Ltd. ("PushPlay", "us", "our" or "we") has developed this Privacy Policy which details important information regarding the use and disclosure of user information collected on the website pushplay.com, which is owned and operated by PushPlay and any successor websites (the "Site"), and other interactive properties, including but not limited to any mobile applications (the Site and other PushPlay interactive properties are collectively referred to herein as the PushPlay Applications"). PushPlay provides this Privacy Policy to help you make an informed decision about whether to use, continue to use the services assessed through the PushPlay Applications ("Services"). This Privacy Policy is incorporated into and subject to PushPlay's Terms of Use: https://www.pushplay.com/support/ terms. Each time that you access or use PushPlay Applications you signify that you have read, understand, and agree to be bound by the Terms of Use, and this Privacy Policy. If you do not agree to the Terms of Use and this Privacy Policy, you must discontinue using the PushPlay Applications.
Contacting Us. When you provide us with information in connection with a particular activity or otherwise sign up for our services or provide your contact information, including an email address or telephone number in connection with that activity, product or service, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you future information about PushPlay using the information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
Registration Information. We will collect personal information from you when you register for any PushPlay membership, interact with our PushPlay Applications update your profile, interact with other users, and use various features of our PushPlay Applications. By signing up, you give us permission to store and display user information you have provided in order to provide the best possible experience on the PushPlay Applications.
Billing Information. We collect and store billing and credit card information. This information will only be shared with third parties who perform tasks required to complete the purchase transaction. Examples of this include fulfilling orders and processing credit/debit cards.
Surveys and Promotions. From time-to-time we may request information from you and other users via surveys. Participation in these surveys is completely voluntary so you and other users have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Survey information will be used for the purpose(s) of the survey, including the monitoring or improvement of the use and satisfaction of PushPlay Applications.
User Generated Content. Please remember that any information you disclose while participating on the public e-mail services, chat areas and/or other message, communication or other interactive forums accessed through the PushPlay Applications which are designed to enable you to communicate with others or to post content on the Sites ("Communication Services"), becomes public information, becomes the property of, and is subject to redistribution by, PushPlay. You should exercise caution and discretion when deciding to disclose your personal information in a submission or posting. There is no expectation of privacy when playing, posting, or otherwise participating on the Communication Services. If you post content, such as messages, photos and videos, please be aware that any personally identifiable information contained in such content is accessible to registered users or visitors to that PushPlay Application or Communication Service and we have no control over how those users may use your personally identifiable information. We have the right, but not the obligation, to monitor any activity and content associated with the Communication Services. We reserve the right to take action in connection with any content we deem to be inappropriate. Please review our Terms of Use for more information regarding your appropriate use of these areas.
In addition to any personal information or other information that you choose to submit to us, we and our
third-party service providers may use a variety of technologies that automatically (or passively)
collect certain information whenever you visit or interact with the PushPlay
Applications ("Usage
Information"). This may include the browser that you are using, the URL that referred you to
the PushPlay Applications, all of the areas within the PushPlay
Applications that you
visit, and the time of day, among other information. We may use the this Usage Information for a variety
of purposes, including to enhance or otherwise improve the PushPlay Applications. In
addition, we
collect your IP address or other unique identifier ("Device Identifier") for your computer or other
device used to access the PushPlay Applications (any, a "Device"). A Device
Identifier is a
number that is automatically assigned to the device used to access the PushPlay
Applications, and
our computers identify your device by its Device Identifier. Usage Information may be non-identifying or
may be associated with you. Whenever we associate Usage Information or a Device Identifier with your
personal information, we will treat it as personal information.
A few of the tracking technologies
that may be used to collect Usage Information include, without limitation, the following:
Cookies. A cookie is a data file placed on a Device when it is used to visit the Site. We use cookies to collect information for record keeping purposes, to make it easier to navigate the Site. Cookies are stored on users' hard drives. We use both "session ID cookies" and "persistent cookies." Session ID cookies are used to store information while a user is logged into the Site and expire when the user closes his/her browser. Persistent cookies are used to make tasks like logging into the Site easier for returning users by remembering a user's login information. Persistent cookies stay on a user's hard drive from one session to the next. Flash cookies, known as local shared objects, are data files placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device to personalize your visit. Our third-party service providers also may use Flash cookies to collect and store information. Flash cookies are different from standard browser cookies because of the amount of, type of, and how data is stored. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. However, cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, please click www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you choose to disable cookies on your Device, some features of the Site may not function properly.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our web pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Sites, to monitor how users navigate the Sites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the PushPlay Applications, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.
HTML5. We use HTML5 in the PushPlay Applications and mobile website for the iphone or ipad (and any other Apple iOS device). HTML5 has browser web storage that does not rely on traditional browser cookies. Like Flash cookies, HTML5 cookies are not stored in a browser "cookies" file and, like Flash cookies, can be used to track users across websites. To our knowledge there is currently no known way for a user of a mobile device to remove HTML5 tracking and storage.
