This is a legal document and creates an Agreement between you, the user, and OpenPlay, Inc. (hereinafter “OpenPlay”). You must agree to be bound by the terms and conditions presented herein as a condition precedent to using any of the tools or services provided to you via the OpenPlay web site www.openplay.co and its related sites as may be updated by OpenPlay from time to time (collectively, the “Site”).
By using or purchasing any tool or service presented by the Site or viewing any element of content present on the Site, you signify your acceptance to each term and condition of this Terms of Service. These terms and conditions apply to any separate Agreement, whether or written in nature and are incorporated by reference into any such Agreement as if fully set forth therein.
THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY NOT ONLY TO YOUR USAGE OF THE SITE BUT TO ANY SUBSEQUENT AGREEMENT WHEREBY OPENPLAY OR A SUBSIDIARY, OR AFFILIATE PROVIDES YOU ANY SERVICE WHATSOEVER.
RULES OF BEHAVIOR REGARDING THIS WEBSITE
You may never engage in any of the following activities: (a) Violation of any law, whether civil, criminal, or regulatory in nature, regarding your usage of the Site; (b) Engage in any action, indirectly or directly, that may be harmful to OpenPlay, the OpenPlay software, products, web site or any function thereof.
CONFIDENTIALITY OF CODES, PASSWORDS AND INFORMATION
You agree to treat as strictly private and confidential any user ID and related password which you may have received required for entry to any tool or service that we provide and all information to which you have access through password-protected areas and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You are solely responsible for the security of your password. Any loss that you sustain due to a lack of security on your part regarding your codes or passwords is your sole loss to sustain.
The contents of the Site are protected by United States copyright law and trademark law, the laws of the State of California, and various international treaties and agreements. United States copyright law and patent law may protect various software, programming and scripts in use by OpenPlay. Text, graphics, appearance, visual elements, design, concepts, business models, operational models, documents, databases, collections of links, hyper text markup language (HTML) code, scripts and all products sold and services offered are protected by United States and International Copyright Laws and Treaties, and may not be copied, published, reengineered, decompiled, translated, mirrored, hosted, reproduced, disseminated, adapted, used, or otherwise distributed by any means without explicit written permission of OpenPlay. You agree not to change or delete any proprietary notices from materials downloaded from the Site.
Trademarks appearing on the Site are protected by law and you cannot use any such trademarks in any fashion without the express written permission of the trademark owner. OpenPlay, OpenPlay Music, OpenPlay Workflow, and the OpenPlay logo are trademarks or registered trademarks of OpenPlay, Inc. in the U.S. and/or other countries.
Your "right" to use the Site, and any tools, services or memberships offered is subject to termination by OpenPlay at any time, for any reason, without notice to you.
This Site is copyright © 2013- by OpenPlay, Inc. All Rights Reserved.
The products, software, APIs, services, tools, and programs offered by OpenPlay, including those service that are not a portion of the Site, but are services provided by separate contractual agreement or arrangement, are provided on a "as is" basis, and without warranties of any kind either express or implied. OpenPlay hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. OpenPlay does not warrant that any material or function presented on the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful elements. OpenPlay does not offer a warranty or make any representations regarding the results of the use of the materials in the Site in terms of their correctness, accuracy, reliability, risk of injury to your computer or commercial advantage to you. No promises of any earnings or commercial gain are made to you in any way. Applicable law may not allow the exclusion of implied warranties, so such exclusions may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall OpenPlay be liable for any special or consequential damages that result from the use of, or the inability to use, the tools or services offered to you via the Site, or outside of the Site through separate contractual arrangements, even if you have advised OpenPlay of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall OpenPlay’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or any other legal theory, including but not limited to, negligence or otherwise) exceed the amount of One Hundred Dollars ($100) USD.
You agree to hold OpenPlay, its employees, directors, officers, investors, partners, affiliates and advertisers harmless and defend from any civil claim of any nature regarding your usage of any of the tools or services provided via the Site, or through any separate contractual arrangements.
OpenPlay disclaims all liability for any third party extension or other offering available to you on or through the Site.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OPENPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.
