TERMS AND CONDITIONS
(Effective as of February 1, 2020)
In addition to the Terms, there may be special terms, licenses, and registrations requirements for certain Content and Services made available to you by us via this Website to which you must agree or that you must acknowledge or complete to access such Content and/or participate in such Services (collectively, “Additional Special Terms”). These Additional Special Terms will be made available to you in connection with the applicable Content and Services, and, with respect to such particular Content and Services, are in addition to the Terms, are incorporated in the Terms by this reference, and to the extent the Additional Special Terms conflict with the Terms, such Additional Special Terms shall control with respect to your access to or use of the particular Content and Services.
Please read all of the Terms and the information referred to or linked to in these Terms carefully and ensure you understand them. FROM TIME TO TIME, WE MAY UNILATERALLY MODIFY THESE TERMS, WITHOUT NOTICE TO YOU, THUS IT IS IMPORTANT THAT YOU REVIEW THESE TERMS EVERY TIME YOU USE THIS WEBSITE. ALL CHANGES TO THE TERMS WILL BE EFFECTIVE WHEN POSTED. ANY ACCESS OR USE OF THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES ON OR FROM THIS WEBSITE, AND ANY INTERACTION WITH THIS WEBSITE, INCLUDING SUCH CONTENT OR SERVICES, WILL CONSTITUTE YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY AND COMPLY WITH, ANY AND ALL TERMS IN EFFECT AT THE TIME OF SUCH ACTIVITY.
We may at any time, with or without prior notice to you or all users, modify, change, re move, and add any Content or Services, change the address of this Website, or suspend, terminate, prevent access, or undertake maintenance regarding this Website or any part thereof without being liable to you or anyone else, except if and to the extent prohibited by applicable U.S. federal or Texas state or local law.
This Website is owned and operated by PlaySource LLC (“PlaySource”). If you have any questions about the Terms, please contact us at email@example.com.
WHO MAY USE THIS WEBSITE?
You must be at least 18 years old to use this Website. If you are under 18, you represent that you have your parent’s or guardian’s permission to use this Website. Please have them read the Terms with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subject to the terms of the Terms and responsible for your child’s activity on the PlaySource Web Site.
If you are using the Website on behalf of a company or organization, you represent that you have authority to act on behalf of such entity, and that such entity accepts this Agreement.
HOW YOU MAY USE THIS WEBSITE AND OUR CONTENT AND SERVICES
You are granted a non-exclusive, non-sublicensable, non-transferable, and limited right to use this Website, the Content made available to you by us on this Website, and any Services made available to you via this Website for personal, noncommercial, and, as applicable, educational purposes only, subject to the Terms. You may copy, display and distribute Content, without modification, enhancement, customization, or reformatting of any kind, for personal, noncommercial, and/or educational purposes only; provided, however, all copies or display of Content that you make must bear any copyright notice set forth on the bottom of the page containing such Content, or if none, a copyright notice in the form “© Copyright [insert year you copied the Content], PlaySource LLC. All rights reserved.” and any other trademark or other proprietary notices which pertain to the Content being copied. Except as expressly authorized in this paragraph, you are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in or to the Website or any Content, Services, processes or technology of PlaySource, its affiliates, and/or any supplier, licensor or other applicable third party. All such rights are retained by PlaySource, its affiliates, and/or any applicable third party owner of such rights.
We operate the Website and, via the Website provide the Content and Services, from and in the United States of America. It is possible that some downloads from the Website could be subject to government export controls or other restrictions. If you download anything from or use the Website, you represent that you are not subject to such controls or restrictions. Without limiting any other of the Terms, we make no representation that anything is appropriate, permissible or available for use outside the United States, and using the Website from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the Website from or in locations outside of the United States, you do so on your own initiative and are responsible for (i) ensuring that what you are doing in that country is legal, (ii) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations, and (iii) all access to the Website through your device(s) and for bringing these Terms to the attention of all such persons.
YOU ARE RESPONSIBLE FOR PROVIDING, PAYING FOR, AND ENSURING ANY CONNECTION AND THE USE OF ANY COMPUTER, MOBILE DEVICE, HARDWARE, AND SOFTWARE NECESSARY OR USED FOR ACCESSING AND USING THIS WEBSITE, AND FOR PAYING FOR AND MAINTAINING ANY SUCH CONNECTION, COMPUTER, MOBILE DEVICE, HARDWARE, AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DATA AND CONNECTION CHARGES.