Web Logs. Like most standard website servers, we log IP addresses (a unique number assigned to every computer on the Internet) and device identification in order to improve security, analyze trends and administer the PushPlay Applications. We may track your movement within the PushPlay Applications, the pages from which you were referred, access times and browser types. This information may include the browser you are using, the Internet address from which you linked to our PushPlay Applications, the operating system of your computer, the unique IP address of the computer or device identification from the mobile device that you used to access our PushPlay Applications and usage and browsing habits. We use this information in the aggregate to gauge the effectiveness, usage, and popularity of our PushPlay Applications, track information for statistical purposes, help diagnose and troubleshoot server malfunctions, analyze trends, track user movement in the aggregate, and gather broad demographic information. We may also use individual information we collect through web logs to send you targeted offers and other communications.
If you send someone else a communication from the PushPlay Applications, such as sending an invitation to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. If that person becomes a subscriber to our publications, his/her information will be treated in the same manner as all other subscribers. Please be aware that when you use any send-to-a-friend functionality on the PushPlay Applications, your e-mail address may be included in the communication sent to your friend.
We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically, such as information to validate or update your address or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes.
We use third parties' analytic tools, provided by Google Analytics, to better understand who is using the Site, how people are using the Site and how to improve the effectiveness of the Site and its content. Those third party companies may use cookies, pixel tags or other technologies to collect and store anonymous information such as time of visit, pages visited, time spent on each page of the Site, Device Identifiers, type of operating system used and other web sites you may have visited. We do not have access to, nor control over, Google's use of cookies or other tracking technologies. If you would like more information regarding Google's use of cookies or other tracking tools on our Site or want to know more about your choices about not having this anonymous collected or used, please click here. http://www.google.com/intl/en/policies/privacy/
We also use third-party ad servers and ad networks to serve advertisements when you visit the PushPlay Applications. These companies and the advertisers themselves may use information about your visits on other web sites and PushPlay Applications in order to provide advertisements about goods and services of interest to you. In the course of serving advertisements to PushPlay Applications, these third-party ad servers or ad networks use technology to send, directly to your Device, the advertisements and links that appear on the PushPlay Applications. They automatically receive your Device Identifier when this happens. They may also use tracking technologies to measure the effectiveness of their advertisements and to personalize the advertising content. This Privacy Policy does not apply to, and we cannot control the activities of, such advertisers, ad servers or ad networks. You should consult the respective privacy policies of any advertisers on our PushPlay Applications to see your options for opting out of their use of such devices. In addition, some of the ad servers and ad networks may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. If you opt-out of receiving targeted ads on our PushPlay Applications from ad servers and ad networks, you will continue to receive advertising and promotional messages after you opt-out, but they will not be customized or personalized to you based on your use of our PushPlay Applications and/or third party web sites. If you would like more information about advertisers' use of tracking technologies and about your option not to accept these cookies, you can go to www.networkadvertising.org . If you would like to learn more about how interest-based information is collected, whether the companies we use are part of an industry network regarding behavioral advertising and to know your choices about not having information used in this manner you can go to www.aboutads.info .
Our Ads on Third Party Sites. We may use information collected using third party cookies and Web beacons on PushPlay Applications and in our emails to deliver advertising about our Services displayed to you on third party websites. We also may use cookies to collect information to know when you return to our PushPlay Applications after visiting those third party websites. We use this information and other information about you, to try to understand your interests and show you relevant advertising about our Services which you might be interested in. This Privacy Policy does not apply to, and we cannot control the activities of, ad servers or ad networks we use to display our ads on other websites. Some of the ad servers and ad networks we use to display our ads may be members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies. If you would like more information about advertisers' use of tracking technologies and about your option not to accept these cookies you can go to www.networkadvertising.org . If you would like to learn more about how interest-based information is collected to serve advertising on the internet you can go to www.aboutads.info .
Use of Information by Us. We may use Information that we collect about you:
Transactional Communications. We may send you notices from time to time relating to your account or your subscriptions. These may include order confirmations, renewal notices, invoices or customer service notifications. We may also send you service-related announcements when it is necessary to do so; for instance, if our Service is temporarily suspended for maintenance, or the delivery of a product is delayed or there is some service issue with something you may have ordered. You may not opt-out of receiving these communications, which are not promotional in nature.
Service Providers. We may use third party service providers to help us operate our business and the PushPlay Applications or administer activities on our behalf. We may share your information with these third parties for those limited purposes.
Promotional Offers. We may send you promotional emails regarding special offers about our publications or on behalf of third party marketing partners who we think can offer services and products of interest to you and/or share your name and email address and certain other information, such as when you first subscribed, with reputable companies that provide marketing offers electronically or through postal mail. If you do not want to receive emails regarding special promotions or offers, or have your information shared with third parties you may
Please note that even if you opt out of receiving promotional emails or direct mail offers, we may continue to send you service notifications that are related to your account(s) and other products and services you have requested or in which you are currently enrolled.
