Last revised: 01/16/2015
Effective as of: 01/16/2015
This agreement describes the terms by which PlayEN Inc., owner and creator of the Play Entertainment Network, offers you access to our website, platform and services:
1. Acceptance of Terms
PlayEN Inc. ("Play") provides a series of online resources, including search, browse, user profile pages, entity pages, event detail pages, venue detail pages, performer detail pages, comments, link sharing, tags, calendar tools, data input tools, and Web Services application programming interfaces (APIs), (collectively referred to hereafter as "the Service") subject to the following Terms of Service ("Terms"), which can be updated by Play as pleased and without further notice Play will provide if considered necessary a post factum notice of materially significant changes to the Terms by posting a notice on the Play site. You can review the most current version of the Terms at: https://playen.co/terms.
By using the Service in any way, you are agreeing to complying with the Terms. In addition, when using a particular Play services, you agree to conform to the applicable posted guidelines for all Play services, . If dissatisfied with the Terms, please discontinue the use of the Service.
All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom the Content originated. The responsibility for the Content used through the Service in any way falls back to the User (legal or physical person using the Service, collectively referred to hereafter as `User`). Play does not control, and is not responsible for the Content made available through the Service and by the use of the Service. As a consequence, Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable might be accessible . Furthermore, the Service and Content available through the Service may contain links to other websites, which are completely independent of Play. Play makes no representation or warranty for the accuracy, completeness or authenticity of the information contained on any such sites. The linking to any other websites is done at the User's risk. By agreeing to the Terms, the User must evaluate, and bear all risks associated with the use of any Content and the fact that the Content is not reliable information ,
Play is not liable in any way for 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 made available via the Service.
Play does not pre-screen or approve Content, but Play has the discretionary right to refuse, delete or move any Content that is available via the Service for violating the letter or spirit of the Terms or for any other reason.
3. Play Communications
Play will communicate with the User via email. The User agrees to receiving emails that are specific to the Users account and necessary for the normal functioning of the Service. The emails will include, but will not be limited to notifications about performers and events the User has expressed interest in. Play will use the email address provided by the User at registration for the Services to verify the Users legal capacity to use certain features of our Site and Services, to deliver certain services and notices based on the email settings selected or to improve and tailor the content and general administration of the Site and the Service.
4. Conduct and Responsibilities.
The User must be 13 years of age or older in order to use the Service.
The User is solely responsible for his or her conduct and any Content submitted, posted and displayed on the Service. Also, the user is solely responsible for any conduct or Content posted or transmitted in his or her name. The User has the responsibility of keeping the password for the Service secure.
The User must not submit Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy or harms minors in any way.
The User must not submit Content that impersonates any person or entity, including, but not limited to a Play employee or falsely stating are an affiliation with a person or entity.
The User must not submit Content that includes non-public personal or identifying information about another person without that person's explicit consent.
The User must not submit Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch".
The User must not use the Service for any illegal or unauthorized purpose.
International users agree to comply to all local laws regarding online conduct and acceptable content.
The User must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Play.
The User must not create or submit unwanted email to any Play users ("SPAM").
Violation of any of these terms will result in the termination of the Users Play account. While Play prohibits such conduct and content on its site, you understand and agree that Play cannot be responsible for the Content posted on its web site.
5. General Conditions
Play reserves the right to modify or terminate all or any portion of the Service for any reason, without notice at any time.
Play reserves the right to alter the Terms at any time. If the alterations constitute a material change to the Terms, we will notify the Users via email (if we have been provided with a valid email address), as well as on the Terms page itself. What constitutes a "material change" will be determined by Play.
Play We reserves the right to select our Users, Play having the right to refuse service. .
Play may, but have no obligation to remove Content and accounts containing Content that Play discretionary determines as unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
Although Play does not claim ownership of Content that its users post, by posting Content to any public area of the Service, the Users automatically grant, represent and warrant that they have the right to grant to Play an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute the published Content and to prepare derivative works of or incorporate into other works the published Content and to grant and authorize sublicenses (through multiple tiers) of the Content .
If the Users believe that the publicized Content has been copied in a way that constitutes copyright infringement or that the intellectual property rights have been otherwise violated, please notify Play's agent for notice of claims of copyright or other intellectual property infringement ("Agent") at copyright at PlayEntertainmentNetwork.com, or:
Please provide our Agent with the following Notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed.
Identify the material on the Service that you claim is infringing, with enough detail so that we may locate it on the website.
Write to us a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
The statement must include under penalty of perjury
(a) the above information in your Notice is accurate, and
(b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
(c) your address, telephone number, and email address and
(d) your physical or electronic signature.
Play's Agent will forward this information to the alleged infringer.
7. Privacy and Information Disclosure
8. No Spam Policy
The User understands and agrees that sending unsolicited email advertisements to Play email addresses or through Play computer systems is expressly prohibited by these Terms, . Any unauthorized use of Play computer systems is a violation of the Terms and an illegal act punishable by law . Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. Termination of service
The User agrees that Play has the discretionary right (but not the obligation) to delete or deactivate the Users account, block the email or IP address, or otherwise terminate the access to or use of the Service (or any part thereof) immediately and without notice, and remove and discard any Content within the Service.
Play is not liable to the User or any third-party for any termination of the access to the Service. Further, the User agrees not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
10. Disclaimer of Warranties
THE USER AGREES THAT THE USE OF THE SERVICE IS ENTIRELY AT THE USERS OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Play DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Play DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Play DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.
11. Limitations of Liability
UNDER NO CIRCUMSTANCES IS Play LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Play HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
The User agrees to indemnify and not hold Play, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, for any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content submitted , posted or made available through the Service, the use of the Service, the violation of the Terms, the breach of any of the representations and warranties herein, or the violations of any rights of another.
13. General information
The Terms constitute the entire agreement between the User and Play and govern the use of the Service, superseding any prior agreements between the User and Play. The Terms and the relationship between the User and Play shall be governed by the laws of Alberta, without regard to its conflict of law provisions. The User and Play agree to submit to the personal and exclusive jurisdiction of the courts located within Alberta. The failure of Play to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect. The User agrees 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 the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Violations of Terms and Liquidated Damages
Please report any violations of the Terms by flagging the posting(s) for review, or by emailing to hello@PlayEntertainmentNetwork.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.