REGISTRATION AND PASSWORDS
Should we provide to you a user name and/or password, or if you select a user name and/or password (and there may be specific requirements for selecting a user name and/or password), that allows you to access certain parts or Content of the Website or to receive certain Services via this Website, you will be solely responsible for maintaining the confidentiality of the user name, password, and your account information, and are fully responsible for all activities that occur under your user name, password or account. You agree that you will immediately notify us of any unauthorized use of your user name, password, or account, or any other breach of security.
Additionally, please be aware of a scam known as "phishing," in which identity thieves send emails or texts to a service provider's customers asking them to verify personal information or otherwise divulge personal data directly in response to the email or text or via a linked website or attachment. We will never send emails or texts to you asking you to provide or verify your log-in information and/or password in any manner, including by clicking on a website link or clicking on an attachment contained in an email or text. While communications of this nature may look like they are from us, and even use our logo, they are most likely a "phishing" scam. DO NOT RESPOND TO E-MAILS OR TEXT MESSAGES OF THIS NATURE. If you receive an email or text purporting to be from us and question it, do not hesitate to contact us to confirm it.
COMMUNICATIONS AND SUBMISSIONS
You may sign up via this Website to receive communications from us. By providing to us by or through the Website your contact information for a corresponding means of communication (which means of communication may include one or more of e-mail, voice (land line and mobile), text message, and/or any other means of communication), you agree that we may send communications about us, our services and programs, and your account as well as notifications, alerts, updates, and specific responses to your inquiries to you through such means of communication until you affirmatively opt-out of receiving such communications by notifying us in such manner and form as provided by us or alternatively, by notifying us by email sent to firstname.lastname@example.org. We will take commercially reasonable steps to discontinue such messages after receiving notice of your opt-out selection. However, if you choose to opt out of marketing messages, we reserve the right to continue to communication with you, including to contact you regarding our delivery of service and support to you, your inquiries of us, your account status and changes to your account, emergency situations, and any other matter that might affect our service to you. If you agree to communicate with us through telephone (land line and mobile) and/or any other mobile device, you also agree that we may send you communications to the identified telephone or mobile device number and/or contact even if you change the carrier or service provider of you telephone or mobile communication services until you affirmatively opt out as stated above. YOU ARE RESPONSIBLE FOR ALL CONNECTION, DATA, USAGE, AND OTHER FEES, CHARGES, AND COSTS INCURRED BY YOU IN CONNECTION WITH SENDING ANY COMMUNICATIONS TO US AND RECEIVING ANY COMMUNICATIONS FROM US.
We may also give you the opportunity to communicate questions, comments, suggestions, feedback, testimonials, stories, photographs or other images, videos, remarks, reviews, statements or other materials of any kind (each, a “Submission”) by or through the Website, email, voice, text message, chat, PlaySource mobile applications, or any other form or means of communication. Notwithstanding any of the other Terms, by providing us with a Submission, you expressly agree and consent that we may communicate with you via any means of communications that you used or provided to us in connection with providing a Submission or other correspondence; we may send to you communications about us, our services and programs, and your account as well as notifications, alerts, updates, and/or specific responses to your inquiries through such means of communication.
You may provide Submissions in the manner, and subject to any limitations, stated on this Website as long as the Submission, and your use of the Website, does not violate any law or right of any person or entity, is not fraudulent, criminal or otherwise unlawful, and is not threatening, libelous, slanderous, defamatory, pornographic, obscene, racist, sexist, discriminatory, untrue or otherwise inappropriate, or uses any infringing or misappropriated information or content. You agree not to provide any Submission under the name or identity of a different person. You agree that any such Submission, and your use of the Website, will not involve your use, delivery or transmission of any viruses, unsolicited emails, trojan horse, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
By providing a Submission, you grant us the unrestricted, unlimited, worldwide, perpetual, irrevocable, fully sub-licensable, assignable and transferable right and license to use such Submission for any purpose, including, without limitation, to copy, distribute, display, publish, modify, edit, and creative derivative works of it. We shall not be liable to you, and you shall have no claim against us, for any royalty, fee, or payment of any kind in connection with any use of a Submission or for the compensation or reimbursement of any cost, expense or liability incurred by you. We have no obligation or responsibility regarding any Submission. Any Submission submitted by you is submitted at your own risk.
By providing us with a Submission, you expressly agree and consent that we: (i) are not required to use or publish any Submission and may decide to do so in our sole discretion; (ii) may publish or display the Submission or any part thereof on this Website, any of our other websites, our mobile applications and/or in any of our promotional, marketing or informational materials; (iii) may, but shall not be required or have any obligation to, edit the Submission prior to any publication or display thereof; and (iv) may in our sole discretion delete or remove any Submission. Without limiting the foregoing, if a Submission violates the Terms, we may in our sole discretion delete and remove such Submission without prejudice to any other rights and remedies that we may have with respect to such violation of the Terms.
