TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS ANY OTHER POSTED RULES OR GUIDELINES CONTAINED ON THIS WEBSTIE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
I. RESTRICTIONS ON USE
All pages within this Website (www.playtogive.com) and any material made available for download (collectively the "Site") are the sole property of Playtogive, Inc., (hereinafter referred to as "Playtogive") and/or its affiliates. The Site is protected by federal and international laws governing copyrights, trademarks, service marks, patents and/or other proprietary rights, and nothing contained herein shall be construed as granting any ownership rights whatsoever in the Site to any user hereof. No portion of the materials on any pages of the Site may be reprinted, republished, modified, or distributed in any form without the express written permission of Playtogive. This Site is for your own personal use or the internal use of your business. You shall keep intact any and all proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. For the purposes of these Terms and Conditions (as further defined below), "content" shall mean any information, communications, software, photos, video, graphics, music, sounds, text, logos, images, button icons, and any and all other material and service that can be viewed by users of the Site. By visiting this Site, and thereby accepting the Terms and Conditions hereof, all users agree that all Content presented to users of the Site is the Property of Playtogive and its content suppliers.
From time to time we may revise or modify these Terms And Conditions by posting revisions through a link on our Site. While we will endeavor to provide notice to you of any changes to the pricing or other financial terms of these Terms And Conditions, whether or not we provide notice to you, you will be bound by the revised Terms and Conditions for all subsequent uses of this Service after such modifications have been made. If you do not agree to any of the Terms and Conditions set forth herein, you may not use this Service or Site.
II. TRADEMARK NOTICE
Playtogive and all related marks are the logos, trademarks, and service marks of Playtogive. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
A. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS AND THE USE OF THE SITE IS AT YOUR OWN RISK. YOU FURTHER AGREE AND ACKNOWLEDGE THAT, TO THE FULLES EXTENT PERMISSIBLE BY APPLICABLE LAW, PLAYTOGIVE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED.
PLAYTOGIVE, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
B. Disclaimer of Liability
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Playtogive is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Playtogive reserves the right to remove such materials from the Playtogive Website without liability.
C. Disclaimer - Currentness of Information
Although Playtogive attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Playtogive so that it can be corrected. Information contained on the Site may be changed or updated without notice.
The information published on this Site was valid at the time of publication. Playtogive reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.
D. Disclaimer - Site content copyrighted
The content of the Playtogive Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Playtogive and contain Playtogive's name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring Playtogive services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Playtogive icons, site address, or other means to hyperlink other Internet sites with any page in the Playtogive Site, and Playtogive assumes no responsibility for any other party's site hyperlinked to the Playtogive Site or in which any part of the Playtogive Site has been hyperlinked.
Playtogive grants you a limited license for www.playtogive.com for your personal and noncommercial use in connection with your visit. Your use of this Site is subject to all applicable laws and regulations. You are not permitted to modify or download any portion of www.playtogive.com without the express, written consent of Playtogive. Except as expressly provided for in these Terms and Conditions, none of the content of the Site may be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed for any purpose without the express, written consent of Playtogive.
E. Disclaimer - Website use subject to guidelines
Thank you for visiting the Playtogive Site. We have set up some ground rules to ensure that we can keep this area useful, fun, and safe for everyone. Playtogive reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the Playtogive Site shall be subject to the current guidelines and Terms and Conditions then in effect.
F. Disclaimer - No responsibility for links
The Playtogive Site contains links to and frames of sites which are not maintained by Playtogive. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Playtogive Site does not imply Playtogive's endorsement of the linked or framed sites or their content.
Playtogive is under no obligation to investigate or examine such third-parties or external websites and hereby makes no warranties and/or representations whatsoever about any of such unrelated third party entities or persons, or the external websites that you may access through www.playtogive.com. Any and all external websites are owned and operated by independent third-parties and are not under the control of Playtogive. We encourage users to be cautious when leaving www.playtogive.com and to read the privacy statements of each and every external website that collects personally identifiable information.
G. Disclaimer - Use of e-mail
By sending Playtogive a message in the e-mail area, you agree to have it along with your name posted for public viewing both here and in other Playtogive promotional and advertising materials without compensation. We may occasionally post messages received from users, but nothing provided for herein shall require us to do so. All messages that are posted on www.playtogive.com represent the opinions of other Site users and do not represent the ideas or opinions of Playtogive. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of Playtogive, Inc.. In consideration of this authorization, you agree that any copy of this information that you make shall retain all copyright and other proprietary notices contained here in this Site.
H. Disclaimer policy - Nonendorsement
Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Playtogive. Nor shall any information or statements contained on this server be used for the purposes of advertising, or to imply an endorsement or recommendation.
With respect to documents available from this server, neither Playtogive nor any of its employees make any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither Playtogive nor any of its employees assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.