CANCELLATION OF PROGRAMS, TOOLS, AND SERVICES
OpenPlay may cancel or discontinue any or all of our programs, tools, or services provided on the Site at any time without notice to you.
You acknowledge and agree that from time to time the Site and any or all of our programs, tools, or services provided on the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which OpenPlay may undertake from time to time; or (iii) causes beyond the control of OpenPlay or which are not reasonably foreseeable by OpenPlay.
LINKS TO THIRD PARTY WEBSITES
JURISDICTION AND ARBITRATION
This Agreement and any separate agreements whereby OpenPlay provides you with services, shall be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims (except civil wrongs or criminal acts, intentional or otherwise, committed by you) arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Los Angeles, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
Terms of Service Last Updated: September 1, 2013
• What personally identifiable information is collected from you through the OpenPlay Services, how it is used and with whom it may be shared.
• What choices are available to you regarding the use of your data.
• The security procedures in place to protect the misuse of your information.
• How you can correct any inaccuracies in the information.
CONSENT AND POLICY MODIFICATION
INFORMATION COLLECTION, USE, AND SHARING
We are the sole owners of the information collected from the OpenPlay Services. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, or as is reasonably necessary for us to provide the OpenPlay Services.
We take precautions to protect your information. When you submit sensitive information via the OpenPlay Services, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the individual OpenPlay Service you are using.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
DATA STORAGE AND RETENTION
Your personal data is stored by OpenPlay on its servers, and on the servers of the cloud-based database management services OpenPlay engages, located in the United States. OpenPlay retains data for the duration of the customer’s or member’s business relationship with OpenPlay. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact OpenPlay's data protection office at email@example.com
TRANSFERRING PERSONAL DATA FROM THE EU TO THE US
OpenPlay has its headquarters in the United States. Information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. OpenPlay relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, OpenPlay collects and transfers to the U.S. personal data only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of OpenPlay in a manner that does not outweigh your rights and freedoms. OpenPlay endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with OpenPlay and the practices described in this Privacy Notice. OpenPlay also minimizes the risk to your rights and freedoms by not collecting or storing sensitive information about you.
DATA SUBJECT RIGHTS
The European Union’s General Data Protection Regulation and other countries’ privacy laws provide certain rights for data subjects. A good explanation of them (in English) is available on the website of the United Kingdom’s Information Commissioner’s Office (https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/individuals-rights/the-right-to-be-informed/).
This Privacy Notice is intended to provide you with information about what personal data OpenPlay collects about you and how it is used. If you have any questions, please contact us at firstname.lastname@example.org
If you wish to confirm that OpenPlay is processing your personal data, or to have access to the personal data OpenPlay may have about you, please contact us at email@example.com
You may also request information about: the purpose of the processing; the categories of personal data concerned; who else outside OpenPlay might have received the data from OpenPlay; what the source of the information was (if you didn’t provide it directly to OpenPlay); and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by OpenPlay if it is inaccurate. You may request that OpenPlay erase that data or cease processing it, subject to certain exceptions. You may also request that OpenPlay cease using your data for direct marketing purposes. In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how OpenPlay processes your personal data. When technically feasible, OpenPlay will—at your request—provide your personal data to you or transmit it directly to another controller.
Reasonable access to your personal data will be provided at no cost to OpenPlay customers and others upon request made to OpenPlay at firstname.lastname@example.org. If access cannot be provided within a reasonable time frame, OpenPlay will provide you with a date when the information will be provided. If for some reason access is denied, OpenPlay will provide an explanation as to why access has been denied.
We use "cookies" in the operation of the OpenPlay Services. A cookie is a piece of data stored on your hard drive that helps us improve your access to the OpenPlay Services and identify repeat users of the OpenPlay Services. For instance, when we use a cookie to identify you, you may not have to log in using a password more than once, thereby saving time while using the OpenPlay Services. Cookies can also enable us to track and target the interests of our users to enhance our products and services.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
We use an outside credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
The OpenPlay Services contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave the OpenPlay Services and to read the privacy statements of any other site that collects personally identifiable information.
From time-to-time the OpenPlay Services may request information via surveys. Participation in these surveys is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of the OpenPlay Services.
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