that PlayScreen, in its sole discretion and without prior notice, considers to be harmful, illegal, misleading, libelous or threatening material, offensive sexual, racial or gender related material, or otherwise offensive, disruptive or inappropriate material, or otherwise in violation of these Terms of Service.
The User Submittals and User Content transmitted via the PlayScreen Service shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by PlayScreen for any purpose whatsoever. PlayScreen does not endorse any User Submittal, User Content or any opinion, recommendation or advice expressed therein.
9. FEES AND PURCHASE ITEMS
In the PlayScreen Service, you may purchase, with real world currency, a non-exclusive, non-transferable, non-sublicensable right and license to use (i) virtual currency, including without limitation, virtual coins, tokens or points, all for use in PlayScreen social games, and (ii) virtual in-game items.
You can order virtual currency and virtual items by visiting the purchase page in PlayScreen’s social games, providing your billing information, confirming the details of your order and re-affirming your agreement, as applicable, to these Terms of Service. Your order represents an offer to us to purchase such license to the applicable virtual currency and virtual items which will be accepted by us when we make the virtual currency and virtual items available into your account on the PlayScreen Service or debit your credit card, whichever comes first. If you reside in the European Union and you purchase a product or service from PlayScreen, you have a right to withdraw from such purchase within seven (7) calendar days, commencing on the day after the date of your purchase (“Cooling Off Period”). However, you lose your right to withdraw if the performance of the service begins prior to the end of the Cooling Off Period.
You agree to pay all fees and applicable taxes incurred by your or anyone using your account. PlayScreen may revise the pricing for virtual currency and virtual items offered through the PlayScreen Service at any time. You acknowledge that PlayScreen is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual currency or virtual items when your account is closed, whether such closure was voluntary or involuntary.
10. LINKS TO OTHER SITES
Visitors to the PlayScreen Service should be aware that when they are on the PlayScreen Service, they could be directed to or connected to other web sites that are beyond our control, including without limitation, web-based social media services such as Facebook, Twitter and LinkedIn. There are several links to other web sites from the PlayScreen Service that take you outside our service. PlayScreen has no control over these web sites and is not responsible or liable for the policies, actions or content of such web sites. These web sites are linked only for your convenience and your access them at your own risk. We encourage you to review the terms of service and privacy policies available at these other web sites. You represent and warrant that you will comply with the terms of service and privacy policies of such other web sites. PlayScreen is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of or relating to any use, reference to or reliance on such information and any other dealings with such third parties.
You agree that PlayScreen, at its sole discretion, may terminate your access to and use of the PlayScreen Service, at any time and for any reason whatsoever, including without limitation, for lack of use or if PlayScreen believes, in its sole discretion, that you have violated or acted inconsistently with the letter or spirit of the terms and conditions of these Terms of Service. PlayScreen reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PlayScreen Service (or any part thereof) with or without notice. You agree that PlayScreen shall not be liable to you or to any third party for any modification, suspension or discontinuance of the PlayScreen Service.
You represent and warrant to PlayScreen that: (a) either: (i) you are at least 18 years old; or (ii) you are at least 13 years old but less than 18 years old and your legal guardian who is at least 18 years old has reviewed and agreed to the terms and conditions of these Terms of Service, and (b) you or your legal guardian, as applicable, have the authority and capacity to enter into these Terms of Service.
You further represent and warrant to PlayScreen that: (a) your use of the PlayScreen Service complies in all respects with all applicable laws, statutes, regulations, ordinances and other rules, including without limitation, Federal Trade Commission advertising guidelines; (b) the Registration Data and any other information provided to PlayScreen by you are truthful and accurate; and (c) the Registration Data, your User Submittals and your User Content do not infringe the intellectual property or proprietary rights, including without limitation, patents, copyrights, trademarks and trade secrets, of any third party.
You further represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to indemnify, defend and hold harmless PlayScreen, its employees, directors, officers, agents and its affiliates and suppliers from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or resulting from these Terms of Service or the PlayScreen Service including, but not limited to: (i) your breach of any representations, warranties or covenants set forth herein; (ii) your use of the PlayScreen Service; (iii) damage caused to any third party by your User Submittals and/or User Content, or (iv) your violation of any rights of any third party, including without limitation, any trademark, copyright, patent, trade secret or other intellectual property or proprietary rights. The provisions of this Section shall survive the termination of these Terms of Service and your access to the PlayScreen Service.
