AirPlay Network Terms of Service
Welcome to AirPlay Network! The services and content available at
www.airplay.com and all linked pages ("AirPlay Network Site") owned or
operated by AirPlay Network, Inc., a Delaware corporation ("AirPlay
Network", "us" or "we"), and our mobile gaming applications ("AirPlay
Network Games") may be accessed by you only subject to the Terms of
Service described below ("Terms of Service").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE AIRPLAY
NETWORK SITE OR GAMES. BY ACCESSING THE AIRPLAY NETWORK SITE OR GAMES OR
USING ANY PART OF THE SITE OR GAMES, YOU AGREE TO BECOME BOUND BY THESE
TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICES, THEN
YOU MAY NOT ACCESS THE AIRPLAY NETWORK SITE OR GAMES (AS APPLICABLE).
AIRPLAY NETWORK'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT
TO ALL OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS;
IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER BY AIRPLAY NETWORK,
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Modifications to Terms of Service
We reserve the right, at our sole discretion, to modify or replace the
Terms of Service (including any part thereof) at any time. If the
alterations constitute a material change to the Terms of Service, we
will endeavor to notify you via email. What constitutes a "material
change" will be determined at our sole discretion, in good faith and
using common sense and reasonable judgment. You shall be responsible for
regularly reviewing these terms and becoming familiar with any such
modifications. Your use of the AirPlay Network Site or Games following
any modification (and, if material, the applicable notification)
constitutes your acceptance of the terms and conditions of the Terms of
Service as modified. There may be additional terms and conditions if you
use affiliate services, other AirPlay Network services or products, or
third-party software and/or services.
Description of AirPlay Network Site and Games
The AirPlay Network Site and Games may include, without limitation,
text, user comments, messages, information, data, graphics, news
articles, photographs, images, illustrations, software, audio clips and
video clips. We may change, suspend or discontinue the AirPlay Network
Site or Games (including any part thereof) for any reason, at any time,
including the availability of any feature or part of the available
content. We may also impose limits on certain features and services or
restrict your access to parts or all of the AirPlay Network Site or
Games without notice or liability.
All materials contained on the AirPlay Network Site and Games, including
without limitation text, graphics, icons, images and software, are the
property of AirPlay Network or its content suppliers and are protected
by United States and international copyright laws. The compilation of
all content on this site is the exclusive property of AirPlay Network.
You may not alter or remove any trademark, copyright, patent or other
notice from copies of content.
AirPlay Network respects copyright law and expects our account holders
to do the same. Unauthorized copying or distribution of copyrighted
works is an infringement of the copyright holders' rights. AirPlay
Network may terminate the account of any user who AirPlay Network
believes, in its sole discretion, has infringed upon the copyright or
other intellectual property right of others. You may review our
copyright notice.
AirPlay Network and all other AirPlay Network logos and trade names are
trademarks or registered trademarks of AirPlay Network. All trademarks
used on the AirPlay Network Site are the property of their respective
owners.
Advertising Acknowledgement
You acknowledge and agree that AirPlay Network may include
advertisements on the AirPlay Network Site and within the AirPlay
Network Game end user experience. These advertisements may include
banner ads and promotions on the AirPlay Network Site, as well as
sponsor logos, interstitial ads and interactive ads within the AirPlay
Network Games as determined in AirPlay Network's sole discretion.
Your Registration Obligations
As a condition to using some or all of the AirPlay Network Site and
Games, you are required to register with AirPlay Network and select a
password and screen name ("AirPlay Network Member ID"). You shall
provide AirPlay Network with accurate, complete, and updated
registration information. Failure to do so shall constitute a breach of
the Terms of Service, which may result in immediate termination of your
AirPlay Network account. You may not (i) select or use as an AirPlay
Network Member ID a name of another person with the intent to
impersonate that person; (ii) use as an AirPlay Network Member ID a name
subject to any rights of a person other than you without appropriate
authorization; or (iii) use as an AirPlay Network Member ID a name that
is otherwise offensive, vulgar or obscene. AirPlay Network reserves the
right to refuse registration of, or cancel an AirPlay Network Member ID
in its sole discretion. You shall be responsible for maintaining the
confidentiality of your AirPlay Network password.
To register and receive services (including access to the AirPlay
Network Games and portions of the AirPlay Network Site) you must be at
least 18 years old, whether acting on your own behalf or as an
authorized employee or representative of a corporation or other business
entity. If you are not 18 years old but you are at least 13 years old,
you may still receive services, but only if your account was created and
registered by your parent or guardian. Further, you may only become a
registered user if you live in a country or other political division
that permits membership. If you do not so qualify, do not attempt to
register for or use the services. This Agreement will be void and
without effect, and you will not be entitled to any services, if you do
not satisfy these age and jurisdiction requirements.
