Terms of Service
PRESSING I AGREE OR
USING Playverse constitutes your agreement to
these terms (Agreement).
If you (or, if applicable, your parent or
guardian) do not agree to be bound by this Agreement, you are not permitted to
use or access Playverse.
THIS agreement contains BINDING ARBITRATION AGREEMENT, AND CLASS ACTION
WAIVER, in section F -- under the general terms BELOW. PLEASE READ IT.
Our website located at
www.playverse.com, including all of its subsites and all software, products,
features, games and services made available, displayed or offered by or through
our website or subsites (collectively, Playverse),
is offered to you, the user, by Trendy Entertainment, Inc., a Delaware limited
liability company with its principal place of business located at 110 SE 1st
St, Gainesville, FL 32601 (Trendy),
and its suppliers, service providers and licensors (collectively, Third Party Providers)..
you are under the age of majority in your jurisdiction, you must make sure that
on your behalf prior to your use of Playverse.
Playverse is for your individual, non-commercial, entertainment purposes only.
Except as may be expressly permitted by Trendy, you may not sell or exchange
anything you copy or derive from Playverse. As long as you comply with the
terms of this Agreement, Trendy grants you a personal, non-exclusive,
non-transferable, limited right during the term of this Agreement to enter,
use, perform and display Playverse and everything on it. You agree not to interrupt
or attempt to interrupt the operation of Playverse in any way.
Certain content, games or
services provided by Trendy through Playverse may be accessed or used by you
without requiring registration or login to Playverse (Public Materials). Other content, games or services provided by Trendy
through Playverse, require that you register and open an account (Playverse Account) on Playverse in
order to be accessed or used by you (
). This Agreement applies to your access and use of Public
Materials and User Materials. Any Playverse Account supplied to you is
personal, and you may not transfer or make available your Playverse Account
username or password to others, including, without limitation, your co-workers
or other members of your household (except that Child restricted account
information may be accessed by a Parent using parental controls). You must
obtain access to the Internet and pay any access and usage fees and supply the
necessary equipment and software to connect to Playverse via the Internet.
Before you register for a free Playverse
Account, you will be asked your date of birth. .
Accessing Your Playverse Account Information.
It is your responsibility to
make sure that all information on your account page is truthful, complete,
current and accurate.
Security of Your Account.
If you forget your Playverse
username or password and have not provided us with any security questions and
answers, you may not be able to access the User Materials or your Playverse
Account. You are responsible for maintaining the confidentiality of your Playverse
Account and for all activities that occur through the use of your Playverse
Account. You must notify Trendy of any
unauthorized use of your Playverse Account or any other breach of security, and
ensure that you secure your Playverse Account and computer from third party access.
. Trendy has implemented physical, electronic
and managerial procedures in order to help safeguard and prevent unauthorized
access, use, alteration, modification or disclosure of your personal
information. Although we use reasonable efforts to safeguard the security of
your personal information, transmissions made on or through the Internet and
personal information stored on our servers or the servers of third parties that
we use are vulnerable to attack and cannot be guaranteed to be secure. In
addition, submissions made via e-mail are not protected by encryption and are
vulnerable to interception during transmission.
Playverse Communication Features
features (such as Playverse launcher, Message Boards, voice chat, universal
chat, messenger-type features, e-mail, and mobile device access, etc. or any
future communication features) may be provided to users; other or similar
communication features (such as in-game or out-of-game voice or text chat, game
related message boards, e-mail, messenger-type features and/or community areas)
are services that may be provided to some or all users of certain games available
on or through Playverse (collectively,
In using Trendy Communication
Features, you may be exposed to messages, information, data, text, software,
graphic files, or other materials, whether in written, verbal, electronic or
other form, whether now known or hereafter known (User Content) that you might find objectionable. Trendy and its
Third Party Providers do not control the content of any User Content and do not
guarantee their accuracy, integrity or quality. User Content on Trendy
Communication Features is the sole responsibility of those persons transmitting
such User Content, and that Trendy is solely acting as a hosting provider. You
are responsible for all User Content that you transmit.
Trendy and Trendy's Third Party
Providers have no obligation to monitor or supervise Trendy Communication
Features or User Content, and expressly disclaim any representation that we or
our Third Party Providers will monitor or supervise such Communication Features
or User Content. However, we expressly reserve the right (but not the
obligation) in our sole discretion to monitor, screen, edit, refuse to post,
block or remove, in each case, in accordance with applicable law, any User
Content, in whole or in part, on any Trendy Communication Feature, you hereby
waive any rights of confidentiality that you may have in and to your communications
when using any of the Trendy Communication Features, and you agree that you
have no expectation of privacy in any content in any of the Trendy
Communication Features. Without limiting the foregoing, Trendy and its Third
Party Providers have the right to block or remove, in whole or in part, any
User Content that is in violation of this Agreement, is illegal, infringing or
otherwise offensive or objectionable. Trendy Communication Features are forums
for public and not private communications.
