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Terms & Conditions

Version 1 published on Oct. 16th 2014.

Playster Introductions

Please read these Terms and Conditions (collectively with Playster’s Privacy Policy, Playster Payment Terms and DMCA Copyright Policy, the “Terms and Conditions”) fully and carefully before using www.Playster.com (the “Site”) and the services, features, content or applications, including the Playster mobile application (the “Application”). The Site and the Application are, offered to you by Playster Corporation (“Playster”, “we”, “us” or “our”) (together with the Site and the Application, the “Services”). These Terms and Conditions set forth the legally binding terms and conditions for your use of the Site and the Services.We’re excited to have you with us at Playster, and we’re pleased to make our Services available to you.In order to use the Services, you must be 18 years of age or older. If you are under age 18, you may not use the Services under any circumstances or for any reason.These Terms and Conditions apply to all users of the Services. If you don’t agree with these terms, please do not use the Services.

Acceptance of Terms and Conditions

By registering for and/or using the Services in any manner -- including but not limited to visiting or browsing the Site or downloading our Application -- you agree to these Terms and Conditions and all other operating rules, policies, and procedures published on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. When we make changes that we consider significant, we will inform you by an appropriate means of electronic communication.From time to time part of the Services may be subject to additional terms and conditions specified by us. When we add terms and conditions that we consider significant, we will inform you by an appropriate means of electronic communication. By continuing to use such Services after these changes are made, you are expressing your acceptance of these additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.

Eligibility

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Registration

To sign up for the Services, you must register for an account on the Services (an “Account”).You must provide accurate and complete information and keep your Account information updated. Please respect Playster and the other users of the Services. Some examples of what this means: it is not permitted to (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to cancel your subscription, either directly or through a request made to one of our employees or affiliates; provided we may retain copies of information and Content associated with your account.

By registering for, or otherwise connecting to the Services with a third-party service (e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service.

Content
Definition

For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, data, text, photographs, book, videos, motion pictures, audiorecordings, music clips, video games, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.).Notices and restrictions

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Use license

Subject to these Terms and Conditions (including payment of all applicable fees and charges), we grant each registered user of the Services a worldwide, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Services in the manner set forth herein, and to access Contentwe make available via the Services solely for such user’s personal, non-commercial purposes during an applicable subscription or free-trial period, and subject to any further usage restrictions we may indicate on the Services with respect to such Content. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. You agree and acknowledge that Playster and its licensors owns and retains all right, title and interest in its data, information and content on or through the Services, including without limitation, all associated copyright, trademark, patent and trade secret rights. Content served by Playster or third parties directly through the Services is the property either of Playster or its licensors, partners and/or advertisers. Other than as expressly provided herein, these Terms and Conditions gives you no express or implied license to Playster Content or any Content or any content owned by someone other than you including without limitation, any right to use sell, rent, copy, distribute, broadcast, modify, perform, or publicly display any Playster Content or any other content that is owned by someone other than you.

We may, as part of the Services, allow you to store cached content on up to six (6)computers, smartphones, mobile handsets or other relevant compatible internet-connected devices (collectively “Devices”). You shall not transfer copies of cached content to any other Device by any means. We do not transfer and, as between you and us we retain ownership of all right, title and interest in the Service, including without limitation, all its intellectual property rights. You shall not provide your password to any other person or use any other person’s user name and password. You grant us the right to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Services.

Intellectual property

Playster takes intellectual property rights seriously and expects you to follow suit. This means, for example, that copying, reproducing, ripping or capturing, or attempting to copy, rip or capture, or making available to the public any part of the Services or Content is forbidden unless you have received express written permission from the underlying rights holder. You will not use the Services or Content to reverse-engineer, disassemble, decompile, modify, translate, sell, rent, lease, publish, transfer, distribute, broadcast, publicly display, assign, or otherwise exploit any content, elements, or materials on or through the Services or create derivative works based on the Services or Content or any part thereof. You will not circumvent any technology used by Playster, its licensors, or any third party to protect Content accessible through the Services. You will not rent, sell or lease your Account (nor any of the Content thereof). Lastly, and this should go without saying: it is not permitted to remove or alter any copyright, trademark, or other intellectual property notices contained or provided through the Services.