Your Use of the AirPlay Network Site and Games
You agree that you will not use any robot, spider, other automatic
device, or any manual process to monitor, copy, modify, distribute, or
publish any web pages within the AirPlay Network Site or the content
contained thereon without our prior written consent. You also agree that
you will not frame any portion of the AirPlay Network Site without our
prior written consent.
Your use of and access to the AirPlay Network Site and Games are subject
to all applicable local, state, national and international laws and
regulations, and you agree not to violate such laws and regulations in
your use of and access to the AirPlay Network Site and Games. In
addition, you agree that:
1. you will not interfere with another member's use and enjoyment of
AirPlay Network; 2. you will not interfere with or disrupt AirPlay
Networks' security measures; 3. you will not interfere with or disrupt
networks connected to AirPlay Network and will comply with all
regulations, policies and procedures of such networks; and 4. you will
comply with United States law regarding the transmission of technical
data exported from the United States with respect to or relating to any
of your dealings with AirPlay Network.
Indemnification of AirPlay Network
You agree to indemnify and hold AirPlay Network, as well as its parents,
subsidiaries, affiliates, officers, shareholders, employees and
independent contractors harmless from any loss, liability, damages and
expenses (including without limitation reasonable attorneys' fees)
resulting from any claim or demand made by any third party arising out
of or in connection with your use of the AirPlay Network Site and Games,
your violation of these Terms of Service, or your violation of the
rights of any third party.
Termination
We may terminate or suspend any AirPlay Network account immediately,
without prior notice or liability, if you (1) breach any of the terms or
conditions of the Terms of Service, or (2) engage in any conduct that
we, in our sole discretion, believe is in violation of any applicable
law or regulation or is otherwise harmful to the interests of AirPlay
Network, any AirPlay Network user, or any third party. Upon termination
of your account, your right to access and use the AirPlay Network Site
and Games will immediately cease. All provisions of the Terms of Service
which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity obligations and limitations of
liability.
If your account is terminated, we may, but are not required to, remove
some or all of your content from our servers.
If you want to stop receiving email or text message communications from
AirPlay Network (but not terminate your account) you can a) send a text
message to 752988 with the word "STOP" to stop text messages or b)
deselect these options in your My AirPlay preferences at
http://www.airplay.com.
Reservation of Rights; Restrictions
All rights not expressly granted to you by AirPlay Network in this
Agreement are reserved. You understand and agree that (i) any software
provided to you in connection with the AirPlay Network is licensed to
you and not sold, not withstanding the use of words such as "buy,"
"purchase," "sell," and the like; and (ii) AirPlay Network and its
licensors retain title to the AirPlay Network Site and Games (and all
modifications, improvements and derivatives thereof) and all associated
copyrights, trademarks, and other intellectual property rights therein.
AirPlay Network Subscription and Limited Games License
Subject to your compliance with all the terms and conditions of the
Terms of Service, and your timely payment of all applicable fees,
AirPlay Network grants you a personal, non-sublicensable,
non-transferable, non-exclusive license to download, install and use
AirPlay Network Games: (i) solely on the mobile communication device
specified by you at the time of delivery (the "Designated Device"); (ii)
solely via the mobile communications carrier specified by you at the
time of delivery (the "Carrier"); and (iii) solely for your personal
noncommercial use only (the "License").
If the AirPlay Network Game was provided to you on a no-charge basis,
then your License is effective only during the trial period specified at
the time of delivery, unless you purchase a full-use license or a
subscription at the end of the trial period.
If the AirPlay Network Game was provided to you as part of a
subscription service ("Subscription"): (1) the License is effective only
during the period you remain a subscriber to such AirPlay Network
service and your Subscription is in good standing; (2) AirPlay Network
reserves the right to change its Subscription catalog offerings at any
time without notice; and (3) you can only access AirPlay Network Games
then-available in the AirPlay Network Subscription catalog. FOR THE
AVOIDANCE OF DOUBT, YOU WILL NOT BE ABLE TO ACCESS AIRPLAY NETWORK
GAME(S) YOU HAVE DOWNLOADED AS PART OF YOUR SUBSCRIPTION IF SUCH AIRPLAY
NETWORK GAME IS NO LONGER AVAILABLE IN AIRPLAY NETWORK'S THEN CURRENT
GAME SUBSCRIPTION CATALOG.
Your Subscription will continue and renew automatically (and you will be
billed accordingly) unless terminated or cancelled by you in accordance
with the procedures outlined on the AirPlay Network website or in the
Carrier's applicable policies.