Co-branded Areas. Certain areas on our PushPlay Applications may be provided to you in association with third parties such as sponsors or advertisers ("Co-Branded Areas") and may request that you disclose personal information to them. Such Co-Branded Areas will identify the third party. If you elect to register for products and/or services at Co-Branded Areas, you may be providing your information to both us and the third party. Your personal information will be subject to this Privacy Policy as well as the privacy policy and practices of such third party. We are not responsible for the privacy policy of practices of such third party. You should consult the respective privacy policies of those third party sponsors or advertisers to learn more about their privacy practices.
Legal Matters; Safety. We may, without your consent, access and disclose your information, any communications sent or received by you (including, without limitation, the contents of any chat, messaging, or other communication posted in the Communication Services), and any other information that we may have about you or your account as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms of Use or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your information and/or communications in situations that we believe to be:
Sale or Transfer of Business or Assets. In the event that we, or any of our businesses, are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, personally identifiable information of our visitors may be one of the assets sold or merged in connection with that transaction. Information about our visitors and registered users may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, support or funding. In such transactions, personal information will be subject to the promises made in any pre-existing Privacy Policy in effect when the information was obtained.
If you have an online account with us, you also may choose to resign and deactivate your account at any time. Please visit (https://www.pushplay.com/support/ cancel) for removal information for your particular product. After you close your account, you will not be able to sign in to our PushPlay Applications or access any of your personal information. However, you can open a new, separate account at any time or re-activate your previous account by logging in again. If for any reason you are concerned that the personal information you provided to us is not correct and you cannot change it by accessing your account, or should you wish to have your email address removed from our mailing list or contact information changed, please contact us at privacy@pushplay.com. We will be happy to review, update or remove information as appropriate. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, resolve disputes, enforce our Terms of Use or other policies, take actions we deem necessary due to technical and legal requirements and constraints related to the security, integrity and operation of our PushPlay Applications. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies. We may still retain your information in our files however, to resolve disputes and enforce our Terms of Use.
You may remove your information from our database so as not to receive future communications or to close your account or opt out of our sharing information with third parties for marketing purposes by emailing us at privacy@pushplay.com or sending snail mail (certified mail, return receipt requested is recommended) to the following address:
Attention: Privacy
If you prefer not to receive electronic promotional communications, you can opt-out by following the unsubscribe instructions included in each communication.
Please note that changes may not be effective immediately. In each event, you must clearly indicate the information that you wish to have changed or clearly indicate that you wish to have your personally identifiable information removed from our database. We will endeavor to comply with your request as soon as reasonably possible. Note that despite any request for removal of or change to personally identifiable information, we may need to retain certain information for recordkeeping purposes and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. Finally, we are not responsible for informing third parties (including without limitation our third party service providers or strategic partners) with whom we have already shared your personally identifiable information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of such entities.
Your California Privacy Rights (As provided by California Civil Code Section 1798.83)
California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. If you do not want us to send you emails regarding special promotions or offers or share your Personal Information with other companies so that they can send you emails about their products and services, simply follow the unsubscribe instructions that are located at the bottom of those emails or you can Update your email preference Settings by visiting https://www.pushplay.com/members/, clicking the "My Account", then click the "Preferences" tab and uncheck the sharing of information to third parties, or (ii) Click the unsubscribe link in the body of the email. If you do not want us to send you any offers from third parties through direct mail or share your Personal Information with other companies so that they can send you direct mail offers about their products and services, please write to us at the street address set forth at the end of this document email us a privacy@pushplay.com. California customers may request further information about our approach to this law by writing to us at the addresses provided.
Links to other Site and Communities. To the extent hyperlinks may be utilized to access external or third party sites and communities, you should be aware that these external or third party site and communities are not controlled by us and, therefore, are not subject to this Privacy Policy. We recommend that you check the privacy policies of each such site and community to determine how your personal information will be utilized by their proprietors.
Security. We implement safeguards to help protect against the loss, misuse and alteration of information under our control. However, despite our efforts, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and your use of the Site indicates that you are willing to assume this risk.
A Note To International Users. If you are located anywhere outside of Barbados, please be aware that information we collect will be transferred to, processed and stored in and outside Barbados. The data protection laws in Barbados may differ from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in Barbados according to laws of Barbados. By using the PushPlay Applications or providing us with any information, you consent to this transfer, processing and storage of your information in Barbados. You are also consenting to the application of Barbados law in all matters concerning the Site and this Privacy Policy.
Children's Privacy. The PushPlay Applications are not directed or intended for children under 13 years of age. We do not knowingly collect Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide Personal Information on the PushPlay Applications. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user's Personal Information from our systems.