Prior to using any Trendy
communication Features, please carefully review Trendy's policies concerning
(i) submission of creative ideas, suggestions and materials, (ii) fan fiction,
artwork, content or user generated content, and (iii) uploading of photographs,
video, and audio materials.
Rules of Conduct.
You may not do any of the
following while accessing or using Playverse or any Trendy Communication
transmit any User Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, that may be invasive of another's right of privacy or
publicity, hateful, racially, ethnically or otherwise objectionable;
impersonate any person or entity, including but
not limited to, a Playverse or other Trendy official, employee, representative
or agent, forum leader, guide or host or falsely state or otherwise
misrepresent your affiliation with a person or entity;
harass, stalk or threaten any other users in Playverse;
transmit any User Content that you do not have a
right to transmit, under any law or under contractual relationships;
in any action which, in the sole and exclusive judgment of Trendy
Entertainment, "exploits" an undocumented aspect within Playverse in
order to secure an unfair advantage over other users;
in any action which, in the sole and exclusive judgment of Trendy
Entertainment, defrauds any other user of Playverse, including, but not limited
to, by "scamming" or "social engineering;”
unauthorized third party programs, including but not limited to
"mods," "hacks," "cheats," "scripts,"
"bots," "trainers," and automation programs, that interact
with Playverse in any way, for any purpose (including, without limitation, any
unauthorized third party programs that intercept, emulate, or redirect any
communication between the Software or Playverse and any unauthorized third
party programs that collect information about Playverse by reading areas of
memory used by Playverse or the Software to store or use information);
transmit any User Content or other file that
contains a virus, corrupted data, trojan horse, keystroke logger, worm, time
bomb, or other computer programming routines that damage, detrimentally
interfere with, surreptitiously intercept or mine, scrape or expropriate any
system, data or personal information;
attempt to access areas of Playverse that have not been made available to the users;
delete any author attributions, legal notices or
proprietary designations or labels that you upload to or through an Trendy
reverse engineer or decompile Playverse or any
Software, except to the extent applicable allows it despite this limitation;
use Playverse or any content or items contained
therein to develop a competitive game or gaming platform;
use a Trendy Communication Feature in a manner
that adversely affects the availability of its resources to other users (e.g. flooding
(continuous posting of repetitive text) or excessively large embedded images);
chat, whether for personal or commercial purposes, by disrupting the flow of
conversation with repeated postings of a similar nature;
violate any applicable local, state, national or
international law, rule or regulation;
transmit or facilitate the transmission of any
User Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
transmit any User Content to an Trendy
Communication Feature which discloses your or any other person's personal
transmit any content to an e-mail address, messenger-feature
address or other location that is not yours or to which you do not have the
expressly authorized right to use without securing the prior authorization of
such other person or entity.
Trendy retains the right to
suspend, terminate, or otherwise sanction Playverse game subscription of any Playverse
user who violates the foregoing Rules of Conduct, as well as to take any other
action required or permitted under any applicable laws.
Trendy Rights in User Content.
You hereby grant Trendy an irrevocably,
perpetual, license to use, reproduce, modify, adapt, publish, broadcast,
license, perform, post, sell, translate, create derivative works from and
distribute any User Content for any purpose whatsoever related to Playverse or
any game within Playverse (or any successor), in any medium now known or
hereafter devised, without compensation or credit to the provider of the User
Content, including sublicensing any third party to do any of the foregoing.
Playverse, including the Trendy
Communication Features, may provide and users may include in messages, links to
other web sites. Trendy and its Third Party Providers are not responsible for
the availability of such external sites, and do not endorse and are not
responsible or liable for any materials on or available from such sites.
Please note that certain people
are susceptible to epileptic seizures or loss of consciousness when exposed to
certain flashing lights or light patterns in everyday life. Such people may
have a seizure while watching certain monitor images or playing certain video
games. This may happen even if the person has no medical history of epilepsy or
has never had any epileptic seizures. If you or anyone in your family has ever
had symptoms related to epilepsy (seizures or loss of consciousness) when
exposed to flashing lights, consult your doctor prior to playing. We advise
that parents should monitor the use of video games by their children. If you or
your child experience any of the following symptoms: dizziness, blurred vision,
eye or muscle twitches, loss of consciousness, disorientation, any involuntary
movement or convulsion, while playing a video game, immediately discontinue use
of the video game and consult your doctor.
Please also note that when
using a video game you should take certain standard health and safety
precautions, including avoiding playing the game when tired, taking 10 to 15
minute breaks every hour, sitting a reasonable distance from the screen, and
playing the game in a well-lit environment.