AirPlay Network may suspend or terminate your Subscription and access to
the AirPlay Network Games immediately if AirPlay Network determines (in
its sole discretion) that you are in violation of the Terms of Services.
If your Subscription is suspended or terminated pursuant to this
paragraph, you will not receive any refund of any subscription fees
previously charged to your account.
Carrier; Fees and Billing
You agree to pay the applicable charges for your use of the AirPlay
Network Games specified at the time of delivery, plus any applicable
taxes, in accordance with the billing terms and prices in effect at the
time of the delivery.
You understand that pricing for the AirPlay Network Games may vary based
on your Carrier, Designed Device and other factors, such as your data
plan with your Carrier. Your Carrier will bill you for all AirPlay
Network purchases and subscriptions. Accordingly, all pricing, billing,
refund and other related inquiries and support shall be directed to your
Carrier's customer support team. Furthermore, you acknowledge and agree
that except as otherwise set forth herein, all pricing and billing terms
shall be determined by the terms of your agreement with your Carrier.
For most transactions, taxes may apply and there may be some additional
charges for the kilobytes used to deliver the AirPlay Network Games to
your Designated Devices. Note that many of AirPlay Network's Games use
network connections and transmit data over your carrier's wireless
network. For this reason, an appropriate data plan is strongly
recommended. Contact your wireless carrier for more information on their
data plan offerings. Note that standard text messaging rates apply to
text message communications.
Except as otherwise set forth in your agreement with your Carriers,
payments for AirPlay Network Services are billed in advance at the
beginning of the applicable month or at the beginning of the applicable
subscription period if not monthly. ALL PAYMENTS HEREUNDER ARE
COMPLETELY NON-REFUNDABLE. You may cancel the AirPlay Network Services
at any time, but AirPlay Network will not be obligated to refund any
remaining portion of your subscription fees already billed to your
account.
AirPlay Network User Conduct
As a condition of use, you promise not to use the AirPlay Network Site
or Games for any purpose that is unlawful or prohibited by these Terms
of Service, or any other purpose not reasonably intended by AirPlay
Network.
By way of example, and not as a limitation, you agree not to use the
AirPlay Network Site or Games:
(a) to abuse, harass, threaten, impersonate or intimidate other AirPlay
Network users;
(b) to contribute any content that is infringing, libelous, defamatory,
obscene, pornographic, abusive, offensive or otherwise violates any law
or right of any third party;
(c) for any illegal or unauthorized purpose (if you are an international
user, you agree to comply with all local laws regarding online conduct
and acceptable content);
(d) to post or transmit, or cause to be posted or transmitted, any
communication or solicitation designed or intended to obtain password,
account, or private information from any AirPlay Network user;
(e) to, except as expressly permitted by AirPlay Network, copy, modify,
distribute, adapt or hack the Site, Games or any Content or to modify
another website so as to falsely imply that it is associated with the
Site;
(f) to create or submit unwanted email or SMS messages ("Spam") to any
other AirPlay Network user or any URL;
(g) to violate any laws in your jurisdiction (including but not limited
to copyright laws);
(h) to submit stories or comments linking to affiliate programs,
multi-level marketing schemes, sites/blogs repurposing existing stories
(source hops), or off-topic content;
(i) to create separate user accounts with the intention of artificially
inflating the "AirPlay Network count", blog count, comments, or any
other AirPlay Network metric or service;
(j) after AirPlay Network has refused registration of, or canceled your
AirPlay Network Member ID, whether by attempting to register using a
different AirPlay Network Member ID or otherwise circumventing the
account registration process;
(k) to create an AirPlay Network Member ID using "bots" or any other
automated process, or to register an AirPlay Network Member ID with the
intention of preventing others from registering such AirPlay Network
Member ID;
(l) to violate any traditionally accepted rules governing contact
between adults and minors (anyone under 18), including respect for
privacy and restraints on language and behavior. Traditionally accepted
rules prohibit improper overtures, sexually suggestive activity and
prying questions in contact between adults and minors;
(m) to impersonate any other person including, but not limited to, any
AirPlay Network employee or other user of the Airplay Network Site or
Games, or to otherwise falsely claim to be authorized to act by or on
behalf of AirPlay Network or other users of the Site or Games (e.g. an
AirPlay Network Game Master); or
(n) to create or distribute software viruses, Trojan horses, worms, time
bombs, cancelbots or any other computer code or files that are designed
to disrupt, damage, or limit the functioning of any software or
hardware.
You shall not (and you shall not permit others to), directly or
indirectly, modify, translate, decompile, disassemble, or reverse
engineer any part of (or any content available through) the AirPlay
Network Site or Games (except to the limited extent applicable laws
specifically prohibit such restriction); or rent, lease, or otherwise
transfer any of the rights that you receive hereunder.