Changes to the Privacy Policy. We may change this Privacy Policy from time to time. The most recent version of the Privacy Policy will always be posted on our Sites, with the "Effective Date" posted at the top of the Policy. We may revise and update this Privacy Policy if our practices change, as technology changes, or as we add new PushPlay Applications or Community Services or change existing ones. If we make any material changes to our Privacy Policy or how we handle your personal information, you will know because the Effective Date of the Privacy Policy will change. If we are going to use any personal information in a manner that is materially different from that stated in our Privacy Policy at the time we collected such information, we will give you a reasonable opportunity to consent to the change. If you do not consent, your personal information will be used as agreed to under the terms of the privacy policy in effect at the time we obtained that information. By accessing the PushPlay Applications after the Effective Date, you are deemed to consent to our then-current privacy policy. We will use information previously obtained in accordance with the privacy policy in effect when the information was obtained from you.
Disputes. If you choose to visit the PushPlay Applications your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use including limitations on damages, resolution of disputes, and application of the laws of Barbados.
No Rights of Third Parties. This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Contacting Us. If you have any questions about this Privacy Policy, or the practices of the PushPlay Applications and Community Services, please send your email queries to privacy@pushplay.com or write to us at:
Attention: Privacy Administrator
Copyright © 2020 Ltd. All rights reserved.
These Terms of Use (the "Agreement" or "Terms") is an agreement between you and Ltd. ("PushPlay", "us", "our" or "we") which sets forth the legally binding terms for your use of the Site pushplay.com which is owned and operated by PushPlay, and any successor website ("Site"), and other interactive properties, including but not limited to any mobile applications accessing content from the Site (the Site and other PushPlay interactive properties are collectively referred to herein as the PushPlay Applications"). These Terms apply to the services, software, and applications the PushPlay Applications provide (collectively, "Service(s)"). By accessing the PushPlay Applications or using the Services you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by its Terms whether or not you become a subscriber to any PushPlay goods or services. This Agreement governs the acceptable use of the Services, content posted on the Site and User Content posted on the Communications Services, and your rights, obligations and restrictions regarding your use of the Services. Please see PushPlay's Privacy Policy found at https://www.pushplay.com/support/privacy, which is incorporated into these Terms by reference, for more information about how we collect, use, and share information about our members and visitors to our Site.
Updates to Terms. PushPlay reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the PushPlay Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the PushPlay Applications and/or Services. Note that special terms or rules may apply to some services offered on the Site or PushPlay Applications, such as rules for particular promotions, applications or other features or activities. Any such terms are in addition to these Terms, and in the event of a conflict, will prevail over these Terms.
Electronic Form/Communications. By accessing the PushPlay Applications or Services, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
This Agreement will remain in full force and effect while you use the Services. You may terminate your membership to any Service at any time, for any reason, by following the instructions on your "Account Settings" page or contacting customer service. PushPlay can suspend or terminate your access to the PushPlay Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Personal Use. The PushPlay Applications and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the PushPlay Applications, in any medium, without PushPlay 's prior written consent, or (ii) alter or modify any part of the PushPlay Applications other than as may be reasonably necessary to use the PushPlay Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the PushPlay Applications, or to manipulate the PushPlay Applications or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the PushPlay Applications or any computer software or hardware or telecommunications equipment. You may not use the PushPlay Applications or Services in any manner that could damage, disable, overburden, or impair any PushPlay server, or the network(s) connected to any PushPlay server, or interfere with any other party's use and enjoyment of any PushPlay Applications or Services. You may not attempt to gain unauthorized access to any PushPlay Applications or Services, other accounts, computer systems or networks connected to any PushPlay server or to any of the PushPlay Applications or Services, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the PushPlay Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through PushPlay Applications or Services, including any proprietary communications protocol used by PushPlay. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the PushPlay Applications so long as the link does not portray PushPlay, or the Services in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by PushPlay of the site from which you are linking. Further, the site from which you are linking to the PushPlay Applications must not contain any obscene, defamatory, pornographic, offensive or illegal content.
Modification to Services. PushPlay has the right to modify its PushPlay Applications and content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of PushPlay in providing its products, services, content or any Services is to cancel your membership as set forth herein. The Service, content and any other products and services offered or referred to on the PushPlay Applications are subject to the availability of such Service, products and services. Furthermore, the availability for purchase or rental of product types or individual products and the prices for sale, rental or for the Services are subject to change by PushPlay, in its sole discretion, at any time without notice.
Registration. Upon subscribing to any of our Services you will be asked to choose a password and a user/account name. You may not use a user/account name that is vulgar or otherwise offensive (as determined by PushPlay), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms. You will only create one unique profile for the Services provided. PushPlay reserves the right to deny, in its sole discretion, any user access to the PushPlay Applications or Services without notice for any or no reason.