OUR SERVICE MARKS
The trademarks, service marks, trade names, logos, domain names, and other names, marks and source identifiers displayed on or used with the Website are owned by us or third parties, and the Website’s trade dress is owned by us (collectively, the “Marks”). All Marks not owned by us are the property of their respective owners and are used by us with permission. Nothing contained on the Website may be construed as granting any right or license to use any Mark in any advertising, publicity, or in any other commercial manner without an express prior written license given by PlaySource.
If any Content displayed on this Website infringes any copyright of you, please proceed in accordance with the following copyright policy. We respect the copyrights of others. We have no responsibility for any text, images, statements, submissions, and material provided to us by others and posted on this Website. We are also not responsible for any text, images, statements, submissions, and material available or accessible on other websites linked from this Website. If any text, image, or material that you believe infringes upon or violates any of your copyrights is located on any other website, please contact such other website directly.
If you believe that any text, image, or material on this Website infringes upon or violates any copyright owned by you, please send us a notice stated below under "Notification of Claimed Infringement." The following information is intended to ensure compliance with U.S. copyright law and does not constitute any legal advice.
Notification of Claimed Infringement
To send us a notification of claimed infringement, please send a written communication by e-mail to email@example.com. The notification of claimed infringement must include the following:
i. Identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works;
ii. Identification of the material that you claim to infringe the copyright, which must be reasonably sufficient to permit us to locate the material;
iii. Information at which we may contact you, such as e-mail, telephone number, or address;
iv. A statement that you have 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;
v. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,; and
vi. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
As stated herein, we reserve the right to remove or disable access to any material on the Website at any time. If you believe that any material removed or to which access has been disabled as a result of a notification of claimed infringement should not have been removed or access to it should not have been disabled, please send us a counter notification including the following:
i. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
ii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
iii. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the notification of claimed infringement to us or an agent of such person; and
iv. Your physical or electronic signature.
Such counter notification must be sent by e-mail to firstname.lastname@example.org
Note that nothing in this section modifies our rights regarding Submissions, including our right to remove or disable access to any information on the Website at any time in our sole discretion, as set forth herein.
THIRD PARTY LINKS AND CONTENT
We have no control over and accept no responsibility or liability for the content or services of any website or mobile application to which a link from the Website exists (unless we are the owner and operator of those linked websites or mobile applications, subject to the terms and conditions pertaining to any such PlaySource linked websites or mobile applications), the content or services of any website or mobile application linking to the Website, and/or you use and access of any such links.
You may not frame the Website or any Content, or deep-link to any part of the Website or any Content, or cause any banners to appear anywhere on or in connection with the Website, the Content, the Services, or any part thereof.
THE WEBSITE, CONTENT AND SERVICES
While we use reasonable efforts to include accurate and up-to-date information on this Website, we make no warranties or representations as to accuracy of the information. We assume no liability or responsibility for any errors or omissions in the CONTENT contained in or accessed from the Website OR the SERVICES AVAILABLE VIA the Website.
WE ARE NOT RESPONSIBLE FOR ANY SUBMISSION THAT YOU OR ANY THIRD PARTY PROVIDES TO US, INCLUDING, WITHOUT LIMITATION, ANY STATEMENTS, ASSERTIONS, EXPRESSIONS, OR CONTENT THEREOF.
THE WEBSITE, ALL CONTENT CONTAINED IN OR ACCESSED FROM THE WEBSITE, AND ANY SERVICES AVAILABLE VIA THE WEBSITE ARE PROVIDED "AS IS" “WHERE IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, ACCURACY, OR NON-INFRINGEMENT, ALL WHICH ARE HEREBY DISCLAIMED.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, consequential, INCIDENTAL or punitive DAMAGES OR DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR CONNECTED WITH THE WEBSITE, THE SERVICES AVAILABLE VIA THE WEBSITE, THE CONTENT CONTAINED IN OR ACCESSED FROM THE WEBSITE, THE ACCESS TO, USE OF OR RELIANCE UPON THE WEBSITE, THE SERVICES AVAILABLE VIA THE WEBSITE, OR THE CONTENT CONTAINED IN OR ACCESSED FROM THE WEBSITE, OR ANY DELAY, INTERRUPTION, FAILURE OR INABILITY OF THE WEBSITE OR ANY ACCESS OR USE OF THE WEBSITE.
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR ACCESS TO AND THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. WE AND OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO ACCESS TO AND USE OF THIS WEBSITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE AND OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS AVAILABLE BY OR THROUGH THE website, THE CONTENT OR THE SERVICES. IN NO EVENT SHALL WE OR OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, incidental, or punitive DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF, OR RELIANCE UPON THE WEBSITE, THE CONTENT, THE SERVICES, AND/OR THE INTERNET GENERALLY.
