Terms of Use

TERMS OF USE

Last Revised: July 1, 2020

These Terms of Use (the “ Agreement”) form a legal agreement between Press Play Inc. (“Press Play”, “we” or “us”) and you (“you” or “User”) and applies to your use of any of Press Play’s software, products, services, sites, games or applications, on all electronic devices (web, mobile, tablet and any other device) sites (the “Service”).

Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame. See Section 16 for more information. BY ACCESSING THE GAMES OR CREATING AN ACCOUNT WITH US, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS.  EACH GAME ALSO IS GOVERNED BY ITS OWN OFFICIAL RULES (“GAME RULES”), WHICH ARE HEREBY INCORPORATED INTO AND CONSIDERED PART OF THIS AGREEMENT.  BY PLAYING THE GAME, YOU AGREE TO BE BOUND BY THOSE RULES.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, CONNECT TO, ACCESS OR USE (OR CONTINUE TO USE) ANY OF THE GAMES.

  1. ACCESS TO THE SERVICE. The Service is owned and operated by Press Play and is made available solely for your own use, and not for the use or benefit of any third party.  Press Play may change, suspend, modify or discontinue the Service at any time, including the availability of any feature or game.  Press Play may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.  Press Play reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice in its mobile applications or by sending you a notice via email or postal mail.  You shall be responsible for reviewing and becoming familiar with any such modifications.  Your use of the Service following such notification constitutes your acceptance of the Agreement as modified.
  2. ELIGIBILITY. The Service is open only to legal residents of the United States who are at least eighteen (18) years old and the age of majority in their jurisdiction at the time of their participation.  Notwithstanding the foregoing, PERSONS LOCATED IN WASHINGTON MAY NOT USE THE SERVICE.  Each player may maintain only one active Account on the Service.  Use of multiple Accounts is a violation of this Agreement.
  3. REGISTRATION AND SECURITY. As a condition to using some aspects of the Service, you may be required to register an account with Press Play (an “Account”) by logging in with your Apple ID and providing your city and state (“Press Play Credentials”). We also may request other information at various points during your use of the Service.  You shall provide Press Play with accurate, complete and current information and are responsible for keeping it current and complete throughout your use of the Service.  Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account.  You may not (i) select or use the Press Play Credentials or other information of another person with the intent to impersonate that person; or (ii) use to register with us Press Play Credentials or other information subject to any rights of a person other than you without appropriate authorization.  Press Play reserves the right to refuse registration of or cancel an Account in its discretion.  You must supervise the use of your Press Play Credentials.  You will be responsible for all uses of the Service with your Press Play Credentials, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Press Play Credentials or unauthorized access to your Account, you must immediately notify us and, if necessary to prevent further unauthorized use, change your Press Play Credentials or close your Account.
  4. SERVICE CONTENT. All materials displayed or performed on the Service (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below))) are protected by copyright, trade dress, patent, and trademark laws, and other laws protecting intellectual property and related proprietary rights.  You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
    1. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Service in whole or in part.
    2. You may download or copy the Content (and other items displayed on the Application or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content.  You shall not store any significant portion of any Content in any form.  Copying or storing of any Content other than for personal, noncommercial use is expressly prohibited without prior written permission from Press Play or from the copyright holder identified in such Content’s copyright notice.  If you link to the Service, Press Play may revoke your right to so link at any time, at Press Play’s sole discretion.  Press Play reserves the right to require prior written consent before linking to the Service.
    3. In the course of using the Service, you and other users may provide information to Press Play.  You understand that by posting information or content on or through the Service (including in any game) (collectively, “User Submissions”), those User Submissions may be visible to others, and Press Play hereby is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights), 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 also hereby do and shall grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under this Agreement.  Furthermore, you understand that Press Play retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you.  For clarity, the foregoing license grant to Press Play does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
    4. You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated and that Press Play will not be liable for any errors or omissions in any content.  You understand that Press Play cannot guarantee the identity of any other users with whom you may interact in the course of using the Services.  Additionally, Press Play cannot guarantee the authenticity of any data which users or merchants may provide about themselves.  You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
    5. Under no circumstances will Press Play be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
  5. RESTRICTIONS. You warrant, represent and agree that you will not contribute any Content or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities or sales without Press Play’s prior written consent; (v) impersonates any person or entity, including without limitation any employee or representative of Press Play; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.  Press Play reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Press Play is concerned that you may have breached the immediately preceding sentence), or for no reason at all.  You, not Press Play, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Service, and you warrant that you possess all rights necessary to provide such content to Press Play and to grant Press Play the rights to use such information in connection with the Service and as otherwise provided herein.  You are responsible for all of your activity in connection with the Service.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Service.  You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, Account, or private information from any other user of the Service.  Use of the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.  You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure.  Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any part of the Service is strictly prohibited.  You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service.  You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Service.
  6. WARRANTY DISCLAIMER.  Press Play has no special relationship with or fiduciary duty to you.  You acknowledge that Press Play has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.  You release Press Play from all liability for you having acquired or not acquired Content through the Service.  The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.  Press Play makes no representations concerning any content contained in or accessed through the Service, and Press Play will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.  Press Play makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service.  THE SERVICE, INCLUDING BUT NOT LIMITED TO THE CONTENT, GAMES AND ANY PRIZES YOU MAY WIN OR RECEIVE, IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  7. PRIVACY POLICY. For information regarding Press Play’s treatment of personally identifiable information (other than any personally identifiable information that may be included in User Submissions, which are addressed in Section 4.3 above), please review Press Play’s current Privacy Policy at https://press-play.helpscoutdocs.com/article/37-privacy-policy, which is hereby incorporated by reference.  Your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Press Play’s Privacy Policy.
  8. INDEMNITY.  You will indemnify and hold Press Play, its parents, subsidiaries, affiliates, officers, employees, agents, licensors, suppliers and subcontractors harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access or use of any part of the Service, your violation of this Agreement, or the infringement by you or any third party using your Account of any intellectual property or other right of any person or entity.
  9. LIMITATION OF LIABILITY AND RELEASE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS AND SUBCONCTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE SERVICE OR ANY OTHER ACT OR OMISSION BY US.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL PRESS PLAY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS AND SUBCONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID PRESS PLAY IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PRESS PLAY ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PRESS PLAY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL AND BARGAINED-FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THIS AGREEMENT.