Accurate Information. For purposes of identification and billing, you agree to provide PushPlay with accurate, complete, and updated information required by the Site's membership registration ("Registration Information"), including your name, address, telephone number(s), and applicable payment information (e.g., credit card number, email address, and expiration date) and provide PushPlay and its third party payment processor express authorization to charge the applicable fees at the time of purchase or renewal. Failure to comply with this provision (including without limitation falsification of any Registration Information) may, at PushPlay's option, result in immediate suspension or termination of your right to use the Services. If you sign up for a premium membership or sign up for a free membership and purchase or rent a movie we will bill you for your online account using the billing information you provide (your "Billing Information") for the Services you select. You agree to pay PushPlay all charges at the prices then in effect for your use of the Service using your Billing Information, and any applicable taxes, and you authorize PushPlay to charge your chosen payment provider (your "Payment Card") for the Service you select. You agree to make payment using that selected Payment Card. PushPlay reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. All prices do not include Internet service provider, telephone, and other connection charges. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts will be the responsibility of and paid for by you.
Verification of Registration. When you register and provide Billing Information and Payment Card PushPlay will verify that information. You authorize PushPlay to verify your Billing Information and Payment Card by placing a pending charge on your Payment Card when you register as a member, and prior to each subsequent periodic charge. Pending charges are temporary (typically three (3) to seven (7) days in length) and will not be converted into an actual charge to you. Pending charges will, however, reduce the available amount of credit or debit capacity on your Payment Card in the amount of ONE DOLLAR ($1.00), One (€.00) Euro or One (£1.00) Great British Pound per pending charge.
Membership. PushPlay provides two (2) types of memberships: when you register you on the Site you automatically join a free (default) membership which provides you with access to movies for sale and rental. You may also select a premium membership which provides you unlimited access to the movies we have in our library. If you choose a free membership, you will not be charged recurring fees and your Billing Information will be kept on file and you will only charged for movie purchases and rentals you select. If you choose to upgrade to our premium membership, your Payment Card will be charged for the term and rate you selected and the term you select will be automatically renewed and your Payment Card will be charged automatically on a recurring basis at the end of the term you selected until you cancel your membership. By selecting a premium membership, you agree and authorize PushPlay or its agent to charge your Payment Card the periodic premium membership fee (plus applicable taxes) corresponding to the premium membership plan you have selected (e.g.: 30 day, 90-day, 180-day Term) each term anniversary date of that premium plan, until your PushPlay premium membership is terminated or cancelled as provided herein. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable periodic premium membership fee. You agree to pay the applicable premium membership fees (plus applicable taxes) in accordance with your Payment Card issuer agreement. You also authorize PushPlay to charge your Payment Card for any other charges you may incur associated with your PushPlay membership. YOU WILL NEED A MODERN COMPUTER WITH FLASH MEDIA PLAYER TO BE ABLE TO STREAM MOVIES. MOVIE AVAILABILITY VARIES BY TERRITORY DUE TO LICENSING RESTRICTIONS.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PushPlay immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by PushPlay). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by PushPlay or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Unauthorized Use. You agree to promptly update your Registration Information in the event of any known or suspected unauthorized use of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your membership until you update your Registration Information. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your membership is subject to use without your authorization, update your Registration Information.
Account Updates. It is your responsibility to promptly provide PushPlay with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made online via the "Account" section, once you have logged into the Service. You must promptly notify PushPlay if your Payment Card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Account updates should be made online via the "Account" section, once you have logged into the Service. If you fail to provide PushPlay any of the foregoing information, you agree that PushPlay may continue charging you for any use of the Service using the Billing Information you provided unless PushPlay has evidence that you have terminated your membership to the Service. If your Payment Card reaches its original expiration date, your failure to cancel your PushPlay membership shall constitute authorization for PushPlay to continue billing that Payment Card.
Payment Card. The terms of your payment will be based on your Payment Card and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Card (the "Payment Card Provider"). If PushPlay does not receive payment from your Payment Card Provider, PushPlay reserves the right to bill you and you agree to pay all amounts due on your Billing Information upon demand.
Free Trials. From time to time, PushPlay may offer a free trial period for the Service to first-time customers. Unless otherwise specified, this offer is limited to one (1) free trial subscription per person and/or email address. When such an offer is made, at the time of registration for your free trial, your Payment Card will be authorized but your Payment Card will not be charged until the expiration of the free trial period unless you accept another offer during your free trial as stated on any offer page. Other terms of free trial offers, including the duration of the free trial, may vary. Specific details of your free trial not covered in these Terms will be explained on the web page you will be directed to prior to beginning the membership process or as part of the membership process. Your trial period begins on the day you sign up for the Service, not the day you first access or download Content.
