Updated: January 15, 2013

Terms of Service for Games Published on this Website

READ these Terms of Service CAREFULLY BEFORE PLAYING ANY OF THE GAMES ON THIS WEBSITE, it contains valuable information and is a legal document that addresses the use and operation of online games provided by Playgistics, Inc. d/b/a "GoPlay". GoPlay is a service that delivers fun and entertaining computer games to website publishers. You have arrived at these Terms via a link provided on a game provided by GoPlay. So... if you are reading this link you are you using our service. Thanks!

By using the GoPlay service, you agree to the rules and obligations we describe in these "Terms of Service" ("Terms").

It is important to know the website operator publishing our games may have other terms and privacy policies governing the use of their site. We recommend that you and anyone who wishes to play any of the games or do anything on this website read ALL of the applicable Terms and Privacy Policies before accessing and using any of the Features.

GoPlay (the "Service") allows Users ("You") to interact and play games with a network of friends. By using the GoPlay service, you acknowledge that you have read, understood, and agree to be bound to these Terms of Service, including the End User License Agreement, Privacy Policy, and Code of Conduct which are incorporated into these Terms by this reference. If you do not agree to all of these Terms of Service, do not use this Service! Playgistics, Inc., d/b/a GoPlay ("GoPlay" or "GoPlay.com" or "us" or the "Service") may revise and update these Terms of Service at any time, without notice to you. In addition, when using particular GoPlay owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which guidelines or rules also may be modified without prior notice from time to time. To keep abreast of changes to our Terms of Service, you should check often and see they have been updated since your last review. Your continued usage of the service will mean you accept those changes. We provide you with access to GoPlay and the services that others and we provide to you through GoPlay, in consideration of (in exchange for) your promise to observe these rules. We also provide you with access to the GoPlay service in consideration of certain rights and permissions you provide to us, as described below, in connection with your becoming a GoPlay "User."

GOPLAY RESERVES THE RIGHT TO REMOVE ANY MEMBER FOR ANY OR NO REASON FROM THE GOPLAY SERVICE/NETWORK. YOU ACKNOWLEDGE AND AGREE THAT GOPLAY MAY STORE REMOVED INFORMATION AT ITS SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT GOPLAY SHALL HAVE A RIGHT TO DISPLAY PUBLIC INFORMATION OF REMOVED ACCOUNTS. YOU ACKNOWLEDGE AND AGREE THAT GOPLAY IS NOT LIABLE FOR ANY LOST OR INTENTIONALLY DELETED INFORMATION OR DATA.REGISTRATION DATA AND CERTAIN OTHER INFORMATION ABOUT YOU IS SUBJECT TO OUR PRIVACY POLICY. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE TERMS OF THE PRIVACY POLICY.

Who Can Use This Service?

Anyone over the age of 13 (or older, if posted upon signup) is allowed to use this Service. If you are under 13 (or older, if posted upon signup) years of age do not use this Service.The GoPlay Service is for the personal use of individual Users only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive to GoPlay or otherwise. Organizations, companies, and/or businesses may not become users of GoPlay and should not use the GoPlay for any purpose. Illegal and/or unauthorized uses of GoPlay, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. In addition, you may not register for a User Account on behalf of an individual or impersonate another individual. Furthermore, you may not use or attempt to use another's User Account without authorization from us. Users are also forbidden from intimidating, harassing or harming Users whilst using or accessing this Service. Users who do not abide by the Code of Conduct, set forth in these Terms of Service, will have their accounts suspended or terminated.

