Playto Terms of Service
Introduction and Eligibility
1. Binding Agreement. Please read these Terms carefully before using the Services. By accessing, using, downloading, browsing, or otherwise using any of the Services, you agree to follow and be bound by these Terms.
2. Eligibility. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and now consent to the Terms, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services. If you are a parent or guardian agreeing to the Terms for the benefit of anyone under the age of 18, you represent and warrant that you have reviewed and now consent to the Terms and accept full responsibility for your child’s use of the Services, including all financial charges and legal liability that such child may incur in connection with the use of the Services.
3. Additional Terms. We may require you to agree to additional terms, rules, policies, guidelines, or other conditions of use (collectively, the “Additional Terms”) in order to use particular products, services, and/or features, to license certain products available through certain Services, and/or to receive or use some Services that we may offer from time to time. If there is any conflict between the Additional Terms and these Terms, the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.
4. Revisions to Terms. You understand and agree that we may revise these Terms at any time without prior notice by posting an updated version. Revised Terms will become effective at the time of posting, and you can determine when these Terms were last revised by referring to the “Effective Date” at the top of these Terms. You should visit this page periodically to review the most current Terms, as your continued use of the Services after a change to these Terms constitutes your binding acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease using the Services.
5. Changes to the Services. Playto reserves the right to make improvements and/or changes in the Services at any time, at our sole discretion and with or without notice. You agree that we are not liable to you or to any third party in any way for any modification, suspension, or discontinuance of all or some of the Services. We may limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction that Playto chooses, from time to time, and in our sole discretion.
6. Permission to Use the Services. We grant you permission to use the Services subject to the restrictions in these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to User Content (as defined below) that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
I. Content Ownership and Use
1. Medical Disclaimer. The Services are for educational purposes only. The Services are not intended for medical purposes. Playto does not give medical advice. The Services may provide helpful content, but any information and materials available through the Services are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your own judgment in consultation with your health care provider. The Services are not a substitute for professional medical treatment. You assume full risk and responsibility for the use of information you obtain from or through the Services. Always seek the advice of your physician or other qualified health care provider regarding a medical condition. Playto does not recommend or endorse any provider of health care or health-related products, items, or services, and does not recommend or endorse any specific tests, procedures, treatments, opinions, products, or other health related services.
2. Proprietary Rights. The Services contains material including, but not limited to, software, computer code, designs, text, graphics, images, video, audio files, information, logos, button icons, and other content (collectively, the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements we have with third-parties. All Content and the compilation (meaning the collection, arrangement, and assembly) of all Content are protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, trade dress, patent, and/or other rights and laws. Except as expressly authorized in writing by Playto or expressly permitted by these Terms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on the Services or the Content, in whole or in part.
3. Trademarks. The trademarks, service marks, and logos of Playto (the “Playto Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Playto. Other company, product, and service names used and displayed on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and collectively with the Playto Trademarks, the “Trademarks”). Nothing on the Services or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the prior written consent of the Trademark owner for each such use. The Trademarks may not be used to disparage Playto or the applicable third-party owner, any products or services of Playto or applicable third parties, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Playto reserves all rights not expressly granted herein.
4. Limited License to You. Subject to these Terms, Playto hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to use the Services and Content for your own personal use, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, scrape, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in the Services or Content. You may not download, copy, or save any Content or any portion of it, for any purpose, except as permitted by select Services as provided for in the specific guidelines or Additional Terms applicable to such Services, and in the limited cases where you need to print or save a copy of individual screens or information appearing as part of the Services solely for personal use or records, provided that any logos, marks or other legends that appear on copied screens remain and are not removed from the copy. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Except for those rights expressly granted in these Terms or any applicable Additional terms, no other rights are granted, whether express or implied.
II. Your Access to the Services and Account Information
1. Registration, Usernames, and Passwords. You may be required to register with Playto in order to access certain aspects or areas of the Services. With respect to any such registration, Playto may refuse to grant you permission to register under a specific username or email address for any reason, at our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occurs in connection with your username or password. If you have any reason to believe that any unauthorized use of your username or password or any other breach of security related to your account has occurred, you agree to immediately notify Playto by e-mail to privacy@playto,org. Playto is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
III. Information and User Content Submitted Through the Services
2. Your User Content Submitted Through the Services. The Services may provide you with the ability to create, post, or share content (“User Content”). Playto claims no ownership or control over your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Services. You are responsible for protecting those rights.
3. You Must Have Rights to the User Content You Post. You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; and (iii) the posting of your User Content on the Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of content you post on or through the Services. You also acknowledge and agree that your User Content is non-confidential and non-proprietary.
5. Other Users’ Permission to Use Your User Content. By creating, posting, or sharing your User Content on or through the Services, you also agree to permit any other user to access, display, view, store and reproduce such submissions for personal use.
6. Content from Other Users and Playto Licensors. You understand and agree that you will not obtain, as a result of your use of the Services, any right, title, or interest in or to others’ content delivered via the Services or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
Text Messages from the Services. By providing Playto with your mobile telephone number and requesting that we communicate information to you by text message, you consent to receive commercial text messages at that number as requested. We may charge for text messaging services, and standard messaging, data, and other fees may be charged by your wireless service carrier. You are responsible for these charges. You may turn off or unsubscribe from these messages by texting STOP in reply to text messages from the Services. You may also be able to change your text message preferences using the Services.