UPON COMPLETION OF THE FREE TRIAL PERIOD, YOUR PREMIUM MEMBERSHIP SUBSCRIPTION WILL RENEW AUTOMATICALLY UNDER THE ONE (1) MONTH (30 DAY) PREMIUM MEMBERSHIP PLAN, REGARDLESS OF THE LENGTH OF YOUR FREE TRIAL PERIOD. The first (1st) day following the expiration of your free trial period will be your anniversary date for billing purposes during your Membership Term. Your Payment Card will be charged the recurring monthly membership fees and any applicable sales tax on the day following the expiration of your free trial period, unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT CARD. Please note the expiration date of your free trial period for your records.
During the free trial period, you will receive the benefits of the premium membership Service at no charge. Membership may be cancelled or modified at any time prior to the end of your free trial period by calling toll-free at 1-877-800-1958 for the U.S.A. and Canada or +00 1 (514) 448-6340 for international members, seven (7) days per week from 7:00AM to 9:00PM, Eastern Standard Time. Alternatively, you can go to https://www.pushplay.com/support/ and cancel your membership online. Any plan changes made to your account prior to the end of your free trial period will nullify the remainder of your free trial period and you will be charged for the new plan you have selected.
Promotional Offers. From time to time, PushPlay may offer a reduced membership fees for the Service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory promotional offer for new customers, at the time of registration for the Service, your Payment Card will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fees plus applicable taxes will be charged to your Payment Card for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and the duration of the promotional price, may vary from time to time. The details of any offer not covered in these Terms will be explained on the web page you will be directed to prior to beginning the membership process or as part of the membership registration/selection process.
Change in Fees. If the amount to be charged to your Billing Information varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), PushPlay shall provide notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction.
Cancelation. The initial periodic PushPlay premium membership fee is valid for an initial membership period starting on the date your paid premium membership begins and continuing through the periodic anniversary date. For example, if you are on a free trial membership and your free trial expires on June 17 and your paid PushPlay membership begins on June 18, your initial premium membership fee entitles you to PushPlay premium benefits until July 18 and your Payment Card will be charged on July 18 (the anniversary date) for the period of July 18 through August 18. You can cancel your PushPlay premium membership at any time and you will not be charged for the subsequent renewal terms. For example, if your anniversary date is the fifth (5th) of each month and you cancel your premium membership on October 20, then you will not be charged on November 5 (for the November 5 to December 5 period) and your PushPlay premium membership will terminate on November 5.
To cancel your membership, simply call toll-free at 1-877-800-1958 for the U.S.A. and Canada or +00 1 (514) 448-6340 for international members, seven (7) days per week from 7:00AM to 9:00PM , Atlantic Standard Time. When you cancel your membership, you will be required to provide PushPlay with certain information regarding your reason for cancellation. Alternatively, you can go to https://www.pushplay.com/support/ and cancel your membership online.
CANCELLATION RIGHTS. NOTWITHSTANDING THE FOREGOING, YOU HAVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION WITHOUT OBLIGATION WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU BECOME A MEMBER ("THREE DAY RIGHT TO CANCEL").
Refund Policy. THERE ARE NO REFUNDS FOR ANY TIME PERIOD (OR PORTIONS THEREOF) ALREADY BILLED OR PAID FOR WITH THE EXCEPTION OF THE THREE DAY RIGHT TO CANCEL REFERENCED ABOVE. All cancellations must be made by telephone at 1-877-800-1958 for the U.S.A. and Canada or +00 1 (514) 448-6340 for international members, seven (7) days a week, from 8:00AM to 10:00PM , Atlantic Time, or by email to support@pushplay.com, or online at https://www.pushplay.com/support/ by clicking the "Cancel" button and following the instructions. For additional questions or concerns, please contact our support team at https://www.pushplay.com/support/.
Security. PushPlay has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The Services and all material published on the PushPlay Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, "applets" incorporated into the software data) sounds, messages, comments, ratings, movies and other materials on the PushPlay Applications (together "Content") is owned by PushPlay or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. PushPlay owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the PushPlay Applications. All trademarks, service marks, trade names, and trade dress appearing on the Sites ("Marks") are proprietary to PushPlay and/or our licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, PushPlay Applications or the Services, in whole or in part, without PushPlay's prior written consent. You may download Content for your personal, non-commercial use only as provided in these Terms, or as may be otherwise permitted by PushPlay from time to time, provided that do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of PushPlay or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from PushPlay Applications. Copying or storing of Content for other than personal use is expressly prohibited without prior permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PushPlay without express written consent. You may not use any Meta tags or any other "hidden text" utilizing PushPlay's name or trademarks without the express written consent of PushPlay. You may not use any PushPlay logo or other proprietary graphic or trademark as part of the link without express written permission. Any uses not permitted by these Term automatically terminates all permissions or licenses granted by PushPlay in these Terms.
License to Content. Membership includes access to (A) video content offerings in which you pay a specific fee to have the right to view such video content for a limited specified time period (the "Rental Content"), and (B) video content offerings (which may be labeled "buy download" on the Site) in which you pay a specific fee to have the right to view such video content for an unlimited number of times (the "Retained Content").