Services Provided by GoPlay

The GoPlay Service provides its users with access to various communications tools, forums, third-party promotional (advertising) campaign tools, networking services, attachments, games, and branded programming through its network of properties which may be accessed through various mediums or devices now known or hereafter developed (the "Service"). You understand and agree that the Service may include advertisements and other third party promotional materials, campaigns and tools (including without limitation cookies, flash cookies, beacons, and similar devices used by GoPlay or third parties), and that these advertisements, promotions and related activities are necessary and essential for GoPlay's business and, therefore, for GoPlay to be able to continue to provide the Service to you and its other Members. You also understand and agree that the Service may include certain communications from GoPlay, our game developer partners and/or the operator of the host website, such as service announcements, administrative messages, invitations to participate in promotional activities and the Newsletter. Receiving these communications is a condition of your User membership, and you will not be able to opt out of receiving them.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including, but not limited to, the release of new GoPlay features, applications and promotional campaigns, shall be subject to the Terms. You acknowledge and agree that the Service is provided "AS-IS" and that GoPlay assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Member communications or personalization settings. You acknowledge and agree that you are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet Service Provider or airtime charges). You agree that you are responsible for such fees, including but not limited to any fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Your User Account

When you sign up to become a User and create a user account ("User Account"), you do so by creating a unique username and password, via a loyalty/players club account or by using Facebook Connect. Facebook Connect is a service provided by Facebook.com. In order to use GoPlay you need a Facebook user account. To get a Facebook account you will need to sign up at: www.facebook.com. At the time you connect to GoPlay with Facebook Connect, you will prompted to approve the connection and certain information that your Facebook account will provide GoPlay. If you are unwilling to provide such information -- immediately cancel the Facebook Connect sign up. You are entirely responsible for maintaining the confidentiality of your User Account. You agree not to use the User Account, User profile, username, or password of another User at any time. You agree to notify us immediately if you suspect any unauthorized use of your User Account or User profile. You are solely responsible for any and all use of your User Account and User profile.

Service Fees

You acknowledge that GoPlay reserves the right to charge for any portion of the GoPlay Services and to change its fees (if any) from time to time in its discretion. If GoPlay terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

Non-Wagering Games

The Service provides free to play games (aka "Applications") from third-party Developers which may include a virtual, in-game currency ("Virtual Currency") including, but not limited to coins, cash, credits, or points, that may be purchased from for "real world" money if you are a legal adult in your country of residence. The Service and its Applications may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from Service and its third-party Application Developers for "real world" money or for Virtual Currency.

Games provided by the Service can be played for free without the user having to acquire Virtual Goods. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from Service, its third-party Application Developers or any other party.

Outcomes are certain for all games on this Service and as such no monies or instruments of representative value can be withdrawn from the Service. What this means is NO WAGERING IS PERMITTED. The Applications offered through the Services do not replicate the odds of winning or the payouts of similar games or machines found in casinos licensed for real money gambling/wagering. "Wagering" is defined here as "a sum of money or representative of value that is risked on an occurrence for which the outcome is uncertain."

Users of this Service may also occasionally be presented with promotions from the Service or third party companies. No purchases are required to be eligible to receive said promotional items or services offered via the use of this Service.

Virtual credits earned during online play generally DO NOT transfer to casino loyalty programs. However it is always best to check with your casino player relationship manger.

Use of the Service constitutes your acceptance of these terms and other terms posted herein or linked to this website.

Terms

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the GoPlay Services or are a User. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. GoPlay may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, GoPlay reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, "messages") by you, or to deny, restrict, suspend, or terminate your access to all or any part of the GoPlay Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. GoPlay expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the GoPlay Services if GoPlay determines, in its sole discretion, that you have violated this Agreement or pose a threat to GoPlay, its employees, business partners, Users and/or the public.

Modifications

You agree that we may modify this Agreement, the Code of Conduct, End User License Agreement ("EULA"), and Privacy Policy from time to time and such modification shall be effective when posted by GoPlay on the Service. Your continued use of this Service shall serve as your consent to be bound by any such modifications.

