PlayDate Buddy Terms of Use Agreement
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Welcome to a service of PlayDate Corp.
(hereinafter referred to as "PlayDate Corp." , "PlayDate Buddy", "PlayDate",
"PlayDate Site" or "Site"). You must read and agree to these terms and conditions before
you may access or view our Site. Please read them carefully. By visiting the
PlayDate Buddy Site, you are agreeing to its terms. This Agreement is subject to
change at any time, and changes are effective upon posting. Bookmark this page
and check it frequently as it is up to you to refer to this page for any
amendments/changes to the original Agreement.
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1. Eligibility:
You must be eighteen years of age or older to register
as a member of or use this Site. Membership in the service is void where
prohibited. By using and/or viewing this site, you represent and warrant that
you have the right, authority, and capacity to enter into this Agreement and to
abide by all of its terms and conditions and that you are at least 18-years
old.
2. Fees/Termination:
PlayDate Buddy's usage
and/or subscription fees and duration of services were provided to you upon
registration and may change from time to time upon electronic notice to you.
PlayDate Corp. reserves the right to terminate your access to the Site
for any reason or no reason. PlayDate Corp. may terminate your
membership upon sending notice to you at the email address you provide in your
application for membership or such other email address as you may later provide
to us. If PlayDate Corp. terminates your membership in the PlayDate
service because you have breached this Agreement, you will not be entitled to
any refund of any unused subscription fees. Even after this Agreement is
terminated by us, certain provisions will remain in effect including sections
1, 3, 12, 13, 14, inclusive, of this Agreement.
If by reason of death or Disability you, the buyer, are unable to receive all
services for which the buyer has contracted, the buyer and the buyer's estate
may elect to be relieved of the obligation to make payments for services other
than those received before death or the onset of Disability. "Disability" means
a condition which precludes the buyer from physically using the services
specified in the contract during the term of disability and the condition is
verified in writing by a physician designated and remunerated by the buyer. The
written verification of the physician shall be presented to PlayDate, the
seller. If you, the buyer, have prepaid any amount for services, so much of the
amount prepaid that is allocable to services that the buyer has not received
due to death or Disability shall be promptly refunded to the buyer or his or
her representative.
3. Non-Commercial Use by Members/Viewers:
The PlayDate Buddy site is for the personal use of
individual members and viewers only and may not be used in connection with any
commercial endeavors. Organizations, companies, and/or businesses may not
become members of this PlayDate site and shall not use the PlayDate service or
Site for any purpose including but not limited to: sending unsolicited
commercial e-mail to users, sending advertisements for other web sites and
services in this site's forums or chat rooms, or using member personal identifying
information for commercial purposes. Illegal and/or unauthorized uses of the
site, including unauthorized framing of or linking to the site or the sending
of unsolicited commercial email will be investigated, and appropriate legal
action will be taken, including without limitation, civil, criminal, and
injunctive redress and/or termination of membership at PlayDate's sole
discretion. In order to prevent the sending of unsolicited commercial email or
chat messages to its members, PlayDate Corp. may take reasonable steps,
including the limiting of the numbers of emails or chat messages sent or
received by a member and electronically filtering or throttling or terminating
e-mail and chat messages at PlayDate Corp.'s sole discretion.
4. Proprietary Rights of Content on PlayDate Buddy:
PlayDate Corp. owns and retains other
proprietary rights in the PlayDate Buddy site and the PlayDate service. The site
contains the copyrighted material, trademarks, and other proprietary
information of PlayDate Corp., and its licensors. Except for that
information which is in the public domain or for which you have been given
permission, you may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information.
5. Content Posted on the Site/CDA:
A) PlayDate Corp. claims immunity from
liability to the fullest extent under the law and as provided under the
Communications Decency Act for Content provided by third parties and members
and nothing in this Agreement is intended to waive, remove, or usurp such
immunity. You understand and agree that PlayDate Corp. may delete any
content, messages, photos or profiles (collectively, "Content") that in the
sole judgment PlayDate Corp. violates the Terms of Use or which might
be offensive, illegal, or that might violate the rights, harm, or threaten the
safety of PlayDate Corp. and/or its members.
B) You are solely responsible for the content that you publish or display
(hereinafter, "post") on the PlayDate Site, or transmit to other PlayDate Buddy members.
C) By posting content to any public area of PlayDate Buddy, you automatically grant,
and you represent and warrant that you have the right to grant, to Corp. and its members,
an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform, display, and distribute
such information, rights of publicity, and content and to prepare derivative
works of, or incorporate into other works and other media, such information and
content, and to grant and authorize sublicenses of the foregoing. For privacy
terms, please refer to our
Privacy Policy.