Fee-Based Playverse Games
Some content, games or services
offered on Playverse may be offered to you on a fee basis. If you elect to
subscribe to or purchase fee-based content, games or services and transmit to Trendy
a purchase request, you warrant that
you are the age of majority in your
jurisdiction, or, if you are a minor, your Parent has submitted all purchase
information and read and accepted this Agreement on your behalf,
your use of the particular credit card or other
accepted method of payment is authorized,
all information that you submit is true and
accurate (including, without limitation, your credit card number and expiration
you agree to pay all fees you incur, including
all recurring subscription fees unless and until you affirmatively terminate
your game, content or service account in accordance with its terms.
purchase of any fee based content, games or services via Playverse is subject
to our Sales Policies which are on
Evolution of Games
understand that online games, and system specifications necessary to play those
games, may continuously evolve over time. Trendy reserves the right to modify
or increase the system specifications necessary to play any game - whether free
or subscription based - at any time and without notice, provided that if such
modifications give rise to any increase in the fees payable to play any
applicable game, to the extent required by applicable laws, Trendy will provide
you with notice of such price increase in accordance with the terms of this
Agreement. You are responsible for purchasing any necessary additional software
or hardware in order to access and play those games.
Methods of Payment.
If you have elected to purchase
any Trendy games or services (including any Virtual Goods) through Trendy's
commerce systems, we have the right to automatically charge your credit card or
debit your account for the applicable fees or charges, plus any applicable
taxes we are required to collect, and you authorize us to do so. Any prices
posted in US Dollar or non-US dollar currencies by Trendy on the Store do not
include any applicable sales tax, unless specifically noted that it is
tax-inclusive. If you elect to redeem Playverse Credit or any promotional code
in exchange for any games or services (including any Virtual Goods), the applicable
promotional code or required Playverse Credits will be permanently consumed and
converted into the purchased games or services. Playverse Credit value posted
by Trendy on the Store for any game or service being offered for redemption is
not inclusive of the applicable sales taxes therefor.
With respect to the purchase of
any games, services, or Virtual Goods through Trendy's commerce systems, you
will be required to review and accept the applicable terms for such games,
services, or Virtual Goods prior to submitting your order. You agree to receive
all notices and records from Trendy in electronic form.
Playverse, including, without
limitation, all Trendy Communication Features, contains copyrighted material,
trademarks and other proprietary information including, without limitation,
text, software, photographs, video, graphics, music and sound, and the entire
contents of Playverse and each area contained therein are copyrighted as a
collective work under the United States copyright laws. Trendy owns a copyright
in the selection, coordination, arrangement and enhancement of such content.
You may not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content contained on
Playverse (including, without limitation, content that Playverse enables you to
download) without the express written permission of Trendy. If any permitted
copying, redistribution or publication of copyrighted material, no changes in
or deletion of author attribution, trademark, legend or copyright notice may be
made. The downloading of copyrighted material from Playverse is allowed by you
only for your own use. Trendy or third-party content providers remain the
owners of all materials posted on Playverse, and that you do not acquire any of
those ownership rights by downloading copyrighted materials.
Trendy hereby grants to each Playverse
game subscriber or member that is in good standing (i.e. a subscriber who is
current in his or her payment of all applicable fees for their use of the games
and services on Playverse to which he or she subscribes and who is not
otherwise in breach of this Agreement) (each, a Game Subscriber) such grant to be automatically revoked as of the
moment that the subscriber's account is no longer in good standing, a limited,
personal, nonexclusive, nontransferable, non-assignable and fully revocable
license to use (a) the relevant Trendy game name, and (b) trademarks and
copyrighted material from the applicable game, including non-player character
names and images, deity and monster names and images, geographical names, item
names and images, character names and images, background art, and screenshots
containing any of the foregoing, solely to be used for material (for example,
"fan fiction" and "fan artwork") that the Game Subscriber
posts to or transmits through Trendy Communication Features (Game Licensed Content) in accordance
with this Agreement -- and for no other use. Each Game Subscriber undertakes to
Trendy that any Game Licensed Content that he or she provides must comply in
all respects with this Agreement.
Copyright and Trademark Notices.
All contents, games and other
information offered on or through Playverse are subject to copyright and
trademark protections, as detailed in our Legal and Copyright Notices.
Solely in connection with your
fansite or your fansite pages dedicated to the games that Trendy develops,
publishes or distributes, we may (in our sole discretion) grant you, on a
non-exclusive and non-sublicensable basis, permission to reproduce and
redistribute on the fansite to end users, certain Trendy and Third Party
Provider game-related images, graphics or artwork (the Trendy Fansite Content) and certain Trendy and Third Party Provider
trademarks and logos (the Trendy Marks)
that Trendy may expressly designate "for fansite use" on fansite
pages at www.playverse.com or its associated game sites, so long as you comply
with the terms described here and on the fansite pages, as those terms may be
modified from time to time in accordance with this Agreement.