License to Rental Content. Membership includes a license to view either unlimited Rental Content through the Service for the applicable term or individual videos for the applicable fee (the "License Fee") disclosed at the time of selection. Payment for such Content may be made through the Payment Card provided upon registration. Upon payment of the applicable License Fee, PushPlay will grant you a non-exclusive, non-transferable, limited right and license to privately view and use the display in your Residence (as defined herein below) or for Permitted Non-Residential Use (as defined herein below), the Rental Content purchased by you, by way of one (1) computer (or other device specifically authorized by PushPlay connected to the Service over the Internet, provided that you comply fully with these Terms. PushPlay will save the Rental Content to your hard drive. You shall not be permitted to copy or move the Rental Content from its originally stored location on your hard drive. The initial license to the Rental Content is limited in its term and duration to thirty (30) days from its original date and time of download or twenty-four (24) hours from the start of its initial display and viewing, whichever occurs first, unless otherwise specified as being limited to a shorter term at the time of purchase. In some cases, to the extent specified on the Site, you may be permitted to purchase licenses for one (1) or more additional twenty-four (24) hour viewing periods for a particular item of Rental Content. If you purchase an additional license for such Rental Content (to the extent such additional license is available), you will be granted an additional viewing period of twenty-four (24) hours from the start of its display and viewing. You understand and agree that you will not be able to access and view such Rental Content upon expiration of the license term. For purposes of these Terms, the following definitions will apply:
License to Retained Content. Membership includes access to license the right to view Retained Content through the Service for individual videos for the applicable fee (the "License Fee") disclosed at the time of selection. Upon payment of the applicable License Fee, PushPlay will grant you a non-exclusive, non-transferable, limited right and license under copyright to create and retain a single permanent copy of the Retained Content on the hard drive of your personal computer (or other device specifically authorized by PushPlay) and to view, use and privately display in your Residence or for Permitted Non-Residential Use, the Retained Content purchased by you. Notwithstanding the foregoing, you are expressly prohibited from making or retaining any copy of the Retained Content that could be transferred or viewed on a device other than your personal computer, including by way of example and not limitation, DVD copies playable on a traditional DVD player, copies stored on USB or Flash memory drives or other forms of back-up drives, copies on digital media players, copies on smart phones, copies on tablets, or otherwise. You are also expressly prohibited from storing your permanent copy of the Retained Content on any cloud storage or online back-up storage system (e.g. Dropbox, iCloud, etc.). PushPlay may determine from time-to-time, in its sole discretion, those devices that are compatible to receive a license to view the Retained Content. Any rights granted to you hereunder (or on the Site at the time of purchase) to make and keep any copies of the Retained Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any Retained Content. You are solely responsible for retaining your permanent copy of the Retained Content. If the Retained Content that you purchase does not download and play correctly, please contact Customer Service at https://www.pushplay.com/support/ and we will endeavor to resolve the problem. Once you have successfully downloaded a copy of the Retained Content, PushPlay will not replace the Retained Content if you are unable to play it or if you lose the Retained Content, including if the file becomes damaged or corrupt, your computer crashes, your hard drive fails or the Retained Content does not play for any other reason.
RSS Feeds. Really Simple Syndication ("RSS") feeds are provided as a quick and easy way for you to distribute information from the PushPlay Applications or from your PushPlay account. RSS feeds are accessible through an XML-based URL that can be accessed with an RSS reader of your choice. Use of personal RSS feeds that contain information about your PushPlay account (Queue, Movie Ratings and Rental Activity) is at your own discretion. If you use personal RSS feeds, you consent that the information in the feeds will be transferred to the location in which you enable the RSS feed. PushPlay will not pass any personally identifiable information in your feed. However, your use of an RSS feed may cause personally identifiable information that is associated with the RSS feed to be associated with you. You acknowledge that your use of an RSS feed and any personally identifiable information associated with it is at your sole discretion and risk. Use of the PushPlay RSS feeds is for non-commercial, personal use and whether or not you use an RSS feed is entirely at your discretion. You may not modify the RSS feeds. If an RSS feed contains an attribution to PushPlay, you may not remove the attribution. PushPlay provides no warranty regarding its RSS feeds and reserves the right to terminate or modify the feeds at any time without notice. PushPlay is not responsible for any loss or damage incurred by you or anyone else due to your use of an RSS feed.
No Other License Granted. Except for allowing you to use the PushPlay Applications and Service for your personal use as set forth in this section above, when you use the PushPlay Applications or Service, or access the Rental Content or Retained Content you are not receiving a license or any other rights from PushPlay, including intellectual property or other proprietary rights of PushPlay and you agree and acknowledge that you shall not acquire any ownership rights by downloading any content from the Service, and the license granted to you as set forth in these Terms does not transfer or grant any ownership rights to you, nor act as waiver any rights of PushPlay, its licensors or the copyright owners with respect to any content. You may not re-sell, re-distribute, sublicense or otherwise transfer any right or license in the content, or use the content in any manner other than as set forth above. Any additional usage rules set forth on the PushPlay Applications shall become part of, and are incorporated into, these Terms.