D) PlayDate Corp. will investigate and take appropriate legal action in
its sole discretion against anyone who violates this provision, including
without limitation, removing the offending communication from the site or
service and terminating the membership of such violators. The following is a
partial list of the kind of content that is illegal or prohibited on the site -
it includes content that: is patently offensive to the online community, such
as content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual; harasses or advocates harassment of another
person or invades their privacy; involves the transmission of "junk mail",
"chain letters," or unsolicited commercial e-mail or "spamming"; promotes
information that you know is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files; contains restricted or
password only access pages, or hidden pages or images (those not linked to or
from another accessible page); displays pornographic or sexually explicit
material of any kind; provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information from anyone
under 18; provides content that involves cursing, swearing, incest, falsifying
gender, violence, necrophilia, impersonating another member, threat of suicide
or harm to oneself or others, drug paraphernalia, or bestiality; provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses; solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; sending advertisements in chat or
instant messaging messages; and engages in commercial activities and/or sales
without our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
E) You must use the PlayDate service in a manner consistent with any and all
applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You agree that you will
not use any device, software or routine to bypass or to interfere or attempt to
interfere with the proper working of the PlayDate Site. You agree that you will
not take any action that imposes an unreasonable or disproportionately large
load on our infrastructure. Much of the information on our site is updated on a
real time basis and is proprietary or is licensed to PlayDate Corp. by
our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members to
buy or sell any products or services through the service. You will not transmit
any chain letters or junk email to other PlayDate members. Although PlayDate
Corp. cannot monitor the conduct of its members off the PlayDate site,
it is also a violation of these rules to use any information obtained from the
service in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any member without their prior
explicit consent.
H) Your profile (and the contents thereof) may be searchable by third-party
publicly available search engines.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any
way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such proprietary
rights or otherwise have a valid basis under the law, including "fair use".
Without limiting the foregoing, if you believe that your work has been copied
and posted on the PlayDate service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information
consistent with the Digital Millennium Copyright Act (DMCA): an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest; a description of the copyrighted work that you claim
has been infringed; a description of where the material that you claim is
infringing is located on the our site including the URLs of web pages and/or
hyperlinks; your address, telephone number, and email address; a written
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; a statement by you,
made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf. PlayDate Corp.'s Copyright Agent for Notice
of claims of copyright infringement or those under the DMCA can be reached as
follows:
General Counsel, PlayDate Corp.
P.O Box 3015,
Dana Point, CA 92629
It is the intention of PlayDate Corp. to fully comply with the DMCA,
including the Notice and "take down" provisions and to benefit from the safe
harbors immunizing it from liability to the fullest extent provided by law, and
to the extent the Notice and "take down" requirements above deviate from the
requirements under the DMCA then the Notice requirements as provided by the
DMCA shall control and are herein incorporated by reference.
7. Member Disputes:
PlayDate Corp. does not solicit or
control the information provided by other users that is made available through
our system. You may find other user's information to be offensive, harmful,
inaccurate and/or deceptive. If so, please request a profile review using the
link provided on the PlayDate Contact page or at various other places
throughout the website. Please also use caution, common sense, and safety when
using our site. You are solely responsible for your interactions with other
PlayDate members. Because it is not involved in member interactions, in the
event that you have a dispute with one or more members or those who have
posted, viewed and/or used information on the PlayDate site, you release
PlayDate Corp., including its officers, directors, agents, subsidiaries
and employees, from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes. If
you are a California resident, you waive California Civil Code § 1542, which
says: "A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor." PlayDate Corp. reserves the right, but has no obligation, to
monitor disputes between you and other members.
8. Privacy:
Use of the PlayDate site and/or its service is
governed by our
Privacy Policy, which may change from time to time upon electronic
notice to you.
9. Disclaimers:
PlayDate Corp., including its officers,
directors, agents, subsidiaries and employees is not responsible for any
incorrect or inaccurate content posted on the PlayDate site or in connection
with the PlayDate service, whether caused by users, members or by any of the
equipment or programming associated with or utilized in the service, nor for
the conduct of any user and/or member of the PlayDate service whether online or
offline. PlayDate Corp. assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, user and/or member communications. PlayDate Corp. is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer on-line-systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any website or combination thereof,
including injury or damage to users and/or members or to any other person's
computer related to or resulting from participating or downloading materials in
connection with the PlayDate site and/or in connection with the PlayDate
service. Under no circumstances PlayDate Corp., be responsible for any
loss or damage resulting from anyone's use of the Site or the service and/or
any content posted on the PlayDate site or transmitted to PlayDate Members. The
Site and the service are provided "AS-IS" and PlayDate Corp. expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
PlayDate Corp. cannot guarantee and does not promise any specific
results from use of the site and/or the PlayDate service.
10. Limitation on Liability:
Except in jurisdictions where such provisions are
restricted (and in that event liability is disclaimed to the fullest extent
permitted by law), in no event will PlayDate Corp. be liable to you or
any third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits arising from your use
of the Site or the PlayDate service, even PlayDate Corp. has been
advised of the possibility of such damages. You further agree to hold PlayDate
Corp., including its officers, directors, agents, subsidiaries and
employees harmless for claims arising in the event that other user’s
profile ultimately proves to be offensive, harmful, inaccurate and/or
deceptive. Notwithstanding anything to the contrary contained herein, PlayDate
Corp.'s liability to you for any cause whatsoever, and regardless of
the form of the action, will at all times be limited to the amount paid, if
any, by you to PlayDate for the service during the term of membership.