Ownership

The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

Except for the Content owned and posted to the Service by users or our strategic partners, all Materials are the copyrighted property of Playgistics, Inc., GoPlay, GoPlay.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to GoPlay or its affiliates and/or third-party licensors. Except as expressly authorized by GoPlay, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

Content Postings

You agree to the following conditions regarding any content, messages, blogs, media, photos, or profile information (collectively, "Content") that you publish, post, or display (hereinafter, "post") on the Service:

GoPlay may delete any content that in its sole judgment violates this Agreement, the "Code of Conduct" or which might be offensive, illegal, and inappropriate or that might violate the rights, harm, or threaten the safety of users.
Your profile must describe you as an individual - examples of inappropriate profiles include profiles of animals, places, inanimate objects, companies, products, fictional characters, or a real individual who is not you. GoPlay does not allow these inappropriate profiles, as they detract from the user experience and could be construed as misleading. You are solely responsible for the content that you post or transmit on the Service. Fan Pages are operated by separate entities, corporations, and companies.
All photos uploaded to GoPlay remain property of their owners unless otherwise specified.
You reserve all rights over your images. To operate the Service and display your photos as you request, intellectual property laws require GoPlay to obtain from you a "license." For this reason you grant to GoPlay a worldwide, non-exclusive, fully paid, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content submissions in connection with the Service and GoPlay's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You understand, and agree that, unless expressly stated, GoPlay in no way controls, verifies, or endorses any of the Content on the Service, including links, events, messages, message boards and users' published listings.

Code of Conduct

You hereby agree that you will not:

submit material or content to GoPlay that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GoPlay all of the license rights granted herein;
submit material or content unless you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize GoPlay and GoPlay's account holders to use your content submissions as contemplated by these Terms and in accordance with any applicable Creative Commons licenses;
publish falsehoods or misrepresentations that could damage GoPlay or any third party;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
post advertisements or solicitations of business; or
impersonate another person.

Digital Millenium Copyright Act Compliance

It is GoPlay's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or an agent thereof, and you believe that any content hosted on the GoPlay Service infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing GoPlay's Designated Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the GoPlay Service are covered by a single notification, a representative list of such works on the GoPlay Service
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GoPlay to locate the material
Information reasonably sufficient to permit GoPlay to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law"
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content").

GoPlay's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: E-mail: copyrightagent@goplay.com Mail: Attn: GoPlay Copyright Agent 1607 Pontius Avenue Los Angeles, CA 90025 United States of AmericaFor clarity, only DMCA notices should go to the GoPlay Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to GoPlay customer service at info@goplay.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. GoPlay will promptly terminate without notice the accounts of those determined by GoPlay to be "repeat infringers".

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

DMCA Notifications

It is GoPlay's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. GoPlay will promptly terminate without notice any member's access to the GoPlay Services if that member is determined by GoPlay to be a " repeat infringer." A repeat infringer is a user who has been notified by GoPlay of infringing activity violations more than twice and/or who has had a member content submission or any other member-posted content removed from the GoPlay Services more than twice.

Payments Terms

When you make payments through GoPlay, you agree to these Payments Terms.

