Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. By using or downloading information from this website (“Website”), you represent that you have read and understand these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions, in whole or in part, please do not continue to use this Website.
Changes to these Terms and Conditions. PlayNetwork, Inc. (“PlayNetwork”, “us” or “we”) may modify these Terms and Conditions at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this Website following the posting of changes will indicate your acceptance of those changes.
These Terms and Conditions were last updated on March 19, 2013.
Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this Website.
Use of this Website. The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are either the property of, or used with permission by, PlayNetwork and are protected by copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
DISCLAIMERS OF WARRANTIES. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. PLAYNETWORK PROVIDES THE MATERIALS AND SERVICES ON THIS WEBSITE ON AN "AS IS" AND “AS AVAILABLE” BASIS. PLAYNETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. IN NO EVENT WILL PLAYNETWORK OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, SUCCESSORS, SUPPLIERS, ASSIGNS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS OR DATA) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, PRODUCTS, CONTENT OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS WEBSITE AND ANY MATERIALS, PRODUCTS, CONTENT, OR SERVICES PROVIDED OR ACCESSIBLE THEREIN IS LIMITED TO THE AMOUNT YOU PAID TO US FOR USE OF THIS WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, DAMAGE, CLAIM OR LOSS. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Trademarks. Certain trademarks, trade names, service marks and logos (collectively, “Marks”) used or displayed on this Website are the exclusive property of PlayNetwork and/or our affiliates. Other Marks used or displayed on this Website are the property of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of such third party owner.
Linking to this Website. You may not link to this Website or run or display this Website or any material displayed on this Website in frames or through similar means without our prior written permission.
We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. You represent and warrant that you own or otherwise control all of the rights to the comments and other User Communications that you post on the Website and that use of your comments or other User Communications by PlayNetwork does not and will not infringe upon, misappropriate or violate the rights of any third party. We retain the right to remove any User Communications, in whole or in part, for any or no reason.
Inappropriate Material. You shall not upload to, distribute, or otherwise publish through the Website any content, information or other material that (a) violates, misappropriates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. We will have no liability related to the content of any of the foregoing materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. In addition to any remedies that we may have at law or in equity, if we determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Indemnity. You agree to indemnify, defend, and hold PlayNetwork and our officers, directors, employees, affiliates, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and costs) arising out of or related to your violation of these Terms and conditions or your use of this Website, including, without limitation, any use of this Website’s content, services and products other than as expressly authorized in these Terms and Conditions.
Choice of Law; Jurisdiction and Venue. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. By using this Website you unconditionally agree to submit to the exclusive jurisdiction of the state and federal courts located in Seattle, Washington, USA. You further agree to accept service of process by mail and waive any jurisdictional or venue defenses that may otherwise be available to you.
Termination. We may suspend or terminate your use of this Website at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
Language. All communications and notices to be made or given pursuant to these Terms and Conditions shall be in the English language.
Severability. If any term or condition of these terms and conditions shall be deemed to be invalid, void, illegal or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our customer service department at playnetwork.com.