As the operator of an
independent, unaffiliated web site, you will have sole editorial control over
the fansite, except that you represent and warrant to Trendy that the fansite
will not post material that is illegal or infringes on the rights of third parties
or harms the reputation of the game, Trendy, its parent or affiliate companies,
or its officers or employees. If at any time you post such disparaging
material, or material that is illegal or infringes upon the rights of any third
party, Trendy may terminate the grant to the Trendy Fansite Content . Your
ownership in the fansite excludes the Trendy Fansite Content and Trendy Marks
and excludes any derivative works based upon or including the Trendy Fansite
Content or Trendy Marks. The fansite is not a "Joint Work" as that
term is defined in the United States Copyright Act, Title 17 United States Code
(U.S.C.), and is not otherwise a
joint, collective or collaborative work under any other applicable laws.
You must include Trendy's
trademark, copyright or other proprietary rights notices, as provided on the
fansite page for the game referenced, when displaying Trendy Fansite Content or
Trendy Marks, and must comply with usage guidelines that may be provided by Trendy.
You may not remove or alter any identifying information or copyright management
information conveyed in connection with copies of Trendy Fansite Content or Trendy
Marks, including in digital form; nor challenge Trendy's or its Third Party
Provider's ownership of the Trendy Fansite Content or Trendy Marks, nor use or
adopt any trademarks that might be confusingly similar to such Trendy Marks.
Trendy reserves all rights,
title and interest in and to the Trendy Fansite Content and Trendy Marks which
are not expressly granted herein. You may not rent, lease, reproduce, modify,
translate or create derivative works of the Trendy Fansite Content except as
expressly permitted herein, nor create any derivative works (including without
limitation fiction or visual art) from, or in any way exploit, any of the
characters or content contained in the game or on Playverse, without the
express written permission of Trendy. The creation and sale of merchandise
based on the game or upon Trendy Fansite Content or Trendy Marks is expressly
If you intend to charge a
subscription or access fee to generate revenue from the fansite, we would
require you to execute a simple license agreement with us. The limited
permission granted here with respect to fansite use of certain Trendy Fansite
Content and Trendy Marks does not cover such circumstances.
Fansites that quote an article
or patch message from a Trendy site are requested to limit the quote to a
paragraph or less and provide a link back to Playverse or associated game site
for the full article or message, rather than reproducing on the fansite the
entire patch message or article. Permission to link from the fansite to Playverse.com
or the associated game site is granted in such circumstances.
POLICY ON REPEAT INFRINGERS; AGENT FOR NOTIFICATIONS OF CLAIMED INFRINGEMENT
Please review our website for
information on our policy for repeat infringers and agent for notifications of
SUBMISSIONS, FAN FICTION, ARTWORK, CONTENT, AND PHOTOGRAPHS
We ask that you do not send us any
original creative materials such as game ideas or original artwork. While we do
value your feedback on our services and games, we request that you be specific
in your comments on those services and products, and not submit any creative
ideas, suggestions or materials.
Any and all creative
suggestions, ideas, notes, drawings, concepts or other information that you
send to us, whether at our specific request or despite our request that you not
do so (other than Content transmitted on Trendy Communication Features)
(collectively, Submissions) are
deemed, and remain, the property of Trendy from the time of uploading or
transmission. Trendy will exclusively own all now known or hereafter existing
copyrights and all other intellectual property rights to all Submissions of
every kind and nature, in perpetuity, throughout the universe and you hereby
assign to Trendy as a present assignment all such intellectual property rights
to the extent owned by you. In the event that any of the Submissions are not
assignable, you agree that Trendy is irrevocably entitled to, throughout the
universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast,
license, perform, post, sell, translate, create derivative works from and
distribute any Submission for any purpose whatsoever, commercial or otherwise,
in any medium now known or hereafter devised, without compensation or credit to
the provider of the Submission, including sublicensing any third party to do
any of the foregoing. You agree at Trendy's request to execute such further
documents and do such further acts as may be necessary or desirable to document
or enforce Trendy's ownership of the Submissions, including, without
limitation, execution of a copyright assignment in a form provided by Trendy in
its sole discretion. If you fail or refuse to execute any such documents, you
hereby appoint Trendy as your attorney in fact, which appointment is coupled
with an interest and is irrevocable, to act on your behalf and to execute,
deliver, record and file such documents.
If you upload any photograph,
video, or audio file to or through any Trendy Communication Feature, to the
extent permitted by applicable laws, you
grant to Trendy the non-exclusive, worldwide
right to use, post, publish and display such material on Playverse, without
royalty or compensation of any kind,
expressly waive any and all rights of privacy,
moral rights or rights of attribution and integrity, in and with respect to the
photograph, video, or audio file,
promise that the material is either a picture,
video, or audio file of you or that duplication and distribution of the
material will not violate any right of or require any compensation to any
person or entity,
promise that you are the copyright owner of the
material or have all rights necessary to authorize its unfettered use and
promise that you are 18 years of age or older.
You understand that, once your photograph,
video, or audio file is posted, anyone can download or distribute that
material. You expressly waive any and all claims you may have against Trendy
and release Trendy from any and all liability arising from or related to the
submission and Trendy's or any third party's use or transmission of the
photograph, video, or audio file.