Information on Website. Any information, ideas or opinions posted by Users of our Site do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by Users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our Site, you authorize us to use and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content you agree that you will not:
- Harass, defame, intimidate or threaten another user;
- Interfere with another user's rights to privacy;
- Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
- Post any material that is obscene, offensive or indecent;
- Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
- Advertise or sell any goods or services.
In the event that you violate those restrictions and Terms and Conditions provided for herein, including but not limited to your failure to comply with the above restrictions on information, materials or content, posted to the Site, Playtogive hereby expressly reserves the right to limit or otherwise wholly restrict your use of the Site in its sole and unfettered discretion. Further, Playtogive hereby expressly reserves any and all rights and remedies that may be available to it pursuant to applicable law.
I. Uploading Images
By clicking the "Upload" button and uploading an image to the Site, you hereby warrant and represent that such image: (i) does not violate the rights of any third parties in any jurisdiction, including without limitation, copyright, trademark, trade secret, privacy, publicity or other rights; (ii) that the image does not violate the laws, statutes or regulations of any jurisdiction; and (iii) that the image does not contain any material which is harmful, pornographic, abusive, hateful, obscene, threatening, or defamatory or which encourages illegal activities or racism.
J. Donations; Compensation of Playtogive
In exchange for the operation of the Site and the hosting of events thereon, Playtogive shall be compensated by the nonprofits benefitting from the events hosted on the Site. Specifically, each user of the Site is hereby made aware that Playtogive shall be compensated in a percentage rate of seven percent (7%) of all funds raised by each nonprofit as a result of the events conducted on the Site, and such percentage shall be deducted directly from those funds donated to such nonprofits and shall be calculated before credit card processing and transaction fees (in those amounts customary in the industry), if any, have been accounted for. You will receive a receipt acknowledging your donation from Playtogive.
All donations to nonprofits made through the Site are contributed as unrestricted donations and are not made with any donor restrictions or conditions. Further, any and all payments of donations to nonprofits through the Site are non-refundable and final. You are expressly made aware that nothing contained herein shall be construed as tax or legal advice, and that Playtogive does not provide tax or legal advice. As such, you are encouraged to work directly with your tax and/or legal professionals regarding any specific tax or legal questions you might have about your donation.
IV. CONFIDENTIAL AND PROPRIETARY INFORMATION
Playtogive does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Playtogive through the Site will be deemed NOT to be confidential. By sending Playtogive any information or material, you grant Playtogive an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Playtogive is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
V. LINKS TO OUR SITE; LINKS FROM OUR SITE
If you desire to provide a hyperlink from your Website to our Site, or if you post a website address to any outside website on the Playtogive Site (including but not limited to a hyperlink), you hereby expressly agree to these herein-contained Terms and Conditions.
By posting a website address (including but not limited to a hyperlink), you hereby grant to Playtogive a nonexclusive, worldwide, perpetual, royalty free, license to reproduce and publicly display any images associated with such link on this Site and to reproduce, distribute, perform and display, in whole or in part, the content from such posted website on, from and in connection with, this Site. Further, by posting a website address (including but not limited to a hyperlink), you hereby warrant and represent that such website: (i) does not violate the rights of any third parties in any jurisdiction, including without limitation, copyright, trademark, trade secret, privacy, publicity or other rights; (ii) that the website does not violate the laws, statutes or regulations of any jurisdiction; and (iii) that the website does not contain any material which is harmful, pornographic, abusive, hateful, obscene, threatening, or defamatory or which encourages illegal activities or racism or promotes software or services that deliver unsolicited email.
Further, notwithstanding the posting of a link to this Site on any third party website, Playtogive retains all rights in this Site, including, but not limited to its intellectual property rights, which shall include but are not limited to any and all current and future worldwide trademark, patents and patent rights, utility models, copyrights, mask work rights, trade secrets, and all other intellectual property rights and the related documentation or other tangible expression thereof.
VI. LINKS OR POINTERS TO OTHER SITES
Playtogive makes no representations whatsoever about any other website that you may access though this Site. When you access a non- Playtogive website, please understand that it is independent from Playtogive, and that Playtogive has no control over the content on that website. In addition, a hyperlink to a non- Playtogive website does not mean that Playtogive endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. Playtogive is under no obligation to investigate or examine such third-parties or external websites and hereby makes no warranties and/or representations whatsoever about any of such unrelated third party entities or persons, or the external websites that you may access through www.playtogive.com. Any and all external websites are owned and operated by independent third-parties and are not under the control of Playtogive. We encourage users to be cautious when leaving www.playtogive.com and to read the privacy statements of each and every external website that collects personally identifiable information.
VII. COPYRIGHTED MATERIALS
Playtogive continually invests significant resources to create software, text, and other materials. The majority of these materials are protected under copyright laws of the United States and of other countries worldwide. To protect its investment, Playtogive diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct that violates Playtogive's copyrights. This policy is subject to change at any time and without notice.
