Terms of Use

wePlaytv.com Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

WePlaytv.com is a real-time, TV-related, social gaming and networking platform. It is very important that you review the following Terms of Use so that you know what you can and cannot do on wePlaytv.com. By using this website at weplaytv.com (the “Site”), you agree to abide by the following terms and conditions and the Privacy Policy, whether you are a "Visitor" (which means that you simply browse the Site, including through a mobile device, or otherwise use services of wePlaytv.com without being registered) or you are a Member (which means that you are a registered user of the Site). If you do not agree to any of these terms, please do not use the Site. If there are material changes to our Terms of Use, we will post a link to our revised Terms of Use on our home page. Your continued use of this Site will constitute your acceptance of any revised Terms of Use.

These Terms of Use apply to all users of the Site, including Members who may contribute postings, videos, pictures, articles, information, and other materials or services on the Site, as well as Visitors. The Site may contain links to third party websites that are not owned or controlled by wePlaytv.com. WePlaytv.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, wePlaytv.com will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve wePlaytv.com from any and all liability arising from your use of any third-party website. wePlaytv.com hereby grants you permission to use the Site as set forth in this Terms of Use, provided that you will not copy or distribute any part of the Site in any medium without wePlaytv.com’s prior written authorization, and you will otherwise comply with the terms and conditions of these Terms of Use.

Intellectual Property Rights

The content on the Site, except for certain content posted or submitted by Members, including without limitation, the text, software, scripts, graphics, photographs, sounds, videos, articles, and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to wePlaytv.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WePlaytv.com reserves all rights not expressly granted in and to the Site and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein.

Eligibility, Accounts, Password, and Security

WePlaytv.com is a real-time, TV-related, social gaming and networking platform. In order to access certain features of the Site, wePlaytv.com may require prospective users to register by providing us with current, complete and accurate information as prompted by the applicable registration form. While we will use our best, commercially reasonable efforts to maintain a safe online social gaming and networking community, you acknowledge that wePlaytv.com is not making any guarantee that the Site will be free of bad actors. By using any of the services provided by wePlaytv.com, you represent and warrant that (a) all registration information you submit is true and correct; (b) you will maintain the accuracy of such information; (c) you are at least 14 years of age; and (d) your use of the services of wePlaytv.com does not violate any applicable law or regulation. We reserve the right, in our sole discretion, to delete your profile and terminate your membership without warning, if we believe that you are under 14 years of age or otherwise inappropriately misrepresent your age, if you violate these Terms of Use or pose a threat to wePlaytv.com or its users.

Each Member may be asked to choose a password and a user name. Your account is for your personal use only. 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 wePlaytv.com immediately of any unauthorized use of your account or any other breach of security. WePlaytv.com 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 could be held liable for losses incurred by wePlaytv.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

User Submissions

For Members, the Site allows user submissions such as pictures, videos, or other materials ("User Submissions") and the hosting, sharing, and publishing of such User Submissions. By uploading or otherwise submitting any materials to us and/or the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to wePlaytv.com a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) without limitation. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.

You will be solely responsible for, and assume all liability regarding your own User Submissions, the consequences of posting or publishing them, and your interaction with other Members through the Site. Also should your account be terminated, you will not be given back any of your membership fees, User Submissions, nor will you be given access to such User Submissions.

WePlaytv.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and wePlaytv.com expressly disclaims any and all liability in connection with User Submissions. WePlaytv.com does not permit copyright infringing activities or infringement of intellectual property rights on its Site, and wePlaytv.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. WePlaytv.com reserves the right to remove Content and User Submissions without prior notice.

You acknowledge that wePlaytv.com may or may not pre-screen User Submissions, but that wePlaytv.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submissions that are available via the Site. Without limiting the foregoing, wePlaytv.com and its designees shall have the right to remove any User Submissions that violate the Terms of Use or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Submissions, including any reliance on the accuracy, completeness, or usefulness of such User Submissions. In this regard, you acknowledge that you may not rely on any user content submitted to wePlaytv.com, including without limitation information in wePlaytv.com’s bulletin boards, blogs and in all other parts of the Site. WePlaytv.com further reserves the right to display User Submissions for marketing, promotional, and advertising purposes.

