Last modified October 9, 2012
The Playforge reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
When you access a The Playforge Offering, send e-mails or electronically chat with The Playforge, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in The Playforge Offerings. You agree that all agreements, notices, disclosures and other communications that The Playforge provides to you electronically satisfy any legal requirement that such communications be in writing.
If you access one of our games (each, a "Game"), you may have the opportunity to use virtual, in-game currency ("virtual currency") to license a variety of virtual, in-game items ("virtual items") that can be used while playing such Game. You may be required to pay a fee to obtain virtual currency.
You have no property interest in any virtual currency or virtual items. Any purchase of virtual currency, and virtual currency accumulated through any applicable Game membership benefits, are purchases of a limited, non-transferable, revocable license to use that virtual currency within the applicable Game. Virtual currency and virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual currency and virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Game. Virtual currency and virtual items cannot be refunded or exchanged for cash or any other tangible value. All virtual currency and virtual items are unconditionally forfeited if your Game account is terminated or suspended for any reason, in The Playforge's sole discretion, or if The Playforge discontinues any Game.
If you access our Games, you may be required to register an account on the Offering, or may be required to have a valid account on the social networking service through which you connect to the Offering, or have an account with the applications provider for your mobile device.
You must provide all equipment and software necessary to connect to the Offerings, including, but not limited to, a mobile device that is suitable to connect with and use the Offerings, in cases where the Offerings offer a mobile component.
If The Playforge has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, The Playforge may suspend or terminate your ability to use or access Games and refuse any and all current or future use of or access to Games (or any portion thereof).
The content within The Playforge Offerings includes the software, communications, images, text, sounds, and all the material and information you encounter through The Playforge Offerings. The Playforge supplies most of the content within The Playforge Offerings. You bear the risk of the completeness, accuracy or usefulness of any content found on The Playforge Offerings.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within The Playforge Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. The Playforge does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any The Playforge Offerings. The Playforge does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through The Playforge Offerings. You agree to indemnify The Playforge and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through The Playforge Offerings.
You acknowledge and agree that your communications with other users via online messaging, forums or bulletin boards, or any other similar types of communication on or through any The Playforge Offering, are public and not private communications, and you have no expectation of privacy concerning your use of or participation in any The Playforge Offerings (other than with respect to the information you provide to us in establishing your The Playforge account(s), if applicable). You acknowledge that personal information that you communicate publicly within any The Playforge Offering may be seen and used by others and may result in unsolicited communications. The Playforge is not liable for any information that you choose to communicate to other users on or through any The Playforge Offerings, or for the actions of any other users of any The Playforge Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any The Playforge Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify The Playforge and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant The Playforge permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a The Playforge Offering, you expressly grant The Playforge the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind.
You may not use any portion of The Playforge Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any The Playforge Offerings, or otherwise exploit your participation on or through any The Playforge Offerings for any commercial purpose.
We may require that you download software from The Playforge or its licensors onto your computer ("The Playforge Software"). The Playforge grants to you a non-exclusive, non-transferable, revocable, limited license to use The Playforge Software to participate in The Playforge Offerings. The Playforge Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of The Playforge Software.
NEITHER THE PLAYFORGE NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY THE PLAYFORGE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE PLAYFORGE SOFTWARE, RESIDES WITH YOU.
The Playforge reserves the right to collect fees, surcharges or costs incurred before you cancel your The Playforge account(s) or a particular subscription. In the event that your The Playforge account or a particular subscription is terminated or cancelled, The Playforge shall not be required to grant nor refund online time or other credits (e.g., points in an online game) nor be obligated to credit to you nor convert to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before The Playforge may allow you to create any new or additional accounts. All virtual currency and virtual items are unconditionally forfeited if your Game account is terminated or suspended for any reason, in The Playforge's sole discretion, or if The Playforge discontinues any Game.
YOU EXPRESSLY AGREE THAT THE USE OF ANY THE PLAYFORGE OFFERING, THE PLAYFORGE SOFTWARE AND THE INTERNET ARE AT YOUR SOLE RISK. ALL THE PLAYFORGE OFFERINGS AND THE PLAYFORGE SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PLAYFORGE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE THE PLAYFORGE OFFERINGS OR THE PLAYFORGE SOFTWARE AT TIMES OR LOCATIONS, OR THAT THE THE PLAYFORGE OFFERINGS, THE PLAYFORGE SOFTWARE, NEWSLETTERS OR E-MAILS SENT FROM THE PLAYFORGE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE PLAYFORGE IS TO STOP USING THE THE PLAYFORGE OFFERINGS AND THE PLAYFORGE SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR THE PLAYFORGE ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT THE PLAYFORGE IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A THE PLAYFORGE OFFERING BY, ANY THE PLAYFORGE OFFERING USER. IN NO EVENT SHALL THE PLAYFORGE OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE PLAYFORGE FOR YOUR PARTICIPATION IN ANY THE PLAYFORGE OFFERING. IN NO CASE SHALL THE PLAYFORGE OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY THE PLAYFORGE OFFERING OR THE PLAYFORGE SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE PLAYFORGE' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PLAYFORGE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PLAYFORGE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PLAYFORGE OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING THE PLAYFORGE OFFERINGS AND THE PLAYFORGE SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
Attn: Legal Department
1720 South Amphlett Blvd. Suite #320
San Mateo, California 94402 USA
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a The Playforge Offering in a way that may constitute copyright infringement, you may provide notice of your claim to The Playforge's Designated Agent listed below. For your notice to be effective, it must include the following information:
(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) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within The Playforge Offering;
(iv) Information reasonably sufficient to permit The Playforge to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
(v) A 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; and
(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) The Playforge's Designated Agent is:
Attn: Legal Department, Intellectual Property Agent
1700 S Amphlett Blvd Suite 205
San Mateo, California 94402 USA