Purchases -- When you confirm a transaction on GoPlay, you agree to be bound by and pay for that transaction. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying. Don't commit to a transaction unless you are ready to pay. All sales are final. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. You may be presented with additional terms related to a specific purchase before you confirm the transaction. Those additional terms will also govern that transaction. Even though GoPlay and its Third Party Content Providers use terms like "purchase," "buy," "sell," and "order" to talk about transactions related to virtual gifts and Virtual Coins, GoPlay and its Third Party Content Providers don't transfer an ownership interest in those items. For example, the virtual gifts GoPlay and its Third Party Content Providers make available through our virtual shopping areas are licensed to you, not sold. GoPlay AND ITS THIRD PARTY CONTENT PROVIDERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON, THROUGH, OR FACILITATED BY GoPlay.
Payments -- When you provide a payment source to our Third Party Content Providers or us you confirm that you are permitted to use that payment source. You also authorize our Third Party Content Providers or us to collect and store it, along with other related transaction information. When you make a payment, you authorize our Third Party Content Providers, or us (and of our collective designated payment processors) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card our Third Party Content Providers, or we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. Our Third Party Content Providers, or we will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
Virtual Coins -- You may purchase Virtual Coins (or "Coins") from our Third Party Content Providers, or us to purchase in-game virtual goods, or to send gifts or special messages to other users. When you purchase or receive Virtual Coins, you do not own the Coins. Rather, you receive a limited right to use such Coins in connection with certain features on GoPlay or with sections of the site controlled by our Third Party Content Providers, such as the purchase of a virtual gift. Purchases of Virtual Coins are non-refundable. You will not sell Virtual Coins to anyone, or transfer them to anyone outside of GoPlay or its Third Party Content Providers. Our Third Party Content Providers or we may change the purchase price for Virtual Coins at any time as well as the ways that you can use or transfer Virtual Coins. Our Third Party Content Providers or we also reserve the right to stop issuing Virtual Coins. Virtual Coins are not redeemable for any sum of money or monetary value from Our Third Party Content Providers or us unless they or we agree otherwise in writing. If you leave a balance of Virtual Coins unused for three years, our Third Party Content Providers or we may redeem those Virtual Coins by donating the Coins to a nonprofit organization of our choice (and charging standard redemption fees for those transactions). If you deactivate your account and do not reactivate it within 6 months, or if you delete your account, you will lose any accumulated Virtual Coins. If our Third Party Content Providers or we deactivate your account and you do not meet any conditions necessary to reinstate it within 6 months, our Third Party Content Providers or we may redeem those Virtual Coins by donating the Coins to a nonprofit organization of our choice (and charging standard redemption fees for those transactions). If you receive free or promotional Virtual Coins, our Third Party Content Providers or we may expire them at any time.
Actions -- As part of our effort to keep GoPlay safe, our Third Party Content Providers or we may take certain actions to reduce liability for users our Third Party Content Providers and us. Our Third Party Content Providers or we may make any inquiries that Our Third Party Content Providers or we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. Our Third Party Content Providers or we may cancel any transaction if we believe the transaction violates these Payments Terms or the Statement of Rights and Responsibilities, or our Third Party Content Providers or we believe doing so may prevent financial loss. Our Third Party Content Providers or we may place a delay on a payment for a period of time, limit payment sources for a transaction, and limit your ability to make a payment or deactivate your account if our Third Party Content Providers or we believe doing so may prevent financial loss. Our Third Party Content Providers or we may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if Our Third Party Content Providers or we believe doing so may prevent financial loss or a violation of law. If your account is deleted because you violated the Terms of Service then you will lose any accumulated Virtual Coins. If you delete your account, any accumulated Virtual Coins will also be lost. Our Third Party Content Providers or we may cancel any Virtual Coins transferred, assigned, or sold in violation of these Payments Terms or the Statement of Rights and Responsibilities.
Disputes -- If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify our appropriate Third Party Content Provider or us immediately, so that the Third Party Content Provider or we may take action to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to appropriate the Third Party Content Provider or us within 30 days after the charge. You are responsible for and agree to reimburse the appropriate Third Party Content Provider or us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by the appropriate Third Party Content Provider or us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent. We may intervene in disputes between users or Third Party Content Providers concerning payments but have no obligation to do so. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
Amendments -- Our Third Party Content Providers may provide notices to you by posting them on the portion of the Service controlled by the particular Third Party Content Provider. GoPlay will post them said notices on our portion of the Service. Our Third Party Content Providers or we may also send these notices to an email address or street address that you previously provided to either of us. Service and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within five business days of the time sent. Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by postal mail to: GoPlay, Attention: Legal Department, 1607 Pontius Ave. Los Angeles, Ca. 90025. For notices concerning transactions made with our Third Party Content Providers - please consult the contact information contained on the portion of our Service controlled by them. The Payment Terms in place at the time you confirm a transaction will govern that transaction. Our Third Party Content Providers or we may change these Payment Terms, in whole or in part, even though the changes may affect accumulated Virtual Coins.
Miscellaneous -- In the event of any conflict between these Payments Terms and our Terms of Service, the Payments Terms shall prevail. If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them. Some countries may restrict or prohibit your ability to make payments through GoPlay. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws. If your account is deleted because you violated the Terms of Service then you will lose any accumulated Coins.

