Terms Of Service / EULA

  1. ACCEPTANCE OF TERMS

    Thank you for choosing Playfin.com and Playfin.net ("Playfin"). Playfin provides the Playfin Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us without notice to you. By accessing and using the Playfin Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Playfin owned or operated services, you and Playfin shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

    THE GAMES ON THIS WEB SITE ARE SUBJECT TO THIS LICENSE AGREEMENT UNLESS SUPERCEDED BY ANOTHER LICENSE AGREEMENT PROVIDED BY A THIRD PARTY AND DISPLAYED PRIOR TO YOUR INSTALLATION OF THAT GAME. USAGE OF THESE GAMES SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT.

  2. DESCRIPTION OF PLAYFIN SERVICES

    Playfin provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services and personalized content. Playfin is an advertiser supported site. Playfin Services may include advertisements and these advertisements are necessary for Playfin to provide the Playfin Services. Unless explicitly stated otherwise, any new features that augments or enhances the current Playfin Services, including the release of new Playfin properties, shall be subject to the TOS. You understand and agree that the Playfin Services is provided "AS-IS" and that Playfin assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Playfin Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Playfin Services.

    You understand that the technical processing and transmission of the Playfin Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    Please be aware that Playfin has created certain areas on the Playfin that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

  3. YOUR REGISTRATION OBLIGATIONS

    In consideration of your use of the Playfin Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Playfin Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Playfin Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Playfin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Playfin has the right to suspend or terminate your account and refuse any and all current or future use of the Playfin Services (or any portion thereof). Playfin is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Playfin Services must create a Playfin Family Account. When you create a Playfin Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Playfin Family Account. By adding a child to your Playfin Family Account, you also give your child permission to access many areas of the Playfin Services, including, email, message boards and instant messaging (among others). Please remember that the Playfin Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Playfin Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.

  4. PLAYFIN PRIVACY POLICY

    Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Playfin Privacy Policy.

    You understand that through your use of the Playfin Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Playfin and its affiliates.

  5. INTERSTATE NATURE OF COMMUNICATIONS ON PLAYFIN NETWORK

    When you register with Playfin, you acknowledge that in using the Playfin Services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos and other Internet activities), you will be causing communications to be sent through Playfin 's computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of Playfin 's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

  6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of Playfin Services and transfer, posting and uploading of software, technology, and other technical data via Playfin Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html ) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx ). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm ) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Playfin Services to export-prohibited parties or countries; (c) will not use the Playfin Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Playfin Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

  7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE PLAYFIN SERVICES

    Playfin does not claim ownership of Content you submit or make available for inclusion on the Playfin Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Playfin Services, you grant Playfin the following worldwide, royalty-free and non-exclusive license(s), as applicable:

    1. With respect to Content you submit or make available for inclusion on publicly accessible areas of Playfin, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Playfin Services solely for the purposes of providing and promoting Playfin to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Playfin Services and will terminate at the time you remove or Playfin removes such Content from the Playfin Services.
    2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Playfin Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Playfin Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Playfin Services and will terminate at the time you remove or Playfin removes such Content from the Playfin Services.
    3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Playfin Services, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

    "Publicly accessible" areas of the Playfin Services are those areas of the Playfin network of properties that are intended by Playfin to be available to the general public. By way of example, publicly accessible areas of the Playfin Services would include Playfin Message Boards and portions of Playfin Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Playfin Services would not include portions of Playfin Groups that are limited to members, Playfin services intended for private communication such as Playfin Mail or Playfin Messenger, or areas off of the Playfin network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Playfin.

  8. CONTRIBUTIONS TO PLAYFIN

    By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Playfin through its suggestion or feedback mechanisms, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Playfin is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Playfin shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Playfin may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Playfin without any obligation of Playfin to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Playfin under any circumstances.

  9. INDEMNITY

    You agree to indemnify and hold Playfin and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Playfin Services, your use of the Playfin Services, your connection to the Playfin Services, your violation of the TOS, or your violation of any rights of another.

  10. NO COMMERCIAL REUSE OF PLAYFIN SERVICES

    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Playfin Services (including Content, advertisements and Software).