Availability of content

The Services include an online subscription service that provides members with access to Content on internet-connected Devices. Our library of Content is ever-changing, and we reserve the right to alter the Content available without notice. We do not guarantee that any Contentwill be made available (or continue to be available) on the Site or through the Services. For example, the availability of Content may vary from Device to Device, and may be affected by a number of factors. These factors include (but are not limited to) your location, the bandwidth available through and/or speed of your Internet connection. We cannot guarantee that the same Content will be available in all countries. You acknowledge that certain Content will only be available in select territories. We hope that when you travel, you’ll take the Application with you, but please be aware that you are solely responsible for all Internet access charges. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Content from the Services.

Privacy policy

For details about our information practices, please read our privacy policy . This policy explains how we treat your personal information, and how we protect your privacy when you use the Services. You agree to the use of your data in accordance with our privacy policy.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the Services.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service that:

  • • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy);
  • • you know is false, misleading, untruthful or inaccurate;
  • • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  • • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  • • impersonates any person or entity, including community members, curators, artist, or celebrities or any of our employees or representatives; or
  • • includes anyone’s identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. If you see anything in Playster that violates these guidelines, please report it to our community team at support@playster.com. We will respond as quickly as possible to remove any offensive or infringing content.

Explicit content

Playster shall have no liability or responsibility to you for any content or materials that may be available to you on the Service that you might find offensive, indecent, or objectionable. Some music recorded after 1985 may be subject to the Recording Industry Association of America ("RIAA") ‘Parental Advisory Label’ (as defined on the RIAA website). If Playster has been informed that an album carries the ‘Parental Advisory Label’ (or similar designation) and is available on the Service, it will be labeled with an ‘E’ emblem (denoting "explicit"). The RIAA assigns its Parental Advisory Label to an entire album and not to the individual songs on the album; however, all the individual songs from such labeled albums will also be labeled with an ‘E’ emblem on the Service. Although Playsters trives to include the ‘E’ emblem with all such material, Playster shall have no liability or responsibility for the inadvertent omission thereof.

Use of the application and services

We make available the Application to access the hosted aspects of the Services via compatible internet-connected devices. To use the Application you must have a device that is compatible with the Application. We do not warrant that the Application will be compatible with your device. We grant to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Application for one (1) Services account on up to six (6) internet-connected devices owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that we may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the Terms and Conditions will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and we or our third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). You agree to comply with all United States and foreign laws related to use of the Application and the Service. Standard carrier data charges may apply to your use of the Application. You shall not use the Service for any illegal purpose, including without limitation, using the Service to violate any legal right of any third party. You may use the Application only through the Services on a supported mobile device. You may access the Content only through the Application on a supported mobile device. You agree not to break DRM (Digital Rights Management) on DRM-protected Content, or attempt to access the Content outside of the Services (i.e., you are not permitted to access or download Content from the Application and open them in a different application or on any device that does not support the Application). You agree not to use the Services in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protect by any intellectual property laws of any jurisdiction. Any attempt to access or transfer Content in applications other than the Application will result in the termination of your account.

Any attempt to use the Services to access or download the Content systematically or programmatically or to invade the privacy of or obtain personal information about any user of the Service (including any publicity, privacy, copyright or other intellectual property right) is not permitted. Any attempt to systematically or programmatically access, or download the Content in Playster will result in the termination of your account. If we suspect that you are attempting to systematically or programmatically access or download the Content in Playster, or if your behavior replicates, mimics, or resembles that of a program or automated task bot, we reserve the right to suspend your account without prior notice to you. Any use of the Services to take any action that is harassing, libellous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable.

Additional terms related to Apple products

The following also applies to any Application you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that these terms are solely between you and us, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with Apple’s App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Terms of Service and any law applicable to us as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Terms of Service. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Service as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

Third party services

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.