Gaming / Bulletin Boards/ “Blogs”/“Postings”/Public Forums

In addition to User Submissions and to the extent that portions of this Site provide Members an opportunity to post and/or exchange information, ideas, and opinions (“Postings”) as part of real-time gaming, real-time chat sessions, bulletin boards, or blogs (“Forums”), and via text messaging, and in descriptions of Members and other areas on the Site, please be advised that Postings do not necessarily reflect the views of wePlaytv.com. Although we periodically monitor exchanged and posted information, in no event does wePlaytv.com assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, users remain solely responsible for, and assume all liability regarding the content of their messages and postings and interactions with other Members. Nonetheless, wePlaytv.com will make reasonable efforts to ensure that the Forums serve the best interests of all users. Therefore,wePlaytv.com reserves the right, in its sole discretion, to edit, delete, or refuse to post any Posting that violates these terms and conditions, as well as revoke the privileges of any user who does not comply with these terms and conditions. WePlaytv.com also reserves the right to contact any third party who may have an interest in preserving the safety of users (such as law enforcement) regarding the content of any Posting and supplying identifying information regarding such Posting to such third party. Please see the Privacy Policy.

The Forums and Postings may be used for noncommercial purposes only. Members may not post any information intended to promote and/or generate revenue for any third party business activity. You specifically acknowledge that soliciting other wePlaytv.com members to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.

You hereby authorize us to use, and to authorize others to use, your Postings and submitted opinions and materials in whole or in part, without limitation in perpetuity in any form, medium, or technology (now known or hereafter developed or devised without limitation) alone or together or as part of other User Submissions of any kind or nature. Without limiting the foregoing, you hereby grant to wePlaytv.com the right to use and change the Postings in any manner that wePlaytv.com may determine.

User Conduct

wePlaytv.com does not allow, and you agree not to use this Site to:

  • upload, post, email, transmit or otherwise make available any User Submissions or Postings (collectively “User Content”) that are unlawful, harmful, derogatory, defamatory, abusive, threatening, vulgar, obscene (including but not limited to posting pictures or videos with drugs, alcohol, nudity or sexual acts), bigoted, libelous, tortuous, hateful, racially or ethnically objectionable, insulting or that violates any person’s privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers without consent);
  • engage in gambling or betting for money, in violation of international, federal, state or local law;
  • harm minors in any way;
  • "stalk" or otherwise cyberbully (including but not limited to bullying, harassing, humiliating, threatening, embarrassing or targeting) another Member;
  • create an account for a person 18 years of age or younger that you are not the parent or legal guardian of;
  • create an account for a person that does not exist;
  • solicit personal information from any Member;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • post information that you know is false, misleading, or that promotes illegal activity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions or Postings transmitted through the Site;
  • upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • use the Site to promote another party’s products or services, or solicit others for commercial products or services of any kind;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and/or
  • intentionally or unintentionally violate any applicable local, state, national or international law.

    • We reserve the right to remove any material or terminate the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content, upload, post, email, transmission or anything otherwise made available on this Site that we deem may be in violation of these terms or any applicable law.

    Notwithstanding the foregoing, wePlaytv.com is not required to host, index, or display any User Submission uploaded or otherwise provided to wePlaytv.com, and may remove or refuse to host, index or display any User Submission. WePlaytv.com is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Submission.

