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)..
Print or Download. Please print and download a copy of this Agreement for your records.
Personal Use. 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 ( User Materials ). 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. .
C. 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.
D. 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 Security Disclaimer . 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
Playverse's communication 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, Trendy Communication Features ).
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.
B. Rules of Conduct.
You may not do any of the following while accessing or using Playverse or any Trendy Communication Features:
· 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;
· participate 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;
· participate 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;”
· use any 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;
· access or 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 Communication Feature;
· 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);
· spam 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 information; or
· 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.
C. 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.
E. Epilepsy Warning
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 date), and
· 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.
Your purchase of any fee based content, games or services via Playverse is subject to our Sales Policies which are on www.playverse.com .
Evolution of Games . You 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.
A. 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.
B. 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.
C. Fan Sites
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 prohibited.
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.
D. 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 claimed infringement.
E. 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
a. 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,
b. 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,
c. 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,
d. promise that you are the copyright owner of the material or have all rights necessary to authorize its unfettered use and distribution, and
e. 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.
F. PLAYVERSE CREDIT AND OTHER VIRTUAL GOODS
1. Playverse Credit.
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.
For example , you may have the opportunity to acquire Playverse Credit by participating in or by completing certain tasks or objectives in one of our Playverse games.
We may also offer Playverse Credit to you for free through one of our promotional campaigns.
We may offer Playverse Credit to you for sale in-game or through Playverse or at retail in the form of Playverse Gift Cards.
Playverse Credit is sold in bundles and the price may vary depending on the amount you purchase and the location it is being purchased.
Please 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 Account.
We may 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.
No 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 www.playverse.com and 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.
2. Virtual Goods.
Trendy retains the unfettered right to modify its games and all aspects of characters, items, points and in game coin (collectively, Virtual Goods) therein.
· 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 Virtual Goods (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.
G. 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.
WITHOUT 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
A. DISCLAIMER OF LIABILITY
NEITHER 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.
TO THE 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 RISK.
B. LIMITATION OF LIABILITY
SUBJECT 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.
IN NO 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.
IN THE 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.
SOME 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.
NEITHER 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.
THE Trendy PARTIES DO NOT WARRANT OR GUARANTEE ANY ITEM OR SERVICE OFFERED BY A THIRD PARTY THROUGH PLAYVERSE AND NONE OF THE Trendy PARTIES WILL MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
B. FOR KIDS - UNDER AGE 13
C. FOR PARENTS
D. 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 game which
1. enable or facilitate cheating;
2. allow users to modify or hack the applicable game interface, environment, or experience in any manner not authorized by Trendy; or
3. intercept, "mine" or otherwise collect information from or through the applicable game (Unauthorized Software).
If a game detects any Unauthorized Software,
1. the 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
2. Trendy may exercise its rights and remedies under this Agreement or the applicable license agreement without prior notice to the user linked to such Unauthorized Software.
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.
E. EXPORT CONTROL
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.
F. LAW/ DISPUTE RESOLUTION/BINDING 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 available at https://www.adr.org . The 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 INDIVIDUAL CLAIM. 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 provisions.
Revised. July 21, 2014