14. DISCLAIMER OF WARRANTIES
THE PLAYSCREEN SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU AGREE THAT YOUR USE OF THE PLAYSCREEN SERVICE SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYSCREEN AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR COMMON LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE AND NON-INFRINGEMENT. PLAYSCREEN AND ITS SUPPLIERS DO NOT WARRANT THAT THE PLAYSCREEN SERVICE WILL MEET YOUR REQUIREMENTS OR NEEDS, OR THAT THE PLAYSCREEN SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PLAYSCREEN SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS OR DEFECTS IN THE PLAYSCREEN SERVICE WILL BE CORRECTED. IF THIS EXCLUSION IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF THE LICENSE OF THE PLAYSCREEN SERVICE, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE PLAYSCREEN SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR PERSONAL INJURY OR PROPERTY DAMAGE THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
15. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLAYSCREEN, ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, USE, DATA, CONTENT, USER SUBMITTALS OR OTHER INTANGIBLE LOSSES, EVEN IF PLAYSCREEN, ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLAYSCREEN’S, ITS OFFICERS’, EMPLOYEES’, AGENTS’, AFFILIATES’ AND/OR ITS SUPPLIERS’ CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF SERVICE SHALL NOT EXCEED THE GREATER OF EITHER (I) THE FEES PAID BY YOU DURING THE SIX (6) MONTHS PRIOR TO THE INITIAL CLAIM, OR (II) TWO HUNDRED ($200.00 U.S.) DOLLARS.
If you believe that you have any right, title or interest in or to any materials or other information, including without limitation, User Submittals, User Content, data, images, video or any other information, and/or any intellectual property rights thereof (the “IP”), that is located within the PlayScreen Service without your prior consent, please provide to PlayScreen the following: (i) a description of such IP; (ii) details of where such IP is located within the PlayScreen Service; (iii) your name, address, telephone number and email address; and (iv) a statement executed by you that the information provided regarding such IP is truthful and accurate, that you have right, title or interest in or to such IP, and that you have a good faith belief that such IP is located within the PlayScreen Service without your prior consent. Please contact us by sending an email to firstname.lastname@example.org.
17. GOVERNING LAW.
THE PLAYSCREEN SERVICE IS CONTROLLED BY PLAYSCREEN FROM WITHIN THE UNITED STATES OF AMERICA, ALTHOUGH THE PLAYSCREEN SERVICE MAY BE ACCESSED AND USED THROUGHOUT THE WORLD. BY ACCESSING THE PLAYSCREEN SERVICE, YOU AND PLAYSCREEN EACH AGREE THAT THESE TERMS OF SERVICE AND THE RELATIONSHIP BETWEEN YOU AND PLAYSCREEN SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND OF THE UNITED STATES OF AMERICA, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS. YOU AND PLAYSCREEN AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND/OR FEDERAL COURTS LOCATED WITHIN THE STATE OF MARYLAND WITH RESPECT TO ANY DISPUTE RELATED TO THESE TERMS OF SERVICE.
18. ORDER OF PRECEDENCE.
These Terms of Service govern your use of and access to the PlayScreen Service and the related intellectual property rights. These Terms of Service do not modify, alter or amend any other agreement you have entered or will enter into with PlayScreen or any of its related or affiliated entities. To the extent that any provision of these Terms of Service or any supplemental agreement offered as any part of any registration for use of additional PlayScreen Service, conflicts with any provision of your other agreements with PlayScreen or any of its related or affiliated entities, the terms of such other agreement shall, as to the subject matter of that other agreement, take precedence over the conflicting terms of these Terms of Service.
19. GENERAL INFORMATION.
These Terms of Service constitute the entire agreement between you and PlayScreen with respect to the subject matter herein and governs your use of the PlayScreen Service, superseding any prior agreements between you and PlayScreen, but the Terms of Service may be supplemented by any other agreement you enter into with PlayScreen pursuant to your participation in other features of the PlayScreen Service. You further acknowledge and agree that you may not assign any part of these Terms of Service without PlayScreen’s prior written consent, but PlayScreen may assign any part of these Terms of Service without restriction. These Terms of Service shall inure to the benefit of each party’s successors and assigns. PlayScreen shall not be deemed to be in breach of these Terms of Service and thereby liable to you or any third party for any delays in the performance of its obligations hereunder caused by fire, explosion, act of God, strikes, war, riot, government regulation, bandwidth limitations, Internet connectivity, or act or any other cause beyond the reasonable control of PlayScreen. The failure of PlayScreen to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the PlayScreen Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Service confer the right to enforce these Terms of Service upon Apple, Inc. and its subsidiaries; no other party has any such third party beneficiary rights under these Terms of Service.
20. UPDATES TO TERMS OF SERVICE.
PlayScreen reserves the right, at its sole discretion, to change or modify the terms of these Terms of Service at any time by posting the amended terms of these Terms of Service on the PlayScreen Service. PlayScreen may also revise other policies, rules or codes of conduct at any time, and the new versions will be available on the PlayScreen Service. Your continued use of the PlayScreen Service constitutes your agreement to the terms of the revised Terms of Service.
If at any time, you do not agree to any portion of the then-current version of the Terms of Service or other PlayScreen policies, rules or codes of conduct related to your use of the PlayScreen Service, your license to use the PlayScreen Service shall immediately terminate.
21. CONTACTING US.
If you have any questions about these Terms of Service, or any question or problem regarding the PlayScreen Service, please contact us by sending an email to email@example.com or by mail at PlayScreen, LLC, 10320 Little Patuxent Parkway, Suite 200, Columbia, Maryland 21044 USA, (410) 715-4226.
Effective Date: October 14, 2011.