Practices Regarding Use and Storage

You acknowledge that GoPlay may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GoPlay's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. GoPlay reserves the right to restrict the number of messages which a member may send to other users in any 24-hour period to a number which GoPlay deems appropriate in its sole discretion. You agree that GoPlay has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that GoPlay reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GoPlay reserves the right to modify these general practices and limits from time to time.

Links to Third Party Sites

Linked Services created by third party service providers aka "developers" may be available on, through or in connection with GoPlay. Links to third party websites are provided for your convenience and information only. Third party websites are not under GoPlay's control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites; nor can GoPlay guarantee that sites will not change without our knowledge. The inclusion of a link on this Service does not imply GoPlay's endorsement of said third party website, nor that are we affiliated with the third party website's owners or sponsors. The material and information on third party websites, including any merchandise, information or service provided through these websites, is provided "as is" with all faults and without warranty of any kind from GoPlay, expressed or implied. In no event shall GoPlay be liable for any direct damages, special, incidental or consequential damages, lost profits, or any indirect damages arising from the use or inability to use these third party websites, even if GoPlay has been informed of the possibility thereof. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your GoPlay User Account or shared with other Users on GoPlay or which may link to your GoPlay account from outside of the GoPlay Service. Linked Services may use your GoPlay user profile information, friends and/or other profile content on the Linked Service and share activity events between GoPlay and the Linked Service (depending on the features the Linked Service chooses to make available).

When you engage with a third party Linked Service, you are interacting with the third party, not with GoPlay. GoPlay does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. GoPlay is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). GoPlay encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting.

Content from other Members, advertisers, and other third parties may be made available to you through GoPlay and our Service. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.

Transactions with Third Parties

GoPlay will not be liable for your interactions with any organizations and/or individuals found through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that GoPlay is not responsible for any damage or loss incurred as a result of any such dealings. GoPlay is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release GoPlay, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service. Please refer to our Payment Terms for further information regarding third-party transactions.

Disclaimers

GoPlay is not responsible for any incorrect, inaccurate, offensive, or inappropriate content posted on the service, whether caused by any user or member of the service or by any of the equipment or programming associated with or utilized in the service. GoPlay is not responsible for the conduct, whether online or offline, of any user or member of the service. GoPlay assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications.GoPlay is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or account holders or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service.

Under no circumstances will GoPlay be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the service, any content posted on the service or transmitted to users, or any interactions between users of the service, whether online or offline. The service is provided "as is" and GoPlay expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GoPlay cannot guarantee and does not promise any specific results from use of the service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by a user from GoPlay or from the service shall create any warranty not expressly stated herein.

Limitations of Liability

You expressly understand and agree that GoPlay shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GoPlay has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Governing Law

Your use of the Service and this Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Service will be filed only in the state or federal courts in and for Los Angeles, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Indemnity

You agree to defend, indemnify and hold harmless GoPlay with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, GoPlay retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against GoPlay herein under the terms and provisions of this section and in no event shall you settle any such claim without GoPlay's prior written approval.

No Agency

The terms and provisions of this Agreement will not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between GoPlay and any member of the Service. A member may not bind or obligate GoPlay without its prior written consent.

International Users

GoPlay is based in Los Angeles, California, in the United States of America. GoPlay makes no claims that the Materials or Technology is appropriate or may be downloaded outside of the United States and its territories or Canada. Access to the Materials or Technology may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

User Disputes

You are solely responsible for your interactions with other GoPlay Users, third party developers or any other parties with whom you interact through the GoPlay Services and/or Linked Services. GoPlay reserves the right, but has no obligation, to become involved in any way with these disputes.