WE AND OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL liability for damage to, or viruses, bugs, malicious code or other harmful components that may affect, any equipment (including but not limited to your computer and mobile device), software, data or other property as a result of your download, installation, access to or use of the website or your access to or use of any content or services from, or as a result of using, the website. We shall also not be liable for the actions of third parties. WE DO NOT WARRANT OR REPESENT THAT THE WEBSITE WILL BE COMPATIBLE WITH ALL COMPUTERS, MOBILE DEVICES, CONNECTIONS, HARDWARE, AND SOFTWARE WHICH YOU MAY USE. YOU ARE RESPONSIBLE FOR PROVIDING, PAYING FOR, AND ENSURING THE USE OF ANY COMPUTER, MOBILE DEVICE, CONNECTION, HARDWARE, AND SOFTWARE NECESSARY OR USED FOR ACCESSING AND USING THIS WEBSITE, AND FOR PAYING FOR AND MAINTAINING SUCH COMPUTER, MOBILE DEVICE, CONNECTION, HARDWARE, AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DATA AND CONNECTION CHARGES.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY ACT OR EVENT THAT IS BEYOND OUR OR ITS CONTROL AND WHICH COULD NOT BE REASONABLY ANTICIPATED OR PREVENTED THROUGH THE USE OF REASONABLE MEASURES, INCLUDING, BUT NOT LIMITED TO, AN ACT OF GOD, ACT OF THE PUBLIC ENEMY, TERRORISM, WAR, INSURRECTION, RIOT, FIRE, EXPLOSION, LABOR DISTURBANCE OR STRIKE, NATURAL DISASTER, WILDLIFE, UNAVOIDABLE ACCIDENT, EQUIPMENT OR MATERIAL SHORTAGE, BREAKDOWN OR ACCIDENT TO MACHINERY OR EQUIPMENT, OR GOOD FAITH COMPLIANCE WITH AN ORDER, LAW, RULE, REGULATION, OR RESTRICTION BY A GOVERNMENTAL, MILITARY, OR LAWFULLY ESTABLISHED CIVILIAN AUTHORITY.
IF AND TO THE EXTENT THAT ANY APPLICABLE LAW PROVIDES THAT, NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS ENTIRE “LIABILTY DISCLAIMERS” SECTION, ANY DISCLAIMER, EXCLUSION OF LIABILITY, OR LIMITATION OF LIABILITY, OR PART THEREOF, SET FORTH IN THIS SECTION IS NOT VALID OR ENFORCEABLE, THE DISCLAIMER OR EXCLUSION OF LIABILITY OR LIMITATION OF LIABILITY UNDER THIS SECTION SHALL BE INTERPRETED TO BE EFFECTIVE TO THE GREATEST EXTENT TO EFFECT THE PURPOSES AND INTENT OF SUCH PROVISIONS AS WRITTEN HEREIN AND AS PERMISSIBLE UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY; THEREFORE, IF THIS IS THE CASE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE DO NOT PROVIDE ANY LEGAL OR OTHER ADVICE ON THIS WEBSITE OR AS PART OF ANY CONTENT OR SERVICES. NO INFORMATION OR RESULTS OBTAINED BY YOU FROM US OR THROUGH OR FROM THIS WEBSITE CONSTITUTES OR WILL GIVE RISE TO ANY WARRANTY OR ANY LEGAL OR OTHER ADVICE BY US.
You agree to indemnify, defend, and hold harmless us, our affiliates, successors and assigns, and the officers, directors, employees, agents, representatives, licensors, contractors, consultants, suppliers, and operational service providers of us or our affiliates, from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), arising out of or resulting from (i) your use of the Website, the Content, or the Services; (ii) any violation of the Terms, including any applicable Additional Special Terms; (iii) any violation of applicable law by you; and/or (iv) any negligence, willful misconduct, or strict liability of you. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Website, Content, or Services and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
ACCEPTANCE AND JURISDICTION
By using this Website, you agree that you have read, understand and will abide, and be bound, by the Terms. If you do not agree to these Terms, please do not use this Website. These Terms shall be governed in all respects in accordance with the laws of the State of Texas, without regard to the conflict or choice of law rules thereof. You expressly agree to submit to the exclusive jurisdiction of any State or Federal court sitting in the State of Texas, Dallas County, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Should any section, or portion thereof, of these Terms be held invalid by reason of any law existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body, such section or portion thereof shall be validly reformed so as to approximate the intent of these Terms as nearly as possible and, if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; these Terms shall not otherwise be affected.