PLAYVERSE CREDIT AND OTHER VIRTUAL GOODS
a. Obtaining Playverse Credit. If you have an active Playverse Account
you may participate in our Playverse Credits service offering. Playverse Credits
(Playverse Credits) is an online
redeemable point system which can be used to obtain certain products and
services offered by Trendy for redemption through our online Store. Playverse Credit
can be acquired, used and redeemed in a variety of ways.
may have the opportunity to acquire Playverse Credit by participating in or by
completing certain tasks or objectives in one of our Playverse games.
also offer Playverse Credit to you for free through one of our promotional
offer Playverse Credit to you for sale in-game or through Playverse or at
retail in the form of Playverse Gift Cards.
Credit is sold in bundles and the price may vary depending on the amount you
purchase and the location it is being purchased.
note that any Playverse Credit you obtain through a Playverse Gift Card will
not be usable until such time as you register it online with your Playverse
limit the amount of Playverse Credit you may obtain in your account balance at
any one time or in the aggregate. We will notify you if you reach such limit.
sales tax is charged when purchasing Playverse Credit in-game or through
Playverse; however, sales tax may apply to your redemption of Playverse Credit
for Trendy products or services in some jurisdictions. The amount of tax
charged depends upon many factors, including the type of product or service
purchased. Except as otherwise set forth herein or in our Sales Policy on
subject to applicable law, you are solely responsible for any tax consequences
that may result from your acquisition, use or redemption of Playverse Credit.
b. License to use Playverse Credit. No matter how you obtain Playverse
Credit, you acknowledge and agree that such Playverse Credit solely represents
a limited license right to a virtual good which is governed by the terms of
this Agreement, and that such Playverse Credit is non-transferable to another
person or Playverse Account, has no Credit value and is not redeemable for any
sum of money or monetary value from Trendy at any time. Playverse Credit does
not constitute a personal property right.
c. Redemption of Playverse Credit. Trendy may offer opportunities for
you to redeem your Playverse Credit (e.g., at the Store or while playing a game
on Playverse) for certain items or services provided that you have a sufficient
balance to do so. While your Playverse Credit does not have any set expiration
date, please be aware that Trendy may from time to time cease, without notice
to you, to continue to offer an item or service in exchange for your Playverse Credit.
In order to protect against theft, we will limit the amount of Playverse Credit
you may redeem or purchase at any one time, day or week. We will not reinstate
any deducted Playverse Credit except in limited circumstances at our sole and
absolute discretion after investigation.
d. Corrections. You are solely responsible for verifying that the
proper amount of Playverse Credit has been added to or deducted from your Playverse
Account. You can view your Playverse Credit balance from within any of our items
or services that accept Playverse Credit for payment. If you believe that a
mistake has been made with respect to your Playverse Credit balance, please
contact us immediately so that we can investigate the matter. You agree that we
have the sole discretion in determining whether or not your claim is valid and
if so the appropriate remedy.
e. Improper Usage of Playverse Credit. We reserve the right to reduce,
liquidate, deactivate, suspend or terminate your Playverse Credit or access
thereto if we suspect, after investigation, that you have misused Playverse Credit
service or have otherwise used Playverse Credit service to conduct any
fraudulent or illegal activity.
Trendy retains the unfettered
right to modify its games and all aspects of characters, items, points and in
game coin (collectively, Virtual Goods)
Trendy has been, is, and will be constantly
making changes to its games. Trendy can and will, in its discretion, modify
features, functions or abilities of any element of any of its games or any
(which may, among other
things, make the Virtual Goods substantially more valuable, effective or
functional, or less valuable, effective or functional, more common or less
common, or eliminated entirely).
Virtual Goods are only tradable within Playverse
(or if applicable, a Playverse authorized exchange) for no remuneration.
Virtual Goods may not be transferred, exchanged
or assigned in any manner or form outside of Playverse or for any type of
remuneration or value.
All Virtual Goods represent a limited license
right governed by the terms of this Agreement, and are not redeemable for any
sum of money or monetary value from Trendy.
YOU PROMISE THAT YOU WILL NEVER
ASSERT OR BRING ANY CLAIM OR SUIT AGAINST Trendy,
ITS LICENSORS OR THIRD PARTY PROVIDERS, WHICH IS RELATED TO OR BASED ON (I) A
CLAIM ARISING FROM OR RELATED TO YOUR USE OF ANY Trendy-AUTHORIZED EXCHANGE, (II) A CLAIM THAT YOU
"OWN" ANY VIRTUAL GOODS IN ANY GAME, (III) A CLAIM FOR THE
"VALUE" OF VIRTUAL GOODS IF Trendy
DELETES THEM (OR TERMINATES YOUR PLAYVERSE ACCOUNTS), (IV) A CLAIM FOR THE
"VALUE" OF VIRTUAL GOODS THAT YOU MAY LOSE IF Trendy DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO
THIS AGREEMENT, THE APPLICABLE GAME'S AGREEMENT, RULES OF CONDUCT, TERMS OF
SERVICE OR Trendy'S PRIVACY
POLICY, OR FOR ANY MALFUNCTIONS OR "BUGS" IN Trendy's GAMES (OR SUCH OTHER APPLICABLE Trendy-AUTHORIZED EXCHANGE) OR (V) A
CLAIM THAT THE "VALUE" OF ANY VIRTUAL GOODS HAS INCREASED OR
DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT Trendy HAS MADE OR WILL MAKE. ALL OF THE ABOVE APPLIES
WHETHER ON ANY OTHER Trendy-AUTHORIZED
EXCHANGE ENABLED SERVER.