Social Media

You may choose, upon availability, to connect your Account to Facebook and/or Twitter. Connecting to Facebook and/or Twitter is not necessary to use and enjoy the Services, but if you do decide to connect you will be able to take advantage of a number of social features. At the crux of social media is the sharing of information with others, and our interactive and social features reflect that. For example, your Facebook and/or Twitter friends (and any others who have access to view information about you on Facebook) will be able to see in the Services that you are also a member. They might also be able to see Content you viewed or consumed and other information about how you’re using the Services. Please pay careful attention to the Privacy Settings in both your Account, Facebook and Twitter to ensure that you have control over what information you are sharing and whom it is shared with. (These are two different Privacy Settings, so please adjust them accordingly; your choices in Facebook and/or Twitter do not necessarily transfer automatically over to your Account.)In addition, if you choose to use our Services to find friends, you agree that we may access the address book on your device for purposes of helping you identify and communicate with friends and contacts you may wish to associate with your user account.

Please note that only one Facebook and/or Twitter account can be connected to each Account.

Payments and Billing

Please refer to our Payment Terms for the payment terms, conditions and policies applicable to the Services. By subscribing for, ordering and/or purchasing any subscription or other paid services, you agree to be bound by and accept the Payment Terms. The Payment Terms are subject to change without prior notice at any time, at Playster’s sole discretion. You should review the Payment Terms each time you subscribe for, order and/or purchase any subscription or other paid services offered by Playster. Playster’s subscriptions and other paid services are made available through the Services, and are accordingly also subject to these Terms of Service. The Payment Terms are incorporated into these Terms of Service by this reference.

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:

  • • which users gain access to the Services;
  • • what Content you access via the Services; or
  • • how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. You understand that you may encounter offensive, indecent, or other objectionable content when using the Services. Playster will have no liability to you for any such content.

THE SERVICES, OUR CONTENT, AND THIRD PARTY CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND THIRD PARTY CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $150.00.

Governing law; jurisdiction

These Terms and Conditions will be is governed by, and will be construed under, the laws of the United States of America and the laws of the State of New-York. All disputes arising out of or related to your use of the Service shall be subject to the exclusive jurisdiction of the state and federal courts of New-York County, New York and you agree to submit to the personal jurisdiction and venue of such courts.

Dispute resolution
Negotiations

Before initiating any arbitration, you and Playster agree to first attempt to negotiate any dispute, controversy, or claim excluding dispute or claims listed under this Section (collectively, a “Dispute”) arising from these Terms and Conditions or related to the Services informally for at least thirty (30) days.

In the event of a Dispute, you or Playster must give notice to the other party in writing. Such notice must set include the name, address, and contact information of the party giving it, the nature and basis giving rise to the claim or dispute, and the specific relief requested.

Playster will send any notice to you by mail, if we have your mailing address, or otherwise to your email address. You and Playster will attempt to resolve a Dispute through informal negotiation within thirty (30) days from the date the first notice is sent to the other party. After thirty (30) days, either you or Playster may commence arbitration.

Binding Arbitration

Any unresolved disputes arising under this Agreement shall be submitted to arbitration in the City, County, and State of New-York. Any dispute, except those listed in the Section, where the total amount of the award sought is less than $10,000 will be resolved by binding arbitration solely between you and Playster. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association, provided that the parties and the arbitrator shall follow the Federal Rules of Civil Procedure in the taking of discovery and the submission of evidence. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided that all judgments are subject to the limitation of liability provision set forth in these Terms and Conditions, and the arbitrator shall have no power to issue an award in that is not subject to such terms. Any judgment in excess of the amounts as set forth in these Terms and Conditions shall be null and void in which case the parties consent to personal jurisdiction of, and venue in, the state and federal courts of New-York, New-York for the resolution of the action. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or this Agreement:

1.YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and2.YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by informing you by an appropriate means of electronic communication, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely inform you of any significant modification, it is also your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes.

Miscellaneous
Entire agreement and severability

These Terms and Conditions are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. 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.

Force majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment

These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.

Notices

Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@playster.com.

No waiver

Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings

The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

Term and termination

We shall have the right to terminate this Terms and Conditions including, without limitation, your right to access and use the Services, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Terms and Conditions. You may terminate this Terms and Conditions at any time by deactivating your user account on the Services and discontinuing use of any and all parts of the Services. Upon termination of this Terms and Conditions for any reason, you shall immediately cease using the Services. All provisions of these Terms and Conditions and the Payment Terms which by their nature should survive termination shall survive any such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations, your payment obligations under the Payment Terms, limitations of liability, and provisions related to choice of law.