    You acknowledge, consent and agree that wePlaytv.com may access, preserve and disclose your account information and User Submission if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with law, request or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (b) enforce the Terms of Use; (c) respond to claims that any User Submission violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of wePlaytv.com, its users and the public. Notwithstanding any other provision of this Terms of Use or the Privacy Policy, wePlaytv.com reserves the right, but has no obligation, to disclose any information to authorities that you submit, if in its sole opinion it suspects or has reason to suspect, that the information involves a party who may be a victim of abuse in any form. By using this Site, you hereby acknowledge and agree that wePlaytv.com is permitted to make such disclosures.

    By using this site, you agree to allow wePlaytv.com the right to use the information from you and your experiences through the Site to monitor, track, and research ways of improving wePlaytv.com’s services and community.

    Claims of Copyright Infringement

    WePlaytv.com respects the intellectual property rights of others. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

    (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

    (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

    (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    (vii) A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and

    (viii) Your physical or electronic signature.

    WePlaytv.com’s designated copyright agent to receive notifications of claimed infringement is: wePlaytv.com Company, 350 Crowne Point Circle, #225, Grass Valley, California, 95945, email: legal@wePlaytv.com, telephone: (530) 477-8900. For clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to wePlaytv.com’s customer service through info@wePlaytv.com.

    No Unlawful or Prohibited Use

    As a condition of your use of this Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Site in any manner that could damage, disable, overburden, or impair any wePlaytv.com server, or the network(s) connected to any wePlaytv.com server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any wePlaytv.com server or the Site, through hacking, 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 Site.

    Games, Contests and Other Activities

    WePlaytv.com provides rules of participation (“Rules of Participation”) for certain activities on this Site including, without limitation, games, contests and rewards by wePlaytv.com, and/or in conjunction with third parties. These Terms of Use are incorporated by reference to the specific Rules of Participation, which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms of Use and specific Rules of Participation, the Rules of Participation for the specific activity in which you choose to participate shall govern.

    Assignment

    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by wePlaytv.com without restriction.

    Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEPLAYTV.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WEPLAYTV.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEPLAYTV.COM SITE. WEPLAYTV.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEPLAYTV.COM SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. WEPLAYTV.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.

    Limitation of Liability

    IN NO EVENT SHALL WEPLAYTV.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEPLAYTV.COM SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT WEPLAYTV.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Site is controlled and offered by wePlaytv.com from its facilities in the United States of America. WePlaytv.com makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

    Indemnity

    You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or your breach of these Terms of Use, any breach of your representations and warranties set forth in these Terms of Use, or your violation of any law or the rights of a third party.

    Advertisers or Sponsors

    Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that wePlaytv.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on the Site.

    Third Party Hyperlinks

    The appearance of and your use of any external hyperlinks generated by third parties does not constitute endorsement by wePlaytv.com, its subsidiaries or affiliates of the opinions or views expressed by these third-party websites and wePlaytv.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, wePlaytv.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither wePlaytv.com nor its subsidiaries or affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, wePlaytv.com will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the dissemination, exhibition, distribution, or exploitation of any information or content contained within these third-party hyperlinked sites.

    Modifications to Site

    WePlaytv.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that wePlaytv.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of its services.

    Termination

    You understand and agree that you have no ownership right in your wePlaytv.com account. WePlaytv.com reserves the right to terminate or suspend your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this Agreement, or for any other reason. WePlaytv.com assumes no liability for any information removed from the Site, termination, and/or suspension of accounts for violating these terms and conditions.

    You may also terminate your account at any time. This termination is effective immediately. After termination, you will not be given back any of your User Submissions, nor will you be given access to such User Submissions.

    We reserve the right to permanently restrict access to our products and services to Members who have had their accounts cancelled or suspended.

    General

    You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over wePlaytv.com, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and wePlaytv.com that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Sacramento County, California. These Terms of Use, together with the Privacy Policy and any other legal notices published by wePlaytv.com on the Site, shall constitute the entire agreement between you and wePlaytv.com concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and wePlaytv.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. wePlaytv.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or related services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    Thank you for your use of our Site and please contact us with any questions.

    Effective date: July 1, 2008

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