Copyright protects original works of authorship fixed in a tangible medium of expression. Copyright infringement occurs when any one or more of the following rights is violated: (1) reproduction; (2) adaptation; (3) distribution to the public; (4) performance in public; or (5) display in public. Copyright infringement issues can also arise when a new work or a modification of an existing work, known as a derivative work, is created from a copyrighted work. A derivative work is based upon a pre-existing work in which the pre-existing work is changed, condensed, recast, transformed, adapted, or embellished. If the pre-existing or underlying work is a protected work under copyright law, one who wishes to exploit the derivative work must obtain a license from the owner of the copyright in the underlying work or works. Thus, modification of Playtogive's copyrighted materials without explicit permission for commercial use constitutes infringement. Without written permission from Playtogive, you may not make any unauthorized reproduction or engage in distribution of the Playtogive's copyrighted materials, which include, but are not limited to, materials such as books, publications, computer software (including object code and source code), online curricula, Web content, diagrams, photos, testing materials, exams, text, images, and graphics published by Playtogive in any format. It is Playtogive policy to enforce its copyrights against any third party who infringes on its copyright. To ensure that you do not infringe on any of Playtogive's copyrighted materials:
1. Do not directly or indirectly copy, reproduce, or distribute any of Playtogive's materials (including Web pages) or any part of the text or graphics from those materials.
2. Do not directly or indirectly modify or create derivative works of any of Playtogive's materials.
3. Do not copy, reproduce, or modify source code or object code of any of Playtogive's products.
4. Do not create an emulator or simulator of a Playtogive product in a manner that is likely to confuse the public about the source of the emulator or simulator.
5. Do not create materials that look as though they originated from or are endorsed by Playtogive.
6. Do not imitate the color or visual appearance of Playtogive's materials and/or products.
7. Do not use Playtogive's icons as graphical design elements in your materials.
8. Do not distribute Playtogive's work by sale, rental, or other disposition.
C. Copyright Permission Requests
To request permission to use Playtogive's copyrighted material, please e-mail us at firstname.lastname@example.org.
D. Additional Guidelines
General policies about Playtogive's trademarks and web usage are found above.
This policy document is not intended to serve as legal advice. Should you have questions regarding your legal rights or duties, please consult your own attorney. Should you have further questions regarding Playtogive's policy for its copyrighted materials, please contact Playtogive at email@example.com
VIII. CHOICE OF LAW AND VENUE
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
In any dispute arising out of the use of this Site, if the parties cannot resolve the same, such dispute shall be submitted by either party to arbitration in accordance with the rules and procedures of the American Arbitration Association. All parties shall initially share the cost of arbitration, but the prevailing party may be awarded attorney fees, costs, and other expenses of arbitration. All arbitration decisions shall be final, binding and conclusive on the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so. Notwithstanding the above, neither party shall be prevented from obtaining injunctive or other equitable relief from a court of competent jurisdiction pending the resolution of a dispute through mediation or arbitration.
X. TERMINATION OF USE
You hereby agree and acknowledge that Playtogive may, in its sole discretion, terminate or suspend your access to all or part of this Site, with or without notice, and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Playtogive reserves the right, in its sole and unfettered discretion, to revise these Terms and Conditions at any time and to correct any errors or omissions to any portion of this Site. The content and/or materials of www.playtogive.com may also be changed, modified, added, removed or updated at any time and without notice. Notwithstanding the foregoing, Playtogive is under no obligation to update or otherwise change the content and/or materials of www.playtogive.com. Playogive.com reserves the right to make changes in the products, services, programs or prices described on www.playtogive.com, if any, at any time and without notice. Your continued use of www.playtogive.com after any changes made by Playtogive will be considered an acceptance of those changes. Playtogive encourages you to revisit these Terms and Conditions from time to time to review the then-current Terms and Conditions as such terms and conditions are binding on you as a user of www.playtogive.com. If any provision of these Terms and Conditions is determined by a court or arbitrator to be invalid, unenforceable or otherwise ineffective, that provision shall be severed from the rest of the Terms and Conditions, and the remaining provisions shall remain in effect and fully enforceable.
XII. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between Playtogive and you pertaining to the subject matter of this Agreement. In its sole discretion, Playtogive may modify these Terms and Conditions by posting the revised version on this Site.
By using this Site and agreeing to the these Terms and Conditions, you hereby agree that you will defend, indemnify and hold Playtogive harmless from any and all damages, liabilities, costs and expenses (including, but not limited to reasonable attorneys' fees) incurred by Playtogive as a result of (i) any breach of your agreements, representations and/or warranties or any other part of these Terms and Conditions; and (ii) any claim that any website address posted by you (including but not limited to hyperlinked websites), infringes or misappropriates any intellectual property right of a third party;. Playtogive shall be entitled to its choice of counsel to represent it with respect to any such damages, liabilities, costs and expenses.
XIV. NO UNLAWFUL OR PROHIBITED PURPOSE
As a condition of your use of this Site, you warrant to Playtogive that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.