Contact
North America
Playster Corporation
77 Water Street
8th floor
New York
New York
10005
USA
Europe
Playster Corporation
43 Temple Row
Birmingham
Birmingham
B2 5LS
UK
Services Country Limitations

Playster Services are not available in the following countries: Afghanistan, Anguilla, Albania, Angola, Bosnia and Herzegovina, Burkina Faso, Burundi, Benin, Botswana, Congo, Central African Republic, Cote d'Ivoire, Cameroon, China, Cuba, Djibouti, Algeria, Egypt, Western Sahara, Eritrea, Ethiopia, Gabon, Georgia, Ghana, Gambia, Guinea, Guinea-Bissau, Indonesia, Israel, Iraq, Iran, Kenya, Liberia, Lesotho, Libyan Arab Jamahiriya, Madagascar, Macedonia, Mali, Mauritania, Malaysia, Mozambique, Namibia, Niger, Nigeria, Pakistan, Reunion, Romania, Russian Federation, Rwanda, Sudan, Sierra Leone, Senegal, Somalia, Swaziland, Chad, Togo, Tunisia, Tanzania, Ukraine, Uganda, Zambia, Zimbabwe. If you are from these countries, kindly refrain using the Services.

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Privacy Policy

Version 1 published on Oct. 16th 2014.

Hi, and welcome to Playster’s Privacy Policy. To provide you with the best possible service, Playster needs to collect some information about you. In the following paragraphs, we’ll explain our policy regarding the collection, use, and disclosure of your information. We’ll also describe what types of data we gather, what we do with it, and how you can manage and control its use (as pertains to your personal information). As we update and grow our services, this Privacy Policy may change. We will inform you of significant changes to the Privacy Policy by posting a notice through an appropriate means of electronic communication, but we encourage you to check back here from time to time to keep yourself apprised of any modifications.

The Site and the Application are, offered to you by Playster Corporation (“Playster”, “we”, “our” or “us”). This Privacy Policy describes the policies and procedures of Playster on the collection, use and disclosure of your information on www.Playster.com (the “Site”) and the services, features, content or applications, including the Playster mobile application (“Application”), we offer (collectively with the Site and the Application, the “Services”).

We will receive information about you in various ways and from various sources. These include:

  • • if you register for the Site and the Services, through your user account on the Services (your “Account”)
  • • your use of the Services generally; and
  • • from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

What does this privacy policy cover?

This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Service or to individuals that we do not manage or employ. When you click on a third party logo displayed on or in the Services, and it links you to a different website or application, you are acknowledging that our Privacy Policy no longer applies to that website or application. You must read the privacy policies of the Third Party Services to see how your personal information will be handled on such Third Party Services.

While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit or accept Personal Information from users known to be under eighteen years of age. If you are under the age of thirteen, please do not attempt to register for the Services or send any personal information about yourself. If we learn that we have received any Personal Information from a user under eighteen years of age, we will take appropriate steps to remove that user’s Personal Information from our records.

What information do we collect?

The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.

Account information:

When you create an Account, you will provide information that could be Personal Information, such as your username, password and email address. The information we collect here will be used to process your registration, your orders and payments, and to communicate with you about these topics, among others. We may also use the e-mail address provided to send you updates about us and the Services, including news about added features, special offers and promotions, surveys, and other general correspondence about the Services. If you do not want to receive certain types of communications from us, simply adjust your e-mail preferences through your Account settings.

You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services, but as stated above, we will contact you only rarely when we feel such information is important.

If you connect to the Services using your Facebook account, you are authorizing us to collect authentication information. This does not include your Facebook account password, but it does include your username, encrypted access credentials, and any other information that may be available on or through your Facebook account, including your name, profile picture, stated country of residence, hometown, e-mail address, date of birth, gender, and the names, pictures, and networks of your Facebook friends. We may store this information for two purposes: to personalize and improve your experience, and to verify your credentials with Facebook to ensure a smooth and optimal login flow. Your activities on Facebook are covered by the Facebook Terms and Policies. Additionally, if you connect the Services to your Twitter account, the Services will interact with Twitter in a number of ways, as described to you at the point of connection. As with Facebook, your activities on Twitter are covered by Twitter’s Privacy Policy and Terms of Service. We cannot and will not connect any of your accounts without your authorization.

