TERMS OF USE
Effective date: July 1, 2017
BEFORE PROCEEDING, PLEASE READ THE TERMS CAREFULLY. BY USING OUR WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, ANY ADDITIONAL TERMS AND CONDITIONS, GUIDELINES, POLICIES, AND FUTURE MODIFICATIONS THEREOF. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING OUR WEBSITE AND IF APPLICABLE, DELETE YOUR ACCOUNT.
Table of Contents:
- Introduction
- The Player One Amusement Group Website
- Privacy
- Modification of the Website Terms
- Responsibility for Minors
- Prohibited Use
- Ownership/Proprietary Rights
- Disclaimers/Waivers/Limitations
- Advertising and Links
- Registering an Account
- Posting and Commenting Guidelines
- Posting User Submissions via Social Networking Sites
- Violations of Terms of Use
- Other Countries
- Governing Law
- Dispute Resolution
1. Introduction:
The following terms, conditions and provisions (the "Terms of Use") govern the relationship between you and Player One Amusement Group Inc. and its subsidiaries, affiliates and/or related entities ("P1AG" or "we" or "our") as it pertains to your online dealings with Player One Amusement Group.
2. The P1AG Website
By using any part of WinWithP1AG.com, or any mobile websites or applications owned by P1AG (collectively referred to as the “Website”) or establishing an account on the Website, you agree to comply with, and be legally bound by, these Terms of Use (which include the Terms of Sale for the P1AG Websites), the Privacy Policy (collectively referred to as the “Website Terms”), all applicable laws and all applicable terms of use and policies as may apply to the devices, technology or products used in conjunction with the Website or the merchandise purchased therefrom. If the Website Terms are not acceptable to you, you must not use this Website.
“Use” of the Website shall include, but is not limited to browsing the Website and the Content, as hereinafter defined, registering for an account or your devices, posting comments on the Website, requesting electronic newsletters, and purchasing products online.
3. Privacy
Your privacy is important to us. The P1AG Privacy Policy is incorporated into these Website Terms by reference (the “Privacy Policy”). Please read the Privacy Policy carefully for details on the collection, use and disclosure of your personal information. Your use of the Website shall be deemed to constitute your understanding and approval of, and agreement to be bound by, the Privacy Policy and you consent to the collection, use and disclosure of your personal information by P1AG and/or third parties in accordance with the Privacy Policy or as otherwise required by law.
4. Modification of the Website Terms
We reserve the right, at our sole discretion, to change modify, add or remove portions of the Website Terms at any time with or without notice to you. Please check these Website Terms periodically for changes. Your continued use of the Website after the posting of any changes to these Website Terms constitutes your acceptance of such changes. Modifications to these Website Terms shall be effective as the effective date written above.
5. Responsibility For Minors
The Website may contain material that is inappropriate for audiences under the age of thirteen (13). You acknowledge and agree that you will not authorize anyone under the age of thirteen (13) to access or view the Website.
P1AG believes that parents should supervise their children's online activities and consider using commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.
If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (Note: The preceding links are provided for information purposes only. P1AG is not affiliated with these entities and the foregoing is not intended as an endorsement of these entities, their services or policies.)
If for any reason P1AG believes a user may be under the age of 13, P1AG reserves the right to request proof of age of such user. If such proof is not provided, or if it is discovered the user is under the age of 13 all personal information shall be deleted from our system and we reserve the right to limit and/or ban the user from our site.
6. Prohibited Use
As a condition of your use of the Website, you will not use the Website for any unlawful purpose or in a manner prohibited by these Website Terms. If you reside outside of Canada, you acknowledge that you are responsible for ensuring that your use of the Website complies with all rules, laws, and regulations in the jurisdiction where you reside, including, without limitation, laws concerning intellectual property, the Internet, data and privacy.
o You may not use the Website or Content for commercial purposes. You agree not to reproduce, duplicate, copy, sell, distribute, resell or exploit any portion of the Website and/or Content or use the Website and/or Content for any other purpose other than your personal, private, non-commercial purposes.