SOFTWARE AVAILABLE ON PLAYVERSE
Any software that is downloaded
or made available from Playverse (Software)
is the copyrighted work of Trendy or its Third Party Providers or other
suppliers. Use of the Software is governed by the terms of the agreement, if
any, which accompanies or is included with the Software (License Agreement). Users may not install or use any Software that
is accompanied by or includes a License Agreement unless the user first agrees
to the License Agreement. For any Software not accompanied by a license
agreement, the following additional terms apply (in addition to the terms of
this Agreement): Trendy hereby grants to you, the user, a personal,
non-transferable license during the term of this Agreement to use the Software
for viewing and other use of Playverse in accordance with this Agreement, and
for no other purpose. All Software, including, without limitation, all HTML
code contained on Playverse, is owned by Trendy or Third Party Providers or
other suppliers and is protected by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software is expressly
prohibited by law, and may result in civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR
WARRANTIES SET FORTH IN THE APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN
CONNECTION WITH YOUR PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY
CONFLICT BETWEEN THE TERMS OF SUCH LICENSE AGREEMENT AND THIS AGREEMENT, THE
LICENSE AGREEMENT CONTROLS WITH RESPECT TO THE SOFTWARE ONLY. Trendy AND Trendy'S
THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Disclaimers: Limitations of Liability
DISCLAIMER OF LIABILITY
Trendy, Trendy'S THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON
PLAYVERSE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
(COLLECTIVELY, THE Trendy PARTIES),
MAKE ANY WARRANTY whatsoever, INCLUDING, WITHOUT LIMITATION, THAT PLAYVERSE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF PLAYVERSE OR AS TO THE ACCURACY,
RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, OR SERVICES ON PLAYVERSE,
INCLUDING, WITHOUT LIMITATION, ALL Trendy COMMUNICATION FEATURES.
EXTENT PERMITTED BY APPLICABLE LAW, PLAYVERSE AND ALL INFORMATION, CONTENT AND
SERVICES CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE Trendy PARTIES EXPRESSLY
DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF PLAYVERSE, INCLUDING,
WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF PLAYVERSE, IS AT YOUR SOLE
LIMITATION OF LIABILITY
TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS,
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION VIII APPLY TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF PLAYVERSE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
EVENT WILL ANY OF THE Trendy PARTIES BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE
OF OR INABILITY TO USE PLAYVERSE, (II) THE BREACH OF ANY REPRESENTATION OR
WARRANTY, (III) THE USE BY YOU OF PLAYVERSE OR ANY BROWSER OWNED OR OPERATED BY
ANY PARTY, OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY
THIRD PARTY, IN CONNECTION WITH PLAYVERSE; OR (B) ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST OR
DAMAGES TO DATA, FILES, CONTENTS, IMAGES OR ITEMS WITHIN PLAYVERSE) ARISING OUT
OF OR RELATED TO PLAYVERSE, EVEN IF Trendy WAS PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY Trendy
PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING PLAYVERSE, IS MADE
BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED IS LIMITED TO THE FEES,
IF ANY, PAID BY YOU FOR USE OF PLAYVERSE.
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED
WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF
DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE,
POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, OF QUALITY. IN SUCH STATES OR
JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION B. MAY
NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF
THE Trendy PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY
MINIMIZING THE LIABILITY OF SUCH Trendy PARTIES TO YOU TO THE LOWEST AMOUNT
PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER
LIMITATION SET FORTH IN THIS AGREEMENT.
THE Trendy PARTIES NOR THE Trendy FAMILY ENDORSES OR IS RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY
OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON PLAYVERSE,
INCLUDING, WITHOUT LIMITATION, ALL Trendy COMMUNICATION FEATURES OF PLAYVERSE,
BY ANYONE OTHER THAN AUTHORIZED Trendy EMPLOYEES WHILE ACTING IN THEIR OFFICIAL
CAPACITIES. UNDER NO CIRCUMSTANCES WILL Trendy, ANY Trendy THIRD PARTY PROVIDER
OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY
CONTENT OR SERVICES CONTAINED ON PLAYVERSE, OR ANY OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH PLAYVERSE,
INCLUDING, WITHOUT LIMITATION, ALL Trendy COMMUNICATION FEATURES.