11. U.S. Export Controls:
Software from this site is further subject to
United States export controls. No software from this Site may be downloaded or
otherwise exported or re-exported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or a national or resident of
any such country or on any such list.
12. Arbitration of Disputes:
Any and all disputes arising out of or related to
these Terms of Use and/or your relationship with PlayDate Corp. and/or
your use of this Site shall be submitted to binding arbitration according to
the rules of the American Arbitration Association. The parties to the
arbitration shall evenly divide any and all costs of the arbitration. Neither
party shall be entitled to attorney fees. All parties submit to exclusive
jurisdiction in Orange County, California. The arbitration shall take
place exclusively in Orange County, California at JAMS before a retired
judge and shall be governed by California law without regard to its conflict of
law provisions.
13. Indemnity:
You agree to indemnify and hold PlayDate Corp., its subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising out of
your use of the service in violation of this Agreement and/or arising from a
breach of these Terms of Use and/or any breach of your representations and
warranties set forth above.
14. Membership Subscription and Billing:
A. Subscription Billing
If you choose a monthly PlayDate Buddy Membership Subscription, you agree that your PayPal® account will be debited or the credit card given will be charged, the applicable monthly subscription fee, any applicable sales tax and any other charges you may incur in connection with your use of the PlayDate Buddy Membership Subscription. If you choose a monthly PlayDate Buddy Membership Subscription, each subscription fee will be billed at the beginning of your subscription(s) and on each thirty-day renewal period thereafter (each a monthly renewal) unless and until you cancel. If you choose a yearly PlayDate Buddy Membership Subscription, each subscription fee will be billed at the beginning of your subscription(s) and on each yearly renewal period thereafter unless and until you cancel. All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
B. AUTOMATIC RENEWALS
i. Monthly Billing Plans
Your Monthly Service subscription(s) will be automatically renewed on a monthly basis. Your subscription(s) will automatically renew for successive monthly subscriptions, without prior notice to you, until you cancel your subscription or we terminate it.
ii. Yearly Billing Plans
Your Yearly Service subscription will be automatically renewed on a yearly basis. Your subscription(s) will automatically renew for successive yearly subscriptions, without prior notice to you, until you cancel your subscription or we terminate it.
C. CANCELLATION
To cancel your service, please contact us at subscriptions@playdatebuddy.com with your User email and Password. Cancellation requests must be prior to the end of the then current monthly renewal period to avoid incurring charges for the next monthly subscription period. Cancellation requests must be prior to the end of the then current yearly renewal period to avoid incurring charges for the next yearly subscription period. We do not provide refunds or credits for any partial monthly subscription periods.
PlayDate Corp. reserves the right to terminate your PlayDate Buddy Membership and terminate your access to the Membership Service for violation of the PlayDate Terms of Service, as detailed in this agreement. Should your PlayDate Buddy Membership Subscription be terminated, all fees and charges are nonrefundable.
D. MISCELLANEOUS
Once you are registered, you can log in to access the features of the PlayDate Buddy Membership by typing in your email address and password.
You Expressly Understand and agree that:
Your use of PlayDate Buddy Membership is at your sole risk. PlayDate Buddy Membership is provided on an "as is" and "as available" basis. PlayDate Corp. expressly disclaims all warranties of any kind, whether implied or express, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
PlayDate Corp. makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure or error free, (iii) the quality of the service will meet your expectations, (iv) or that this website, its content, and the servers on which the website and content are available are free of viruses or other harmful components.
The Terms of Service, and the applicable PlayDate Corp. Privacy Policy constitute the entire agreement between you and PlayDate Corp., with respect to the PlayDate Buddy Membership and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PlayDate Corp. with respect to PlayDate Buddy Membership. If any provision of the PlayDate Corp. Terms of Service is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the PlayDate Corp. Terms of Service shall continue in full force and effect.
15. Notices/Other:
Except as explicitly stated otherwise, any
notices shall be given by postal mail to:
General Counsel, PlayDate Corp.
P.O. Box 3015,
Dana Point, CA 92629
or to the email address you provide to PlayDate during the registration
process. Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Alternatively,
PlayDate Corp. may give you notice by certified mail, postage prepaid
and return receipt requested, to the address provided to PlayDate during the
registration process. In such case, notice shall be given 3 days after the date
of mailing. You agree that this Agreement and all incorporated Agreements may
be automatically assigned by PlayDate Corp., in our sole discretion, to
a third party. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. References to
PlayDate Corp. shall include its subsidiaries, affiliates, officers,
agents, and other partners and employees. PlayDate Corp.'s failure to
act with respect to a breach by you or others does not waive its right to act
with respect to subsequent or similar breaches. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
PlayDate Corp. is located at:
33802 Alcazar Dr., Suite #3, Dana Point, CA 92629
(Revised June 30, 2007)
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