o You agree that you will not use the Website and/or Content to defame, harass, abuse, threaten or stalk others or to collect or attempt to collect personal information about users or other third parties.
o You agree not to, intentionally or otherwise, damage, impair or disable the Website and/or Content or any user's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, adware or other malicious code.
o You agree not to remove, circumvent, disable, damage or otherwise interfere with any security related features of the Website and/or Content or features that prevent or restrict the use or copying of any content accessible through the Website and/or Content.
o You agree that you will not attempt to gain unauthorized access to the Website and/or Content or any computer system or networks connected to the Website and/or Content, through hacking, password mining or any other means or interfere or attempt to interfere with the proper operation of the Website and/or Content.
o You agree not to use framing techniques to enclose trademarks, logos or other materials posted on the Website or use any of our META tags or other "hidden text" on the Website or contained in the Content without our express written permission.
o You agree not to make unsolicited offers, advertisements, spam and proposals to other users of the Website.
o You agree not to modify, adapt, translate or create derivative works based on the Website or any part thereof.
Any violation of the above terms is strictly prohibited and can result in the immediate revocation of any licenses granted to you to use the Website and may constitute violations of law.
7. Ownership/Proprietary Rights
The Website is owned and operated by P1AG. The content, visual interface, interactive features, information, graphics, design, computer code, methods of operation, documentation, software, services and all other elements contained in or as part of the Website (the "Content") and any moral rights contained therein are copyrighted works owned by P1AG or its affiliates and/or third party licensors and are protected by Canadian copyright, trademark, trade dress and patent laws, international conventions and all other relevant intellectual property and proprietary rights and applicable law both in Canada and abroad, where permitted. All trademarks, service marks and trade names on the Website are owned by P1AG, its affiliates and/or third party licensors. Except as expressly authorized by P1AG, you agree not to sell, license, distribute, copy, modify, publically perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content. P1AG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights in connection with the Website and the Content. You shall not acquire any right, title or interest to the Website and/or Content, except for the limited rights set forth in these Website Terms. P1AG will aggressively enforce its intellectual property and other rights to the fullest extent permitted by law or equity including, but not limited to, criminal prosecution. You agree that notwithstanding anything contrary contained herein, you shall have no ownership or other proprietary interest in any account you create and you acknowledge and agree that all rights in and to any account are and shall forever be owned by and ensure to the benefit of P1AG. You may display, download and print the contents of this Website for non-commercial purposes which are personal or educational, provided that you attribute ownership of all such content to P1AG and provided that you do not contest P1AG's ownership of or rights towards all such content. All content on this Website is copyrighted and owned by P1AG or a third party, as indicated. The content on this Website may not, without the express written permission of P1AG, be saved, shared, broadcast, disseminated, copied, modified, published, transferred, transmitted, reposted, reproduced, reused, displayed, sold, linked to another website or used for public or commercial purposes, unless permitted by these Terms of Use.
P1AG respects the intellectual property rights of others and requires that everyone using the Website does the same. P1AG will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent via the online form located here..
8. Disclaimer/Waivers/Limitations
ALTHOUGH THE CONTENT ON THIS WEBSITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, SUCH CONTENT MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR ERRORS, AND IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. NEITHER P1AG NOR ITS PARENT, SUBSIDIARY OR AFFILIATED ENTITIES, AND EACH PARTY’S RESPECTIVE LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY REPRESENTATION WHATSOEVER AND DISCLAIM ALL STATUTORY, EXPRESS OR IMPLIED WARRANTY, COVENANT AND/OR CONDITION OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, TERMS, COVENANTS OR CONDITIONS REGARDING ACCURACY, FUNCTIONALITY, UNINTERRUPTED SERVICE, COMPATABILITY, SOFTWARE COMPATABILITY, FREEDOM FROM COMPUTER VIRUS, MALWARE OR ADWARE, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, RESULTS OBTAINED FROM USE OF THIS WEBSITE, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE ARISING BY LAW, EQUITY, STATUTE, USAGE OF TRADE OR COURSE OF DEALING.