YOU HEREBY RELEASE AND AGREE TO HOLD HARMLESS PRESS PLAY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, AND SUBCONTRACTORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND GENTS FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY CLAIM IN CONNECTION WITH, INJURY OR DAMAGE TO YOU OR TO ANY OTHER PERSONS'S PHONE OR PROPERTY RELATED TO OR RESULTING FROM USING OR ACCESSING THE SERVICE, INCLUDING WIHTOUT LIMITATION ANY GAME OR PRIZE, AND INCLUDING WITHOUT LIMITATION ND EXPENSES INCURRED TOWARDS MOBILE CARRIER, FEES, INTERNET PROVIDER FEES, BANK AND FINANCIAL INSTITUTION FEES, OR OTHER SUCH FEES.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “ A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

Depending on where you reside and use the Service, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you solely to the extent so prohibited.

10.  FEES AND PAYMENT. Although our Service is currently free to users, Press Play reserves the right to require payment of fees for certain or all aspects of the Service.  Press Play reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the relevant application.  Your use of the Service following such notification constitutes your acceptance of any new or increased charges.  Any fees paid hereunder are non-refundable.

11.  Virtual Items and Game Play.  In the course of using the Service you may win or earn certain virtual game credits, virtual play money coins, tickets, tokens, points and other virtual in-game items ("Virtual Items"). You understand that you have no right or title in the Virtual Items appearing or originating in any game, whether “earned” or “won”, or any other attributes associated with an Account or stored on the Service. Virtual Items are licensed to you by us for your personal use through the Service. You may not transfer, purchase, sell or exchange Virtual Items outside the Service, or attempt to sell, give or trade in the "real world" anything that appears or originates in the Service. Any such attempted transfer shall be null and void and may result in termination of your Account and legal action taken against you. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Items with the Service, you have no right or title in or to any such Virtual Items. We retain the right to manage, regulate, control, modify and delete Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. We may selectively remove or revoke your license to use or associate Virtual Items with your Account without notice at our sole discretion.  Availability and features of Virtual Items are subject to change without notice.

12.  REFERRAL PROGRAM.  Individual games offered as part of the Service may offer referral programs.  If a particular game offers such a program, the details of the program will be set out in the applicable Game Rules.  Nothing in any Referral Program shall be construed to cause you and Press Play to be considered partners, joint venturers or otherwise affiliated.  We are independent contractors, and neither you nor Press Play has any right or authority to bind the other in any way.  Accordingly, you shall not commit Press Play to any agreement, promise, guarantee, representation or warranty of any kind.

13.  THIRD PARTIES AND THIRD PARTY WEBSITES.

a. The Services may contain link to third party websites or services (“Third Party Websites”) that are not owned or controlled by Press Play as described more fully in our Privacy Policy, which can be viewed at https://press-play.helpscoutdocs.com/article/37-privacy-policy. When you access Third Party Websites, you do so at your own risk.  You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement.  Press Play has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites.  In addition, Press Play will not and cannot monitor, verify, censor or edit the content of any Third Party Website.

b. By using the Service, you expressly relieve and hold harmless Press Play from any and all liability arising from your use of any Third Party Website.  Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You agree that Press Play shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between you and any third party, you understand and agree that Press Play is under no obligation to become involved.  In the event that you have a dispute with one or more other users, you hereby release Press Play, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