Copyright Complaints
AirPlay Network respects the intellectual property of others. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please follow AirPlay Network's Notice and
Procedure for Making Claims of Copyright Infringement, available at
http://www.airplay.com.
Warranty Disclaimers
Third Party Content. Much of the content displayed in connection with
the AirPlay Network Site and Games is developed by people over whom
AirPlay Network exercises no control. Accordingly, the AirPlay Network
Site and Games may include (or direct you to sites containing) content
that some people find objectionable, inappropriate, or offensive.
AirPlay Network cannot guarantee that your use of the AirPlay Network
Site and Games will not expose you to unintended or objectionable
content and AirPlay Network assumes no responsibility for what effects
the content may have on you, how you may interpret or use the content,
or what actions you may take as a result of having been exposed to the
content. You hereby release AirPlay Network from all liability for you
having acquired or not acquired content through the AirPlay Network Site
and Games. AirPlay Network makes no representations concerning any
content contained in or accessed through the AirPlay Network Site and
Games, and AirPlay Network will not be responsible or liable for the
accuracy, copyright compliance, legality or decency of material
contained in or accessed through the AirPlay Network Site and Games.
GENERAL DISCLAIMER. THE AIRPLAY NETWORK GAMES, SITE, AND SERVICES ARE
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links
The AirPlay Network Site and Games may provide, or third parties may
provide, links to other World Wide Web sites or other resources. Because
AirPlay Network has no control over such sites and resources, you
acknowledge and agree that AirPlay Network 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 on or available from such sites or resources. You
further acknowledge and agree that AirPlay Network 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.
Limitation of Liability
IN NO EVENT SHALL AIRPLAY NETWORK OR ITS SUPPLIERS OR LICENSORS BE
LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER
LEGAL THEORY WITH RESPECT TO THE AIRPLAY NETWORK SITE, GAMES, SERVICES
OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,
SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT
DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous
No agency, partnership, joint venture, or employment is created as a
result of the Terms of Service and you do not have any authority of any
kind to bind AirPlay Network in any respect whatsoever. The failure of
either party to exercise in any respect any right provided for herein
shall not be deemed a waiver of any further rights hereunder. AirPlay
Network shall not be liable for any failure to perform its obligations
hereunder where such failure results from any cause beyond AirPlay
Network's reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation (including
"line-noise" interference). If any provision of the Terms of Service is
found to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that the Terms of Service
shall otherwise remain in full force and effect and enforceable. The
Terms of Service is not assignable, transferable or sublicensable by you
except with AirPlay Network's prior written consent. AirPlay Network may
transfer, assign or delegate the Terms of Service and its rights and
obligations without consent. The Terms of Service shall be governed by
and construed in accordance with the laws of the state of California, as
if made within California between two residents thereof, and the parties
submit to the exclusive jurisdiction of the Superior Court of San
Francisco County and the United States District Court for the Northern
District of California. Notwithstanding the foregoing sentence, (but
without limiting AirPlay Network's right to seek injunctive or other
equitable relief in any court of competent jurisdiction), any disputes
arising with respect to this Agreement shall be referred to an
arbitrator affiliated with JAMS/ENDISPUTE. The arbitrator shall be
selected by joint agreement of the parties. In the event the parties
cannot agree on an arbitrator within thirty (30) days of the initiating
party providing the other party with written notice that it plans to
seek arbitration, the parties shall each select an arbitrator affiliated
with JAMS/ENDISPUTE, which arbitrators shall jointly select a third such
arbitrator to resolve the dispute. The written decision of the
arbitrator shall be final and binding on the parties. The arbitration
proceeding shall be carried on and heard in San Francisco, California
using the English language and pursuant to the rules of (and
administered by) JAMS/DISPUTE. In any action or proceeding to enforce
rights under the Terms of Service, the prevailing party will be entitled
to recover costs and attorneys' fees. Both parties agree that the Terms
of Service is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous
written and oral agreements, communications and other understandings
relating to the subject matter of the Terms of Service and that all
modifications, except as otherwise provided herein, must be in a writing
signed by both parties.
Additional Terms
The following policies are part of these Terms of Service, are
incorporated herein by reference, and provide additional terms and
conditions related to specific services offered as part of the AirPlay
Network Site and Games:
* Message Board Usage Policy -- http://www.airplay.com/Tos.tap#forums
* Affinity Points Policy -- http://www.airplay.com/Tos.tap#points
* Copyright/DMCA Notice -- http://www.airplay.com/Tos.tap#copyright
* Privacy Policy -- http://www.airplay.com/privacy
You may find additional help and support by:
* Visiting http://airplay.custhelp.com
* Emailing us at support@airplay.com