Content consumption information:

We receive and record information regarding Content consumption behavior (playing games, watching videos, listening to music, reading books, using apps, etc.) on the Services including, but not limited to, the Content that users click or consume, duration of use, specific sections of the Content displayed ,

Financial information:

We may collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information).In addition, such financial information is collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy.

We may also collect some limited information related to processing your payment, such as your postal code, mobile number, and details of your transaction history with the Services. In addition, the Payment Processor may provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they have stored (this information may include your card’s type, expiration date, and the last four digits of your account number).

IP address information and other information collected automatically:

•We automatically receive and record information from your web browser or device when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on). Information that we may collect includes, without limitation: the URL you come from, the unique device ID, the network and computer performance of the device you are using, the browser type, browser language and identifying information, transactional information that enables digital rights management, the operating system you are using, the Application version, and your location information.• Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.

Email communications:

We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.

Information collected using cookies:

  • • Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet. Generally speaking, cookies make the Internet more useful by storing information about your preferences as you interact with our Services -- this helps us tailor the Services to your taste.
  • • Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Services and may associate that information with your Account if you have one.
  • • Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage the most attractive features of the Services.
  • • This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.
  • • The Services uses analytics services, including but not limited to Google Analytics, an analytics service provided by Google Inc. ("Google"),. Google Analytics use cookies to help analyze how visitors arrive at and use the Site, and provide us with statistical reports on Services activity. The information generated by the cookies or other technologies about your use of the Services (including IP address) (the “Analytics Services Information”) is transmitted to Google Analytics and potentially stored on servers in the United States. Google Analytics will use the Analytics Services Information to compile reports on the activity on the Services for us. The Analytics Services Information will also provide us with other services related to activity on the Services and Internet usage. Google may also transfer the Analytics Services Information to third parties where required to do so by law, or where such third parties process the Analytics Services Information on their behalf. Google's use of the Analytics Services Information is governed by the Google Terms of Service and the Google Privacy Policy; You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Services. By using the Services, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

For more information about the use of cookies, visit www.allaboutcookies.org, www.youronlinechoices.eu (Europe) or www.aboutads.info/choices/ (United States). If you have any questions or comments about our use of cookies, please contact us at support@playster.com.

IP address information:

While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.

Information you elect to share:

Occasionally, at our discretion, we may include links to Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.

Aggregate information:

We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

Email communications with us:

As part of the Services, you may occasionally receive email and other communications from us, such as special offers we think may be of interest to you and communications relating to your Account. Communications relating to your Account will only be sent for purposes important to the Services, such as password recovery.

User profile information:

User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services.

Financial information:

As stated above, we may collect financial information.In addition, financial information is collected and stored by our Payment Processor. We may from time to time request and receive some of your financial information from our Payment Processor for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

Information shared with our agents:

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). For example, we may partner with other companies to provide infrastructure and IT services, process credit card transactions, provide customer support, analyze and enhance data, and personalize and optimize our web pages. We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use or disclose Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

Information disclosed pursuant to business transfers:

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

Information disclosed for our protection and the protection of others:

We also reserve the right to access, read, preserve, and disclose any information without your consent as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, (ii) to satisfy requests from government institutions that have identified their “lawful” authoritiesrequest, (ii) enforce the Terms of Service or Payment Terms, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Is information about me secure?

Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your online device such as smartphone, computer and browser by signing off after you have finished accessing your Account.


We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

If you sell or return your smartphone or computer, it is your responsibility to log out of the Services, and to deactivate such devices before you return or sell them. If you fail to log out and deactivate such devices, subsequent users of such devices may be able to access your account information.

We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.

What information of mine can I access?

If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.


What laws apply to my information:The laws of the United States shall govern this Privacy Policy.

How can I cancel my subscription?

Should you ever decide to delete your subscription, you may do so through your Accountor by calling our call centre.

What choices do I have regarding my information?

  • •You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.

What happens when there are changes to this privacy policy?

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you through an appropriate means of electronic communication. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been communicated.

What if I have questions or concerns?

If you have any questions or concerns regarding privacy using the Services, please send a detailed message to us at support@playster.com. We will make every effort to resolve your concerns.

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