INTERNET SERVICES, LINKS AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, CRASHES, DOWN-TIME, ACTS OF GOD AND OTHER OCCURRENCES BEYOND THE CONTROL OF P1AG. P1AG SHALL USE ITS REASONABLE EFFORTS TO MAINTAIN A CONSISTENT LINK WITH THE INTERNET, BUT CANNOT AND DOES NOT REPRESENT, WARRANT OR COVENANT THAT IT SHALL MAINTAIN SUCH CONTINUOUS AND UNINTERRUPTED LINK TO THE INTERNET. P1AG SHALL NOT BE LIABLE, OBLIGATED OR OTHERWISE RESPONSIBLE IF IT IS UNABLE OR UNWILLING TO MAINTAIN A CONTINUOUS AND UININTERRUPTED LINK TO THE INTERNET.
YOUR USE OF THIS WEBSITE MEANS THAT YOU AGREE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK AND LIABILITY. P1AG, ITS PARENT, SUBSIDIARY OR AFFILIATED ENTITIES, AND EACH PARTY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS (“RELEASED PARTIES”) SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, MORAL, INCIDENTAL, COLLATERAL OR SPECIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE DAMAGES ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF THE CONTENT ON THIS WEBSITE, OR THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FROM THE USE OF, OR INABILITY TO USE, ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND EVEN IF CAUSED BY ANY ACT, OMISSION OR NEGLIGENCE OF P1AG OR ANY OF ITS LICENSORS, AGENTS, SERVANTS, CONTRACTORS, PARTNERS, SERVICE PROVIDERS OR SUPPLIERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
THE PRECEDING LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW OR EQUITY, IN ALL ACTIONS OF ANY KIND WHATSOEVER, WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY PART OF THESE TERMS OF USE DECLARED INVALID BY A COURT OF COMPETENT JURISDICTION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.
9. Links
The Website contains links to third party websites. Third party links are provided solely as a convenience to you and not as an endorsement by P1AG. P1AG is not responsible for the content of any third party website or the products and/or services offered by third party links, nor does it make any representation or warranty of any kind regarding any third party website or products and/or services offered by third parties, including, without limitation: (a) advertising claims made by third parties; (b) the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third party website; (c) the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third party websites; or (d) the third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected or that such third party websites will be free from viruses or other harmful components.
Third party linked sites are not under the control of P1AG and may collect data or solicit personal information from you. P1AG is not responsible for the content, business practices or the privacy policies of the third party linked sites, including but not limited to the collection, use and disclosure of personal information that these sites may collect.
You agree that P1AG shall not be responsible or liable to you for any type of loss or damage that may result in any such dealings you may have with advertisers or third party websites linked to the Website, either directly or indirectly as a result of the presence of such advertising on the Website.
10. Posting User Submissions through a Social Networking Site
Comments or content posted by individuals (“User Submissions”) may be made available via one or more social networking sites (i.e. Facebook or Twitter). In order to post User Submissions in this manner, you must have a registered account with the social network ("Social Network Account"), and be logged into the Social Network Account to post the User Submission. User Submission must comply with the terms and conditions for the applicable social networking site. P1AG shall not be held responsible for your inability to post User Submission due to your inability to access your Social Network Account or for any unauthorized access or viewing of your Social Network Account that may result when third parties review your User Submissions.
By agreeing to the Terms of Use and/or by posting a User Submission to a P1AG page and/or account on a social networking site (the “P1AG Social Networking Pages”) through your Social Network Account, you agree that P1AG may access certain information from your Social Network Account. The information you allow P1AG to access may vary depending on the privacy setting you have established through your Social Network Account.You acknowledge and agree that when visiting the P1AG Social Networking Pages, you will be exposed to User Submission from a variety of sources, and that P1AG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against P1AG with respect thereto.
You retain all of your ownership rights in any User Submissions that you post to the P1AG Social Networking Pages. By uploading and/or posting your User Submission to the P1AG Social Networking Pages, you grant P1AG a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (a) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such User Submission for any purpose via all forms of media now known or hereafter devised; and (b) to transfer or sublicense to third parties the unrestricted right to exercise any of the foregoing rights.