DO NOT WARRANT OR GUARANTEE ANY ITEM OR SERVICE OFFERED BY A THIRD PARTY
THROUGH PLAYVERSE AND NONE OF
WILL MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY
PROVIDERS. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
Playverse site is incorporated into this Agreement for all purposes. You agree
located outside of the United States, please note that the information that you
provide is being sent to the United States. As further described in our Privacy
Policy, by using Playverse, you consent to your data being sent to the United
States and to such other third parties and jurisdictions as may be involved in
the provision and operation of Playverse.
FOR KIDS - UNDER AGE 13
The Children's Online Privacy
Protection Act imposes certain rules regarding our collection, use and
disclosure of personal information from children under the age of 13 (Children). As a result, special terms
and guardians (Parents) should
monitor their Children's use of Playverse and the services we offer for
Please note that all persons
under the age of majority in their jurisdiction are required to have a parent
behalf. Parents are encouraged to spend time online with their children under
the age of 18 and to become familiar with the types of content available on
Playverse and the Internet.
CONSENT TO MONITOR
Some games available on or
through Playverse may, when in operation, monitor your computer's random access
memory, and system and configuration files, crash data, etc. for the purpose of
monitoring and improving quality and service and also for the purpose of
identifying unauthorized third party programs running concurrently with your
or facilitate cheating;
users to modify or hack the applicable game interface, environment, or experience
in any manner not authorized by Trendy; or
intercept, "mine" or otherwise
collect information from or through the applicable game (Unauthorized Software).
game detects any Unauthorized Software,
game may communicate information back to Trendy, including without limitation
your Playverse Account username, details about the Unauthorized Software
detected and the activities or functions performed thereby, and/or details
about your computer, and
may exercise its rights and remedies under this Agreement or the applicable
license agreement without prior notice to the user linked to such Unauthorized
You agree that all character
and account data that is stored and is resident on our servers, and any and all
communications that you make within Playverse or any game (including, but not
limited to, messages solely directed at another player or group of players)
traverse through our servers, may or may not be monitored by us or our agents
(where and to the extent permitted by applicable law), you have no expectation
of privacy in any such communications, you expressly consent to such monitoring
of communications you send and receive, and you expressly agree to waive any
rights of confidentiality that you may have in and to such communications. For example, Trendy may monitor chat
rooms in certain portions of Playverse directed to Children.
Either Trendy or you may terminate this
Agreement and your Playverse Account at any time.
Fees paid for any subscription or pay-per-use
are paid in advance and are not refundable in whole or in part.
You may terminate this Agreement at any time by
not using Playverse.
We can terminate the Agreement by asking you to
stop using Playverse, and, if necessary, by preventing your access to Playverse
or your Playverse Account. Upon termination of this Agreement, you shall have
no further rights to use Playverse or its services.
Your only right and remedy with respect to any
dissatisfaction with Playverse is to terminate this Agreement and your Playverse
Account and Trendy Communication Features, including, without limitation, any
dissatisfaction with (i) any terms of this Agreement, or any policy or practice
of Trendy in operating Playverse, (ii) content available through Playverse, or
any change therein, or (iii) the amount or type of fees or billing methods, or
any change thereof.
Termination means that your Playverse Account is
de-activated, and does not necessarily mean that all the files associated with
your Playverse Account have been deleted from our servers.
Without limiting the foregoing, Trendy has the
right to terminate this Agreement with you, effective immediately, or terminate
or temporarily suspend your access to your Playverse Account or all or any part
of Playverse, without notice, in the event of any conduct by you which Trendy,
in its sole discretion after investigation, considers to be unacceptable, or
for conduct that Trendy believes is a violation of the terms contained herein
or any policies or guidelines posted by Trendy on Playverse, or for other
conduct which Trendy believes, in its sole discretion, is harmful to Trendy,
other Playverse members or other users of Playverse. Trendy reserves the right
to deny registration of any individual as a Playverse member and to deny access
to Playverse to any individual.
You agree to indemnify and hold
harmless Trendy, and the Third Party Providers, and all of their respective
officers, directors, owners, agents, employees, information providers,
affiliates, licensors and licensees (collectively, Indemnified Parties) from and against any and all liability and
costs including, without limitation, attorneys' fees and costs, incurred by the
Indemnified Parties in connection with any claim arising out of (i) any breach
by you of the Agreement or any representations, warranties or covenants
contained herein or (ii) your use of Playverse, including, without limitation,
your Playverse Account and all Trendy Communication Features.
You may be required to report
as taxable income the value of any prizes received by you. Trendy or any
sponsor who provides a particular prize may report the value of the prize to
Federal or state taxing authorities.