Feedback

Any comments or materials sent to GoPlay including feedback data, such as questions, comments, suggestions, or the like regarding the Materials or the Technology, the Service or any other products or programs of GoPlay (collectively "Feedback"), shall be deemed to be non-confidential. GoPlay shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, GoPlay shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Miscellaneous

This Agreement, accepted upon any use of the Service and further affirmed by becoming a member of the Service, and our Privacy Policy, End User License Agreement, and other agreements or policies referenced herein or therein contain the entire agreement between you and GoPlay regarding the use of the Service. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GoPlay without restriction. The failure of GoPlay to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement will remain in effect after your GoPlay account is canceled or terminated.

You and GoPlay agree that any cause of action arising out of or related to the service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

The services hereunder are offered by GoPlay, located at: 1607 Pontius Ave., Los Angeles, California, 90025, United States of America; e-mail: info@goplay.com. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.

End User license Agreement (EULA)

READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.

By using this service ("Service"), you signify your agreement to this End User License Agreement, the Terms of Service, and Privacy Policy. If you do not agree to all of this End User License Agreement, do not use this site! Playgistics, Inc., d/b/a GoPlay ("GoPlay" or "GoPlay.com") may revise and update this End User License Agreement at anytime. Your continued usage of the Service will mean you accept those changes. This End User License Agreement is incorporated into the GoPlay Terms of Service, which together with our Privacy Policy and the Code of Conduct constitute the entire "Agreement" between you and GoPlay.

The information, artwork, text, video, audio, media files or pictures displayed or contained on the Service (collectively, the "Materials") and the software, technology and products, including the GoPlay File Format and any relevant documentation downloadable or accessible from the Service (the "Technology") are protected by copyright, patent, trademark and other laws under both United States and foreign laws.Unless otherwise stated, you may only access, view and use the Materials or Technology for personal or educational, non-commercial purposes. You may not use the Materials or Technology for any other purpose or reproduce or modify the Materials or Technology without GoPlay's authorization. Except as authorized by GoPlay, you may not print, copy, download, reproduce, republish, post, transmit or distribute any of the Materials or Technology. You may print only one copy of the Materials for personal or educational, non-commercial purposes, and on the copy you must include the following copyright notice: "Copyright 2012 Playgistics, Inc. All rights reserved" and any other copyright notice originally included with the Materials.

The Technology available on this Service may be licensed pursuant to separate license agreements, which will be presented to you prior to download or access of the Technology. All title and copyrights in and to the Technology, and any copies thereof, are owned by GoPlay and/or its suppliers. You may only access or download and use the Technology if you have agreed to, and comply with, the license agreement that is applicable to such Technology and your use of the Technology. Any unauthorized reproduction or redistribution of the Technology or Materials is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not reverse engineer, disassemble, modify or decompile any Technology or Materials. Violators will be prosecuted to the maximum extent possible. COPYING OR REPRODUCTION OF THE TECHNOLOGY OR MATERIALS TO ANY OTHER SERVICE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF GoPlay. You may not attempt to "pass-off" any of GoPlay' Materials or Technology as your own work. Title to the Materials and Technology remains with GoPlay or its licensors. Any use of the Materials and Technology not expressly permitted by these Terms of Service or a separate agreement with GoPlay is a breach of these Terms of Service and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to GoPlay and its licensors. If you violate any of these Terms of Service or the applicable license, your permission to use the Materials and Technology automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials or the Technology.

Special Offers

From time to time, the operator of this website, Goplay or one of the Third Party Content Providers may offer users the opportunity to participate in a sweepstakes, contests or special offers. Rules and information will be posted here.

Input

GoPlay appreciates your feedback. To reach us, send an email to: info@goplay.com. We read every email we receive, and will respond to your questions. Let us know what you like, what you don't like, and if there is anything we can change or add to make the GoPlay service even better. ALSO... please let the host of this website know your feedback as well. Their CONTACT INFORMATION will generally be available at the bottom of every webpage.

GoPlay