Published on Feb. 20th 2017.
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.
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.
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 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.
For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, data, text, photographs, book, videos, motion pictures, audio recordings, 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.
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 Content we 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 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 or third parties directly through the Services is the property either of 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 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 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.
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.
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 make no guarantee as to the availability of specific Content or the timing if any such Content’s availability 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) add, remove, withdraw, delay, edit or modify any particular Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, the nature of your use of the Services, the costs we incur for such Content, the 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 in our sole discretion.
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:
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.
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 Playster strives to include the ‘E’ emblem with all such material, Playster shall have no liability or responsibility for the inadvertent omission thereof.
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.
Playster takes a cautious approach to fair use in order to prevent fraud, protect its content partnerships and ensure that it can continue to provide an unlimited service.
Playster reserves the right to suspend users' access to the service if their activity could be seen to resemble any of the following:
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.
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.
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.
Please refer to our Payment Terms for a full description of the payment terms, conditions and policies applicable to the Service. 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. The Payment Terms are incorporated into these Terms of Service by this reference.
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
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.
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.
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.
Unless otherwise required by a mandatory law of a member state of the European Union or your country of residence, these Terms and Conditions will be is governed by, and will be construed under, the laws of the United States of America and specifically 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.
Nothing in the foregoing shall limit any protections that you may be entitled to under the mandatory laws of your country of residence, and shall not contravene any relevant laws and or regulations specific to your country of residence. Where your local law is mandatory, the governing law and forum shall be the laws of your place of residence.
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.
Unless in contravention of the relevant laws of your Country of residence, 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; and 2. 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.
The above clause shall not apply to End Users in a country of residence subject to mandatory local laws. Playster will try and solve any disagreements that arise between you and Playster promptly and efficiently. You and Playster may agree to refer any disputed matter to resolution proceedings other than in a court but you and Playster are not restricted from bringing court proceedings at any time.
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.
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.
Playster Services are not available in the following countries: Afghanistan, Belarus, The Democratic Republic of Congo, Cote d'Ivoire, Cuba, Curacao, Egypt, Eritrea, Micronesia, Guinea, Guinea-Bissau, Iraq, Iran, Korea, Republic of Korea, Lebanon, Liberia, Libyan Arab Jamahiriya, Moldova, Myanmar, Russian Federation, Seychelles, Sudan, Senegal, Somalia, South Sudan, Sint Maarten, Syrian Arab Republic, Tunisia, Ukraine, Virgin Islands, Yemen, Zimbabwe. If you are from these countries, kindly refrain using the Services.
The following Terms apply only to customers who subscribe to the Playster Combo Box membership carrying a 12-month minimum contract term. The Terms and Conditions herein form the legally binding agreement (the "Agreement") governing your membership with Playster ("us" or "we"). The agreement relates to your 12 month Playster Combo Box Membership (the "Service") and the Playster tablet and headphones (the "Device") provided to you during this period, and is to be read in addition to Playster’s general Terms and Conditions which can be found at www.playster.com/terms.
The Playster Combo Box will be shipped to the address provided within three (3) business days following receipt of the successful payment of the first month's instalment. Delivery times may vary depending on the address provided and/or the shipping carrier. Once shipped, you will be informed and provided with your tracking information. Depending on the shipping carrier, you may be presented with a specified delivery timeframe, however, Playster cannot be held liable for any packages that are not delivered by the carrier within the specified period.
You are responsible for paying your membership fee, which continues month-to-month, for at least 12 months ("Minimum Term") from the date on which you activated the Service, as well as a one-time shipping fee of $9.95. Following the successful payment of the initial month’s installment of $44.90, you will be billed $34.95 each month thereafter, to a maximum of 11 months following the first month. In the event that we do not receive any of the subsequent 11 installments of $34.95, we will attempt to process the missed payment again six days later. In the event that this attempt also fails, we will continue to attempt to process the payment every six days, applying a late payment fee of $2.25 (USD) each time the transaction is unsuccessful. If you miss your monthly payment three times, we will refer your account to a collections agency to recover the full remaining balance of your 12-month agreement. We reserve the right to impose a charge to you to cover the cost of any action we may take. For more details on your payment obligations, visit www.playster.com/terms.Responsible use of the service
By accepting the Terms and Conditions of the Service, you agree not to use the Device provided to you for any illicit, illegitimate, and/or illegal, or abusive purposes/activity. You further agree that you will comply with any and all applicable Laws in relation to the use of the Service and/or the Device.