14.  TERMINATION. This Agreement shall remain in full force and effect while you use the Service.  You may terminate your use of the Service at any time.  Press Play may terminate or suspend your access to the Service at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your Account.  Press Play may also terminate or suspend any and all aspects of the Service immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement.  Upon termination of your Account, your right to use or access the Service will immediately cease.  All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15.  Governing Law and Judicial Forum. This Agreement will be interpreted in accordance with the laws of the State of Texas without regard to conflict- or choice-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. In the event that you have opted out of arbitration (as set out below) or that the agreement to arbitrate is otherwise found not to apply to you or your claim, you and Press Play agree that any judicial proceeding (other than as described above) may only be brought in a court of competent jurisdiction in Dallas County, Texas.   Both you and Press Play consent to venue and personal jurisdiction there. Notwithstanding the foregoing and the provisions of Section 16, you and Press Play may bring an action (i) to seek temporary judicial injunctive relief to prevent, stop or mitigate substantial harm until an arbitrator can be empaneled and has determined whether to continue, modify or terminate such relief, and (ii) in any court of competent jurisdiction to compel arbitration pursuant to Section 16 below, (ii) to enforce an arbitral award issued thereunder.

16.  Dispute Resolution and Agreement to Arbitrate on an Individual Basis

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PRESS PLAY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND PRESS PLAY CAN SEEK RELIEF FROM EACH OTHER.

    1. By agreeing to this Agreement, you and Press Play agree that any and all past, present and future disputes, claims or causes of action between you and Press Play arising out of or relating to this Agreement, the Service, the formation of this Agreement or any other dispute between you and Press Play or any of Press Play’s licensors, distributors, suppliers, subcontractors or agents (including any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below.  You and Press Play further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.
    2. Informal Dispute Resolution. Press Play wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Press Play, you agree to try to resolve the Dispute informally by contacting support@playpressplay.com. Similarly, if you have provided an email address to us as part of your Account registration, Press Play agrees to do the same. If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or Press Play may initiate an arbitration proceeding as described below.
    3. We Both Agree To Arbitrate. By agreeing to this Agreement, you and Press Play each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.
    4. Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting support@playpressplay.com within 30 days of first accepting this Agreement and stating that you (include your first and last name, and Press Play Credentials) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Press Play will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
    5. Arbitration Procedures and Fees. You and Press Play agree that the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) will administer the arbitration under its the Streamlined Arbitration Rules and Procedures (“SARP”) in effect at the time the arbitration is sought.  Those rules are available at www.jamsadr.com.  Arbitration will proceed on an individual basis and will be handled by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the SARP.  The arbitration proceeding and any award shall be confidential. You and Press Play further agree that the arbitration will be held in Dallas, Texas, or, at your election, will be conducted telephonically or via other remote electronic means. The SARP will govern payment of all arbitration fees. This Section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in this Agreement.
    6. Arbitration Shall Proceed Individually. You and Press Play agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Press Play may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Press Play will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
    7. Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR PRESS PLAY SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS 16.6 or 16.7 OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION.

    17.  COPYRIGHT DISPUTE POLICY.  Press Play has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf).  The address of Press Play’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section.  It is Press Play’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

    1. Procedure for Reporting Copyright Infringements:If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
    2. Identification of works or materials being infringed;
    3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Press Play is capable of finding and verifying its existence;
    4. Contact information about the notifier including address, telephone number and, if available, email address;
    5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

    2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Press Play’s policy:

    1. to remove or disable access to the infringing material;
    2. to notify the content provider, member or user that it has removed or disabled access to the material; and
    3. that repeat offenders will have the infringing material removed from the system and that Press Play will terminate such content provider’s, member’s or user’s access to the Services.

    3. Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

a. A physical or electronic signature of the content provider, member or user;

b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

c. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

d. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Press Play is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Press Play may send a copy of the counter-notice to the original complaining party informing that person that Press Play may replace the removed material or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Press Play’s discretion.

Please contact Press Play’s Designated Agent to Receive Notification of Claimed Infringement at the following address: 2919 Commerce Street, Suite 707, Dallas, TX 75226

18.  APPLE DEVICE TERMS. In the event you are using the Service in connection with a device provided by Apple, Inc. (“Apple”), the following shall apply:

a. Both you and Press Play acknowledge that this Agreement is concluded between you and Press Play only, and not with Apple, and that Apple is not responsible for the Application or the Content;

b. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;

c. You will only use the Application in connection with an Apple device that you own or control;

d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

f. You acknowledge and agree that Press Play, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

g. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Press Play, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

i. Both you and Press Play acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

j. Both you and Press Play acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

19.  MISCELLANEOUS.  The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.  Press Play shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Press Play’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).  If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sublicensable by you except with Press Play’s prior written consent.  Press Play may transfer, assign or delegate this Agreement and its rights and obligations without consent.  Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Press Play in any respect whatsoever.  Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

20.  CONTACT. If you have any questions, complaints, or claims with respect to the Service, you may contact us at support@playpressplay.com, 2919 Commerce Street, Suite 707, Dallas, TX 75226 or 214-970-0985

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