D. CHANGES TO THIS AGREEMENT
Trendy reserves the right to
modify or delete certain terms of this Agreement as Playverse evolves;
provided, however, that material changes to this Agreement will not be applied
retroactively. Such changes will be effective with or without prior notice to
you. You can review the most current version of this Agreement by clicking on
the “Terms of Service” link located at the bottom of the website. You are
responsible for checking this Agreement periodically for changes. If any future
changes to this Agreement are unacceptable to you or cause you to no longer be
in agreement or compliance with this Agreement, you must terminate this
Agreement and immediately stop using Playverse. Your continued use of any of
the Playverse following any revision to this Agreement constitutes your
complete and irrevocable acceptance of any and all such changes. Please note
that Trendy may also revise other policies, at any time, and the new versions
will be available on the website. Trendy has no obligation to refund any fees
that may have accrued to your account before cancellation of your account or
cessation of use of any subscription, nor will Trendy have any obligation to
prorate any fees in such circumstances.
This site is controlled and
operated by Trendy from its offices within the State of Florida, United States
of America. Those who choose to access Playverse 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. Software from Playverse is further
subject to United States export controls. No software from Playverse may be
downloaded or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to
which the U.S. has embargoed goods; or (ii) 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.
ARBITRATION/CLASS ACTION WAIVER
You agree that this Agreement
is deemed to have been made and executed in the State of Florida, U.S.A., and
any dispute arising hereunder must be resolved in accordance with the law of Florida.
Subject to the Dispute Resolution/Binding Arbitration/Class Action Waiver
below, you agree that any claim asserted in any legal proceeding by you against
Trendy must be commenced and maintained exclusively in any state or federal
court located in Alachua County, Florida, having subject matter jurisdiction
with respect to the dispute between the parties and you hereby consent to the
exclusive jurisdiction of such courts. In any dispute arising under this Agreement,
the prevailing party will be entitled to attorneys’ fees and expenses.
In order to expedite and
control the cost of disputes, you and Trendy agree that any legal or equitable
claim relating to this Agreement (referred to as Claim) will be resolved as follows:
Most user concerns can be
resolved by use of our Trendy support site. If we are unable to resolve your
concerns and a dispute remains between you and Trendy, this Section explains
how we agree to resolve it.
YOU AND TRENDY AGREE TO RESOLVE
ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT
INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (I)
ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (II) THIS AGREEMENT; OR (III) YOUR
USE OF PLAYVERSE, YOUR ACCOUNT OR THE SOFTWARE. IT APPLIES REGARDLESS OF
WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR
COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.
However, this Section does not
apply to the following types of claims or disputes, which you or Trendy may
bring in any court with jurisdiction: (i) claims of infringement or other
misuse of intellectual property rights, including such claims seeking
injunctive relief; and (ii) claims related to or arising from any alleged unauthorized
use, piracy or theft.
This Section does not prevent
you from bringing your dispute to the attention of any federal, state, or local
government agencies that can, if the law allows, seek relief from us for you.
An arbitration is a proceeding
before a neutral arbitrator, instead of before a judge or jury. Arbitration is
less formal than a lawsuit in court, and provides more limited discovery. It
follows different rules than court proceedings, and is subject to very limited
review by courts. The arbitrator will issue a written decision and provide a
statement of reasons if requested by either party.
YOU UNDERSTAND THAT
YOU AND TRENDY ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL
BEFORE A JUDGE OR JURY.
The Federal Arbitration Act
applies to this Section. The arbitration will be governed by the Commercial
Arbitration Rules of the American Arbitration Association (AAA) and, where applicable, the AAA’s Supplementary Procedures for
Consumer Related Disputes, as modified by this Agreement, both of which are
arbitrator is bound by the terms of this Agreement.
The AAA will administer the arbitration. It may
be conducted through the submission of documents, by phone, or in person in the
county where you live or at another mutually agreed location.
The the arbitration costs, including arbitrator
compensation, will be split between you and Trendy according to the AAA
Commercial Arbitration Rules and the AAA’s Supplementary Procedures for
Consumer Related Disputes, if applicable.
YOU AND TRENDY AGREE NOT TO BRING
OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL
ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’s PROCEDURES OR RULES WOULD
OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S
You and Trendy also agree not to seek to
combine any action or arbitration with any other action or arbitration without
the consent of all parties to this Agreement and all other actions or arbitrations.
If the agreement in this
Section not to bring or participate in a class or representative action,
private attorney general action or collective arbitration should be found
illegal or unenforceable, you and Trendy agree that it shall not be severable,
that this entire Section shall be unenforceable and any claim or dispute would
be resolved in court and not in collective arbitration.
Notwithstanding this Section,
you have the right to litigate any dispute in small claims court, if all the
requirements of the small claims court, including any limitations on
jurisdiction and the amount at issue in the dispute, are satisfied.
This Section shall apply to the
maximum extent permitted by applicable law.
The UN Convention on Contracts
for the International Sale of Goods is expressly disclaimed. Our failure to act
with respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. We may assign or transfer this
Agreement to an affiliate or to a successor in a merger of sale of
substantially all our assets. You may not assign or transfer this Agreement or
your rights hereunder, and any attempt to the contrary is void. This Agreement
sets forth the entire understanding and agreement between us and you with
respect to the subject matter hereof. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not affect the interpretation of this Agreement. If
any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
Revised. July 21, 2014