Terms and Conditions
These Terms and Conditions govern your access to and use of WePlay Media, including all related mobile applications and websites. By using our services you agree to be bound by the Terms and Conditions below. If you do not agree to the Terms and Conditions, do not use any of WePlay Media ’s applications. WePlay Media reserves the right to amend these Terms and Conditions at our discretion. The most recent version of Terms and Conditions shall govern.
For the purpose of this legal document WePlay Media is referred to also as “we” “us” “our” and the user to whom is agreeing to these Terms and Conditions if referred to as “you”.
The site, our mobile application, our online applications, and all content associated are exclusively the property of WePlay Media . All rights not granted herein are reserved by WePlay Media .
2. Grant of Limited License
So long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, terminable license to view and use the site and associated games for entertainment purposes only. WePlay Media reserves the right to suspend or deny your access to the site and or applications as seen fit based on your conduct.
It is important to understand that in the games you may buy or earn virtual currency, coins, points, or in-game items, you do not own any of these virtual items. Rather, they are a part of your license and do not have any real currency value. WePlay Media prohibits the sublicense, trade, sale, exchange, or transfer of virtual currency or items. Any such transfer or attempt to transfer is regarded as void and will result in termination of your license to use the of both site and application.
3. Accessing the Service
You must provide all the necessary equipment and software to access the service. You are responsible for any fees, including but not limited to Internet and mobile fees that you incur when accessing the service.
4. License Limitations
The following restrictions apply to the license and violation of such will result in revoking of your license, with out without notice.
5. Purchase Policy
In the game users may use real world money to purchase virtual money or virtual goods. Purchasing of virtual items is merely a license to use these items in the game. Virtual currency or goods have no real world value. No refunds will be given for any purchases under any circumstance, even in the event of account termination or game deletion. Users agree that all transactions may be done electronically and any paperwork that typically is filed in writing can be in electronic form. You agree to pay all purchasing fees and associated taxes that are charged to the account registered to you, regardless of the purchaser. It is for this reason that we stress the importance of keeping your username and password information private.
Our applications are not meant to be used by children under the age of 13 or persons who have not reached the age of majority unless they have parental supervision. Even though most of our applications are free to download, most have in-application options to purchase virtual currency or other in-game goods with real money. If you are a parent, legal guardian, and or other responsible adult, you are fully responsible for any purchases made by your child with your credit card or other payment option. If you allow your child access to these applications you are advised to watch them carefully to ensure that they do not make any purchases without your expressed permission.
WePlay Media assumes no liability for purchase errors of any kind in any capacity on any device platform. We are not liable for any errors on your billing statements from your carrier. It is your sole responsibility to confirm that your device and carrier are supported and compatible to the products or service that you download or purchase from us. We accept absolutely no return on any software downloads or virtual currency or items purchased.
As a user of WePlay Media ’s site, services, and applications you agree to obey all federal, state, and local laws, regulations, and rules that apply to your activities in context with our service. Furthermore, you shall observe and respect the rights of all other users of the site and applications.
7. User Content
Upon reading and agreeing to these terms you understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages, or any other material that are transmitted to or via the site or applications are the sole responsibility of the individual from whom the materials originated. All this means that you, and other users, are completely and exclusively responsible for any and all materials published or sent to the site or applications. WePlay Media has no obligation to monitor the materials published to the site or applications for any illegal or offensive content, but has the right to do so should we see fit.
WePlay Media advises users to be aware that you may be exposed to indecent, objectionable, or offensive material. Users are not to post any violent, discriminatory, unlawful, hateful, nude, pornographic, sexually suggestive, or offensive material. We reserve the right to remove any materials that we see as unfit with or without any prior notice, but we do not have the obligation to do so.
WePlay Media does not claim ownership of any content that you post on or through our service. However, by posting your content you grant WePlay Media non-exclusive, fully paid, royalty free, transferable, sub-licensable, worldwide license to use any and all content that you upload. By posting any such content you are establishing that you own the rights to that content and as such have the right to grant those rights to us. As well, the publishing and use of your content on or through the site or applications does not violate, misappropriate or infringe on the rights of any third party in the following ways, but not limited to; privacy rights, publicity rights, copyrights, trademark, and or any other intellectual property rights. If your content violates any of these terms or any other federal, state, or local laws, WePlay Media is not to be held responsible. Furthermore, the person responsible for the content may bear legal obligations. We reserve the right to remove any material alleged to be infringed with or without prior notice. If a user is thought to be or determined to be a repeat infringer we reserve the right to terminate a user’s account with or without giving them prior notice.