In addition to the grant of the above license, you hereby: (a) agree to waive all moral rights in your User Submission in favour of P1AG; (b) consent to your name appearing as the contributor of your User Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Submission; and (c) acknowledge and agree that P1AG is not responsible for any loss, damage, or corruption that may occur to your User Submission.
P1AG does not endorse any User Submissions posted on the P1AG Social Networking Pages by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and P1AG expressly disclaims any and all liability in connection with all User Submissions. P1AG does not permit or condone copyright infringing activities and infringement of intellectual property rights on P1AG Social Networking Pages and we will remove all User Submissions if we are notified that such User Submission infringes on third party intellectual property rights. We reserve the right to remove any User Submission posted on our P1AG Social Networking Pages without prior notice and without reason.
P1AG does not condone the submission of inappropriate content including, without limitation, content that is defamatory, discriminatory or illegal. P1AG may remove any User Submission if we are notified that such User Submission violated this paragraph. With respect to your User Submission, you agree not to submit any content that: is offensive or that promotes racism or hatred; could be harmful to minors; harasses or bullies others; is false, misleading or illegal; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party; contains or displays content of a sexually explicit nature, nudity or sexual activity; facilitates the impersonation of another person.
11. Violations of Terms of Use
If you breach any of the Terms of Use you may no longer use this Website. P1AG may, in its sole discretion, cancel or terminate your right to use this Website, or any part of this Website, at any time without notice. In the event of such cancellation or termination, you are no longer authorized to access this Website or that part of this Website affected by such cancellation or termination. In such event, the restrictions imposed upon you by these Terms of Use shall still apply. P1AG shall not be liable, obligated or otherwise responsible to any party for damages arising from such a cancellation or termination. P1AG reserves the right to seek all remedies available to it at law and in equity for violations of the Terms of Use.
12. Other Countries
This Website may be accessed from countries around the world, other than Canada, and may contain references to P1AG products, services, and programs that have not been announced and are not available in your country. These references do not imply that P1AG intends to announce or make available such products, services or programs in your country. P1AG makes no representation or warranty that the content on this Website is appropriate, available for use or legal in countries, territories or lands other than Canada. P1AG makes no representation or warranty that accessing this Website from countries, territories or lands other than Canada is not prohibited. Those who choose to access this Website from countries, territories or lands other than Canada do so entirely on their own initiative and entirely at their own risk, and they are solely responsible for the consequences of same, and for compliance with their local laws.
13. Laws
These Terms of Use supersede any preceding terms of use on this Website and any other agreement regarding the use of this Website, whether oral or in writing, and render null and void any preceding terms of use on this Website or any other agreement regarding the use of this Website.
This Website (excluding linked sites) is owned and/or controlled by P1AG from its offices in the Province of Ontario, Canada. P1AG makes no representations or warranties that the Website and/or Content is appropriate for, complies with the laws within, or is available in other jurisdictions. Those who use the Website from jurisdictions other than Canada do so at their own risk and are responsible for compliance with their local laws. By accessing this Website, you and P1AG agree that all matters relating to your access to, and use of, this Website shall be governed by the statutes, regulations and laws of the Province of Ontario and of Canada, as such laws respectively apply. You and P1AG agree and hereby submit and attorney to the exclusive jurisdiction and venue of the courts of the Province of Ontario and of Canada, at the City of Toronto, with respect to any and all matters arising in connection with these Terms of Use or in consequence of your use of the Website. If any provision the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity or enforceability of any remaining provision of these Terms of Use.
14. Dispute Resolution
You agree that any causes of action arising out of or related to these Website Terms or your use of the Website must formally commence within one (1) year after the cause of action arises, otherwise such cause of action is permanently prohibited.
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS OF USE, THE PRIVACY POLICY AND THE TERMS OF MEMBERSHIP, AND THAT YOU UNDERSTAND THE NATURE AND CONSEQUENCES OF SAME, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING OUR WEBSITE AND IF APPLICABLE, DELETE YOUR ACCOUNT.