Terms of Service
By using the Playsns.com ("Playsns.com", "we" or "us") Site or the Services (defined below) (which, for clarity, includes playing a Playsns.com game on Facebook) or by creating an account or reserving a "username" you are agreeing that you have read, understood and agree to be bound by this agreement ("Agreement") for all uses by you of the Service. If you do not agree to be bound by this Agreement please do not access or use any part of the Service. Playsns.com reserves the right to make changes to this Agreement at any time. Continued use of any part of the Service (defined below) constitutes your acceptance of such changes. Accordingly, you should review this Agreement from time to time to become familiar with such changes.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://www.playsns.com/privacy.php. All such terms are hereby incorporated by reference into this Agreement.
1. Definitions:
1.1 "Service(s)" means, collectively, the Site and all of the services and applications that Playsns.com offers (whether such services and applications are offered on our Site or on third party sites or services), including without limitation the "games", "multiplayer servers", the "forum", "friends lists" and all technology, processes and materials used to provide such services.
1.2 "Member", "User" or "Account" means any person or entity who opens an account with Playsns.com.
1.3 "Site" means the pages or network of pages created, hosted and/or maintained by Playsns.com, including at www.playsns.com .
1.4 "Subscription Service" means Playsns.com's fee-based subscription service that contains additional premium features that enable members access to additional areas of the Site and additional features within the Services.
2. General Rules:
2.1 You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the Services, whether you browse the Site, use our freely-available or paid Services or register and/or subscribe as a Member.
2.2 Playsns.com may modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time with or without notice to you. You agree that Playsns.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2.3 You agree that Playsns.com, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Playsns.com believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Playsns.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Playsns.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Playsns.com will not be liable to you or any third party for any termination of your access to the Service.
2.4 You will need to select a password if you open an account. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. You are responsible for all activity that occurs under your account, including, without limitation, any use by any unauthorized third party. You must notify Playsns.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Playsns.com immediately if you become aware of any other breach or attempted breach of the security of the Service. Playsns.com will not be liable for any loss or damage arising from your failure to comply with this Section.
2.5 You acknowledge that Playsns.com may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Playsns.com's servers on your behalf. You agree that Playsns.com has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Playsns.com reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Playsns.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.6 You agree that you are solely responsible for your interactions with any other user in connection with the Service and Playsns.com will have no liability or responsibility with respect thereto. Playsns.com reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
2.7 You acknowledge that Playsns.com reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion, including by way of Facebook Credits. You agree to pay all fees when due in accordance with the terms set forth in the Service. Refunds are not granted for payments made to purchase Casual Credits or Facebook Credits, including if you close or cancel your account.
3. Your Conduct
3.1 Generally, you must use the Service in a manner that demonstrates good taste and respect for the rights of Playsns.com, its members and third parties.
3.2 You will not "spam" other users or send messages that advertise or promote other services.
3.3 You will not create more than one account. Multiple accounts for the same person may result in removal of all accounts created by that person.
3.4 Imitating or impersonating another person or entity, or falsely stating or otherwise misrepresent your affiliation with a person or entity, is strictly forbidden.
3.5 You will not use any application or 'bot' to play a game for you (including page reloaders); users suspected of doing so may have their account suspended or terminated. Continued or excessive use of such automatic routines or other cheats will result in an account ban.
3.6 You will not use any third party tools or cheat codes to modify a game or falsify information being transmitted to or from our servers.
3.7 You will not attempt to gain access to restricted content such as private clubs you have not been invited to or games that are not yet released or otherwise interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
3.8 You are solely responsible for all comments, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Playsns.com. Playsns.com reserves the right to investigate and take appropriate legal action against anyone who, in Playsns.com's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to post, email or otherwise transmit any content that: (i) is unlawful, harmful, threatening, abusive, bullying, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) 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; or (vi) in the sole judgment of Playsns.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Playsns.com or its users to any harm or liability of any type.
4. Disclaimers, exclusions and limitations
4.1 Playsns.com PROVIDES THE SERVICE ON AN "AS IS" BASIS. Playsns.com DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE (i) WILL BE UNINTERRUPTED, TIMELY OR SECURE, (ii) WILL BE FREE OF BUGS, INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (iv) WILL BE ACCURATE OR RELIABLE. Playsns.com HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT.
4.2 ANY THIRD-PARTY LINKS, SERVICES, RESOURCES AND INFORMATION THAT Playsns.com PROVIDES ON OR MAKES AVAILABLE THROUGH THE SERVICE ARE NOT CONTROLLED BY Playsns.com. ACCORDINGLY, Playsns.com MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.
5. Indemnity and Release
You agree to release, indemnify and hold Playsns.com and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of this Agreement or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
6. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Playsns.com SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Playsns.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL Playsns.com'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Playsns.com IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
7. Third Party Material
Under no circumstances will Playsns.com be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Playsns.com does not pre-screen content, but that Playsns.com and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Playsns.com and its designees will have the right to remove any content that violates this Agreement or is deemed by Playsns.com, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
7.1 User Content Posted through the Service: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, "User Content"). You will not post any content that you did not create, that you do not have sufficient rights to post or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Playsns.com and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
7.2 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions") provided by you to Playsns.com are non-confidential and Playsns.com will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7.3 You acknowledge and agree that Playsns.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Playsns.com, its users and the public. You understand that the technical processing and transmission of the Service, 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.
8. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Playsns.com has no control over such sites and resources and Playsns.com is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Playsns.com will 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 content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Playsns.com is not liable for any loss or claim that you may have against any such third party.
9. Third Party Services
You may be able to log into or enable various online services (such as social networking services like Facebook) in connection with your Playsns.com experience. By directly integrating these services with the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By logging into or enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Playsns.com's use, storage and disclosure of information related to you and your use of such services within Playsns.com (including your friend lists and the like), please see our Privacy Policy at http://www.playsns.com/privacy.php However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Playsns.com will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within your Playsns.com Service.
In addition, Playsns.com is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Playsns.com is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Playsns.com enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
10. Intellectual Property Rights
10.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Playsns.com, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Playsns.com, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Playsns.com.
10.2 The Playsns.com name and logos are trademarks and service marks of Playsns.com (collectively the "Playsns.com Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Playsns.com. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Playsns.com Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Playsns.com Trademarks will inure to our exclusive benefit.
11. Arbitration
At Playsns.com's or your election, all disputes, claims, or controversies arising out of or relating to this Agreement or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in this Agreement. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in this Agreement and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under this Agreement, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
12. General
This Agreement constitutes the entire agreement between you and Playsns.com and governs your use of the Service, superseding any prior agreements between you and Playsns.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Playsns.com agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Playsns.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect. 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 Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service.
13. Your Privacy
At Playsns.com, we respect the privacy of our users. For details please see our Privacy Policy located at http://www.playsns.com/privacy.php. By using the Service, you consent to our collection and use of personal data as outlined therein.
14. Questions? Concerns? Suggestions?
Please contact us at contact@playsns.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.