Both the Service and the Device are offered for individual, personal, and non-commercial use, and you are not granted any commercial, sale, resale, reproduction, distribution, or promotional use rights of the Service and or the Device.
You also agree to be bound by the general Playster Terms and Conditions, which can be found at www.playster.com/terms.Indemnity
You are responsible for and will indemnify us for all damages, losses, and/or expenses, as well as any action, claim, and/or judgment which may be made against us by anyone adherent to your use of The Service or violation of this Agreement.
With the exception of physical injuries, death, or damage to property caused by our gross negligence, we are not liable to you or anyone using your Device for any of the following:
We do not guarantee uninterrupted service and will not be liable for any damages, losses, or expenses incurred due to defects of the Device. However, we will replace a faulty Device returned to us within three months of the beginning of the Minimum Term if it can be determined that the fault was caused by a manufacturing defect. Before returning your Device, you MUST first contact our customer service and obtain a Return Merchandise Authorization (RMA) (see our Return Policy) as soon as you discover the defect on the Device. We will inspect the Device upon its arrival at our warehouse, and if the Device is found to be compromised due to a manufacturing defect, a replacement refurbished device will be sent to you at Playster's expense.
The warranty does not cover cosmetic damage such as cracks and scratches.
You may terminate the Service within 14 days of receipt of your Device by contacting our customer service team and arranging to send back your Device (“ the Device’s Eligible Return Period”).
If you wish to terminate your subscription to the Service after the 14-day return period, yet prior to the expiration of the Minimum Term, (therefore outside of the Device’s Eligible Return Period) you may do so by paying the remaining balance on your account, less a 20% discount.
Your initial membership fee is non-refundable (unless otherwise stated in our Refund Policy) and you will also be subject to a processing fee of $35 (USD) for any device that you return unopened or $55 (USD) for any device which you return opened, or otherwise not in its original condition. Your Agreement cannot be terminated until your device has been received at our warehouse. See our Return Policy for more information.
Returns are not accepted, other than in exceptional circumstances as explained herein.Manufacturing defects
All devices are thoroughly tested before they leave our warehouse. However, you may return your Device in exchange for a replacement refurbished device within the first three months of your agreement, if it can be determined with good reason that your use of the Device or Service has been interrupted due to a manufacturing defect with your Device. You MUST contact our customer support team as soon as you discover the defect and arrange to have the Device returned to our warehouse. The Device will be thoroughly tested upon arrival at our warehouse, and if it is determined that the Device has a manufacturing defect, a replacement refurbished device will be shipped to you at Playster's expense. If it is determined that the Device is functioning normally, it will be returned to you at your expense. You may not terminate your agreement on the basis of a manufacturing defect with your Device.14-Day Return Period
You may return your Device for any reason within 14 days from the date of receipt of the Device.
In order to return your Device you MUST strictly follow the return instructions below or your return will be refused upon receipt.Return instructions
Before returning your Device, you MUST first contact our customer support team and obtain a Return Merchandise Authorization (RMA) number, or else your return will be refused upon receipt. To find the applicable phone number or to send an email to customer service to request a RMA number, go to http://support.playster.com
We must receive your returned Device within 10 days of the date that we issue the RMA and you MUST follow these steps:
Upon our receipt of your return, you will be subject to a processing fee of $35 (USD) if the Device is unopened, or $55 (USD) if the Device you return has been opened, or is not in its original condition. The processing fee does not apply if it can be determined that your Device has a manufacturing defect.
Before returning the Device to us, make sure to backup any personal data on the hard drive and on any other storage in the Device. We will not be responsible for any personal data that is stored on the Device. Remove any and all confidential, proprietary, and personal information, as well as removable media. We are not responsible for any confidential, proprietary, or personal information lost or corrupted; or damaged or lost removable media that may be included with your return.
Your RMA will expire 10 days after it is issued to you. If we do not receive your return within this time, you will not be able to terminate your Agreement without paying the Early Termination Fee. You are fully responsible for the successful return of your Device and are advised to use a tracking option when mailing. We will not ship your Device back to you if it is received after your RMA expires.
To be eligible for membership, you must be 18 years of age or older and agree to the Playster Service Terms and Conditions. The use of the Device is limited to personal, non-commercial purposes.