8. User Interaction
We expect our users to conduct themselves in a mature and respectful manner at all time when on our site or applications, specifically in regards to interactions with other users. You are prohibited from impersonating, stalking, bullying, harassing, threatening, or intimidating anyone on or via the site or applications. You also may not post any information that is considered to be private or confidential in any regard. You are not permitted to create, submit, or circulate any unwanted comments, emails, or any other form of commercial or harassing communication amongst our users.
As an individual, you are responsible for any and all interactions you have with other users. WePlay Media is not to be held liable for any conduct of our users or between our users. We ask that our users use their best judgment when communicating with other people via our services. It is not our obligation, nor our duty, though we do have the right to monitor user activity to prevent any disputes or other problems between users.
9. Third Party Advertising
You understand that our site and applications may feature advertisements from outside third party vendors and you can be linked to these third parties’ sites via our service. Any charges or obligations that you incur in your dealings with these third parties are your responsibility. WePlay Media is in no way endorsing or providing any guarantee as to the content, goods, or services provided by these third party sites. We have no control over these third parties and as such we are not responsible for their content, business practice, or other dealings.
10. Updates to Service
Users must understand that the site, applications, and other related services are continuously advancing. For this reason, WePlay Media may require that you accept updates to our games that you have installed on your computer, mobile, or other devices. You are now aware of and agree to the fact that WePlay Media may do these updates with or without notifying you first.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE, APPLICATIONS, VIRTUAL CURRENCY, OR VIRTUAL GOODS IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE, APPLICATIONS, VIRTUAL CURRENCY, OR VIRTUAL GOODS IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER WePlay Media NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. Limitations of Liabilities and Damages
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, ITS CONTENT, OR APPLICATIONS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT WePlay Media IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD WePlay Media LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE AND APPLICATIONS AND OEPRATORS OF EXTERNAL SITES AND SERVICES.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WePlay Media IS TO STOP USING THE SITE, APPLICATIONS AND SERVICES, AND TO CANCEL YOUR ACCOUNT. OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE OR APPLICATIONS IN THE PAST 180 DAYS. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You hereby agree to indemnify, save, and hold WePlay Media harmless from any claims, liabilities, or damages, including legal fees and associated expenses related to your use or misuse of the site or applications, any violation of the Terms and Conditions, or any breach of other federal, state, or local laws. You agree that these provisions will survive any termination of your use of the service or account.
14. Dispute Resolution
If you have a problem with our site, applications, or any aspect of our service, we strongly encourage you to contact us first. We hope that it is something that we can fix for you, as customer satisfaction is very important to us. If you feel that after contacting us we have not sufficiently resolved your problem, then we will consider reasonable requests to resolve disputes through alternative dispute resolution methods.
You agree that all disputes between you and WePlay Media with regard to your relationship with us, including but not limited to disputes related to these Terms and Conditions, your use of the site, applications, or general service, or rights of privacy or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules of arbitration of consumer-related disputes. Also, you and WePlay Media herein expressly waive the right to trial by jury and class action, as well as any claims involving other person(s) account(s). As an alterative, you may bring your claim in your local “small claims” court, if permitted by that court’s rules. You may only bring claims on your own behalf.
15. General Provisions
Agreement and understanding of these Terms and Conditions supersedes all other previous agreements. WePlay Media may publish additional rules, regulations, or provisions to these Terms and Conditions, all of which are to be followed. Failure on the part of either WePlay Media or the user to withhold their part of these Terms and Conditions does not waive the contract void. WePlay Media may assign or delegate these Terms and Conditions wholly of partially to any person or entity with or without user consent. You may not in any case assign or delegate any rights or obligations under the Terms and Conditions without proper written authorization from WePlay Media first. WePlay Media will not be held liable for any delay or failure to perform that results from circumstances outside of WePlay Media ‘s reasonable control. If any provision of the Terms and Conditions is found to be invalid, it will be dismissed and the rest of the contract will be upheld.