We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. Playto is not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
Electronic Notices. By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at email@example.com.
V. User Content Disclaimers, Limitations and Prohibitions
Interactions with Other Users or Third Parties. The Services may enable or facilitate communications between you and other users or third parties. As a neutral facilitator, we are not directly involved in the actual transactions and/or communications between you and other third parties. We have no control over the truth, accuracy, quality, legality, offensiveness, or safety of content or other postings made by other users or third parties. You shall at all times exercise common sense and good judgment when dealing with any other users or third parties through the Services. You are solely responsible for your involvement with other users and third parties. We reserve the right, but have no obligation, to monitor disagreements between any users of the Services.
You are solely responsible for Your User Content on the Services. Playto does not endorse any, nor is it responsible for, User Content on the Services. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Rules of Conduct. While using the Services you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, Playto expects users of our Services to respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Services.
You understand, acknowledge, agree and warrant that you may not and that you will not:
· Post, transmit, or otherwise make available through or in connection with the Services anything that is or may be: (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
· Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
· Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
· Use the Services to advertise or offer to sell or buy any goods or services without Playto’s express prior written consent.
· Use the Services for any fraudulent or unlawful purpose.
· Harvest or collect personally identifiable information about other users of the Services.
· Impersonate any person or entity, including any representative of Playto or its affiliates or business partners; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that Playto endorses any statement you make.
· Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks.
· Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services).
· Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any Content, product, service and other materials available through the Services).
· Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
· Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services.
· Frame or mirror any part of the Services without Playto’s express prior written consent.
· Create a database by systematically downloading and storing all or any Content.
· Upload, post, or transmit to the Services any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
· Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Services, without Playto’s express prior written consent.
VI. Consequences of Violating These Terms
Monitoring. Playto reserves the right, but has no obligation, to monitor use of the Services and/or any activities conducted through or in any way related to the Services.
Playto may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Services.
Termination. Playto reserves the right, in its sole discretion, to restrict, suspend or terminate your account and your access to all or part of the Services for any reason. We reserve the right to restrict, suspend or terminate your account and your access to all or part of the Services in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.
VII. Playto’s Liability
Changes to the Services. We may change, suspend, or discontinue any aspect of the Playto Service at any time, including hours of operation or availability of the Services or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Playto of all claims, demands, and damages in disputes among users of the Services. You also agree not to involve us in such disputes.
Third-Party Links and Services. The Services may contain links to third-party websites or services or may enable you to access areas of the Services using your account on third party social media websites (collectively, “Third Party Links and Services”). Third Party Links and Services are not under the control of Playto and Playto is not responsible for the contents of or any changes or updates to any Third Party Links and Services. Playto is not responsible for any form of transmission received from any Third Party Links and Services. Playto is providing any such Third Party Links and Services to you only as a convenience, and the inclusion of such Third Party Links and Services does not imply endorsement by Playto of such Third Party Links and Services or any associated products or services. You agree that your use of Third Party Links and Services, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such Third Party Links and Services.
Disclaimer of Warranties. PLAYTO AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES OR CONTENT FOR ANY PURPOSE. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN.
YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK AND THAT THE SUTE AND CONTENT ARE OFFERED ON AN “AS IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED IS GIVEN. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES OR ANY CONTENT. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR CONTENT, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED ON THE SERVICES BY PLAYTO OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO PLAYTO TO ACCESS AND USE THE SERVICES.
THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Services or Content. The Company Parties shall provide notice to you of any such claim, suit, or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist the Company Parties in defense of such matter.
VIII. Miscellaneous Terms
Compliance with Applicable Laws. Playto makes no claims concerning whether the Services or Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or Content from outside the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for ensuring compliance with the laws and regulations of your specific jurisdiction. [GP1]
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading any Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
General. These Terms constitute the entire agreement between you and Playto with respect to our Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Playto with respect to the Services. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. Playto will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Governing Law and Forum. You and the Company Parties agree to submit to the personal and exclusive jurisdiction of Hong Kong for any action or proceeding arising out of or related to these Terms, without regard to applicable conflict of law provisions. The United Nations Convention on the International Sale of Goods is specifically excluded from these Terms. Nothing herein shall be deemed to constitute consent by Playto to the jurisdiction of any court or other forum of any other country for the purpose of resolving any dispute hereunder, and you covenant not to sue the Company Parties in any other forums.
Class Waiver and Waiver of Jury Trial. You agree to first contact Playto at firstname.lastname@example.org regarding any claim or controversy arising out of or relating to these Terms or your use of the Services. You agree that regardless of any statute or law to the contrary, you must file any such claim within one (1) year after such claim arose or it is forever barred. Any proceedings to resolve or litigate any dispute in any forum with respect to these Terms or the Services will be conducted solely on an individual basis. Neither you nor the Company Parties will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You agree to waive your right to a jury trial in connection with any dispute relating to these Terms or your use of the Services. If this class action waiver or waiver of jury trial is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
Playto Holdings Inc. 2402 Dominion Centre, 43-59 Queen’s Road East, Wanchai, HONG KONG
Last updated: 20 September 2015