  11. GENERAL PRACTICES REGARDING USE AND STORAGE

    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Playfin Services (including Content, advertisements and Software).

  12. MODIFICATIONS TO PLAYFIN SERVICES

    Playfin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Playfin Services (or any part thereof) with or without notice. You agree that Playfin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Playfin Services (or any part thereof).

  13. DEALINGS WITH ADVERTISERS

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Playfin Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Playfin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Playfin Services.

  14. LINKS

    The Playfin Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Playfin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Playfin 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

  15. PLAYFIN'S PROPRIETARY RIGHTS

    The Playfin Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Playfin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Playfin 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

  16. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE PLAYFIN SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE PLAYFIN SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLAYFIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. PLAYFIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE PLAYFIN SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE PLAYFIN SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLAYFIN SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLAYFIN SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLAYFIN SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAYFIN OR THROUGH OR FROM THE PLAYFIN SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  17. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLAYFIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLAYFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PLAYFIN SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLAYFIN SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE PLAYFIN SERVICE.

  18. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

  19. SPECIAL ADMONITION FOR PLAYFIN SERVICES RELATING TO FINANCIAL MATTERS

    If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Playfin Services concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Playfin Services is provided for informational purposes only, and no Content included in the Playfin Services is intended for trading or investing purposes. Playfin and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Playfin Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

  20. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

  21. NOTICE

    Playfin may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, postings on the Playfin Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Playfin Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Playfin Services in an authorized manner.

  22. TRADEMARK INFORMATION

    You agree that all of Playfin's trademarks, trade names, service marks and other Playfin logos and brand features, and product and service names are trademarks and the property of Playfin (the " Playfin Marks"). Without Playfin's prior permission, you agree not to display or use in any manner the Playfin Marks.

  23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    Playfin respects the intellectual property of others, and we ask our users to do the same. Playfin may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Playfin's Copyright Agent the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the site;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

  24. GENERAL INFORMATION

    Entire Agreement. The TOS constitutes the entire agreement between you and Playfin and governs your use of the Playfin Services, superseding any prior version of this TOS between you and Playfin with respect to the Playfin Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Playfin services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum. You and Playfin each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Playfin, shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and Playfin agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

    Waiver and Severability of Terms. The failure of Playfin to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your Playfin account is non-transferable and any rights to your Playfin account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Playfin Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

  25. THIRD PARTY FEATURES & TOOLBARS

    By downloading the Playfin Toolbar, you will be installing a toolbar in your Internet browser (and any supported email functions and instant messenger functions) that may include one or more of the following features provided by third party vendors:

    WIDGETS: You may have the ability to choose from various widgets to customize your homepage and Toolbar. Certain widgets are provided by third party vendors. Your use of such third party-provided widgets is governed by the separate terms of service associated with such widget. You may find such terms of service via a link within the widget itself, or on the website of the relevant widget provider.

    PARTNER FEATURES, LINKS, RSS FEEDS: Certain versions of Toolbars may include features, links to, or RSS (or other) feeds from our third party partners. The partner features and sites linked to by these Toolbars and/or the partner content made available are governed by their own terms of service and privacy policies, which may be found on the relevant partner's website.

    Reminder: Playfin is not responsible for third party features or content. If you are installing a version of the Toolbar that includes third party features and functionalities or accesses third party content, such third party features, functionalities and content are subject to such third party's terms of service.

  26. YOU AGREE NOT TO USE THE SITES OR SERVICES TO:

    1. Post any posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
    2. Harm or threaten to harm users in any way;
    3. "Stalk" or otherwise harass any other person or entity;
    4. Impersonate any person or entity (including a Playfin agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
    5. Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Playfin for such purpose;
    6. Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
    7. Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
    8. Violate any law (whether local, state, national, or international), whether or not intentionally;
    9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
    10. Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    11. Interfere with or disrupt the Playfin Services, our Sites, or servers or networks connected to our Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
    12. Collect or store personal data about other users;
    13. Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
    14. Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

  27. VIOLATIONS

    Please report any violations of the Terms of Service to contactus@playfin.com.

Last updated September 4, 2012