Communication Services. The Services may contain e-mail services, chat areas and/or other message, communication or other mechanisms designed to enable you to communicate with others or to post content on the PushPlay Applications (the "Communication Services"). All such communications, information and content, as well as user names, profiles or similar materials you submit, post, upload, embed, display or communicate (collectively, "Distribute") is referred to as "User Content." You agree to use the Communication Services only to Distribute User Content that conforms to these Terms, including the Posting Requirements set forth below, and, when applicable, is related to the particular Communication Service.
Removal. PushPlay has no obligation to monitor the User Content. However, PushPlay reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. PushPlay specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. PushPlay representatives may monitor your User Content on the PushPlay Applications but we cannot monitor all of the User Content on the PushPlay Applications, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to support@pushplay.com.
License and Warranties. By using the Communication Services and submitting User Content to the PushPlay Applications, you grant to PushPlay, and its successors in business and assigns, employees, licensees, agents, representatives and other authorized users of the PushPlay Applications, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the PushPlay Applications a non-exclusive license to access your User Content as permitted through the functionality of the PushPlay Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
No Confidentiality. You acknowledge and agree that your communications via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by PushPlay and others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. PushPlay is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with User Requirements.
Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
In using this Site you agree that you will not:
Age Requirements. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the PushPlay Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the PushPlay Application and Services.
Communications from PushPlay. By registering for PushPlay, you will receive online communications from PushPlay. You may also receive electronic communications from PushPlay pertaining to accessing our Service for gifts sent to you by others. In either case, to unsubscribe from any PushPlay email list, simply click on the "Unsubscribe" link at the bottom of the email and your name will be removed from that mailing list. You may also indicate your privacy preferences by going to "My Account" and clicking "Edit/Settings" and "Preferences". To see how we use your personal information go to our privacy policy at https://www.pushplay.com/support/ privacy.
Links. You may be able to access other websites or resources through links on the Site. Because PushPlay has no control over such sites and resources, you acknowledge and agree PushPlay is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does PushPlay endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that PushPlay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Unsolicited Submission Policy. PushPlay does not accept, by any means of transmission, any unsolicited submissions, in any form whatsoever including, without limitation, any marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product samples, prototypes, movies and/or games (hereinafter referred to as "Submissions"). If you elect to forward to us any such Submission, then by doing so, you acknowledge that said Submission has not been requested by us and that
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE PushPlay APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING PushPlay APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE PushPlay APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT PushPlay MAKES NO WARRANTY THAT THE PushPlay APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT PushPlay DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PushPlay APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE PushPlay APPLICATIONS OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PushPlay APPLICATIONS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PushPlay DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE PushPlay APPLICATIONS AND SERVICES. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE PushPlay APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE PushPlay APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PushPlay DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE PushPlay APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL MS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PushPlay APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE PushPlay APPLICATIONS OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PushPlay OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE PushPlay APPLICATIONS OR THE SERVICES, EVEN IF PushPlay HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN PushPlay'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $20. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity/Release. You understand that you are personally responsible for your behavior while accessing the PushPlay Applications or using the Services and agree to indemnify and hold PushPlay, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties"), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the PushPlay Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "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."
Access to Services. PushPlay reserves the right to perform regular or planned or unplanned maintenance to our virtual products due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. PushPlay also reserves the right to change, modify, discontinue, suspend or abandon the PushPlay Applications or any of the Services or to cease supporting any hardware or software platform at any time at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use. The PushPlay Applications and Services are controlled from facilities in and outside of Barbados. PushPlay makes no representations that the PushPlay Applications or Services are appropriate or available for use in your particular location. Those who access or use the PushPlay Applications and/or Services do so at their own volition and are responsible for compliance with the laws of their particular jurisdiction.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law/Disputes. These Terms shall be governed by and construed in accordance with the laws of United Kingdom without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and PushPlay (‘Dispute") shall lie in courts of United Kingdom. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to PushPlay, the Services, the content or the PushPlay Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and PushPlay. They supersede any and all prior or contemporaneous agreements between you and PushPlay relating to your use of the PushPlay Applications or the Services. PushPlay may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of PushPlay to partially or fully exercise any rights or the waiver of PushPlay of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by PushPlay or be deemed a waiver by PushPlay of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of PushPlay under these Terms and any other applicable agreement between you and PushPlay shall be cumulative, and the exercise of any such right or remedy shall not limit PushPlay 's right to exercise any other right or remedy.
Contact Us. Please Contact Us with any questions by visiting pushplay.com/faq. Or you can email us at: support@pushplay.com.
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