terms of service
We are Played Limited (‘Played’) and these Terms of Service (the ‘Terms’) govern the relationship between you and Played when you use our social networking Mobile Application (the ‘App’).
1. Background: These Terms govern the relationship between you and Played Ltd (a private limited company incorporated in England and Wales with company number 10271265 with its registered office at 26 Roffo Court, Boyson Road, London, SE17 2FL (hereafter ‘Played’, ‘us’ or ‘we’).
2. Privacy & Cookies Policy: The information we collect from you and the ways in which we use it are covered in our Privacy and Cookies Policy. The Privacy and Cookies Policy form part of these Terms. By agreeing to these Terms you consent to the collection, use and storage of your information as described in our Privacy & Cookies Policy.
3. The App and Advertising: We offer our App as a standalone application via Apple Inc’s ‘App Store’ and our current business model is to generate revenue from in-app advertising.
4. Your eligibility: To use our App you promise that:
a. you are legally entitled to own the device you are using to access the App and use the App;
b. you are not located in a country that is: (i) subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; and (ii) you are not listed on any US Government list of prohibited or restricted parties;
c. the information you provide to us is true and accurate and you will update such information when necessary;
d. you have not previously been banned or blocked from using either our App or Apple’s ‘App Store’ platform;
e. you must have an ‘Apple Account’; and
f. you will not:
I. copy, sublet, lease licence, loan, lend, sell, trade or otherwise deal with the App;
II. use the App for any illegal activities;
III. use the App to disseminate any information or materials that are obscene, violent, threatening, libelous, discriminatory or otherwise, in Played’s opinion, offensive;
IV. use the App to disseminate any information or materials that would infringe, or might infringe, any intellectual property rights, including those of Played.
5. Acceptance of these Terms: If you have an Apple Account and/or download our App you are deemed to accept these Terms. You acknowledge that these Terms: (a) apply from the date on which you first download our App; (b) apply to your use of our App; and (c) form a legally binding contract between you and Played.
6. The relationship with Apple: We both acknowledge that your acceptance of these Terms form a legally binding contract between you and Played; not with Apple. Played is solely responsible to you for the App and its content; not Apple. Apple’s terms and conditions apply to your use of the App (the “Apple Terms”). If there is any conflict between these Terms and the Apple Terms, the Apple Terms shall prevail.
7. Special Terms: In addition to the Apple Terms, further special terms and conditions also apply to your use of our App, depending on how you access them. For example, if you access our App through Facebook using its ‘Facebook Connect’ functionality, Facebook’s terms of service may apply. Also, from time to time we, or one of our business partners or third party, may operate a competition or promotion that is subject to additional further terms. Each of these are “Special Terms”. If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.
8. Grant of a Licence: Provided that you have a valid Apple Account, in consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence permitting you to use our App for your personal, non-commercial, entertainment purposes on Apple iOS products. Played owns (or has a licence to use) all intellectual property in its App (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the App titles). By using our App under licence you do not acquire any intellectual property rights in our App.
9. Errors: Played uses reasonable endeavours to ensure that errors and mistakes do not incur in the App in relation to your use of the App. However, Played reserves the right to void any such obvious error or mistake however it arises or results including, for example, errors or mistakes due to human error or technical fault.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
10. What is not excluded or limited: None of the exclusions or limitations in these terms shall exclude or restrict Played’s liability for death or personal injury caused by its negligence or for any fraudulent misrepresentation or for any other liability that Played cannot exclude or limit under Applicable Law.
11. Implied Terms: The express terms of these Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which but for these Terms would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
12. Representations and Warranties in relation to the App: Played provides the App to you on an ‘as is’ basis. Played does not represent or warrant that access to the App will be uninterrupted, reliable or fault free. Played does not represent or warrant to you that the App will be accurate, complete or reliable. While Played shall endeavour to ensure the App is made available to you 24 hours a day, Played will not be liable to you if for any reason the App is unavailable at any time or for any period. Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Played’S control. Played may also need to modify or maintain the App at any time. If this need arises, Played may suspend access to the App or any part of it or close it indefinitely. We both acknowledge that Apple has no obligation whatsoever to provide you with any support or maintenance services in relation to the App.
13. Exclusions of liability: subject to paragraph 10 and the limitation of liability in paragraph 14, Played WILL BE LIABLE TO YOU FOR ANY DIRECT LOSS YOU SUFFER AS A RESULT OF Played BREACHING ITS OBLIGATIONS UNDER THESE TERMS IF SUCH LOSSES WERE REASONABLY FORESEEABLE TO BOTH PARTIES WHEN YOU COMMENCED USING THE APP. OTHERWISE, TO THE EXTENT PERMITTED BY LAW, Played EXCLUDES:
a. liability (whether arising in contract, tort or otherwise and whether or not due to its negligence) which Played may otherwise have to you as a result of: (i) any technical, factual, textual or typographical inaccuracies, errors or omissions (human or computer-generated) on or relating to the APP or any information provided in relation to the App; (ii) the unavailability of ANY APP (or any part of it); OR (iii) any misrepresentation on or relating to the APP;
b. any other liability for DIRECT OR indirect or consequential loss or damage incurred by you or anyone else in connection with the APP or in connection with the use, inability to use, or results of the use of the APP, any websites linked to it and any use of the APP or Content on THEM, including any liability for: (i) loss of CONTENT OR data; (ii) loss or damage caused by viruses, bugs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to you use of the APP or the downloading or uploading of any Content via the App; (iii) loss of goodwill; (Iv) any loss incurred a as a result of any legal claim or regulatory action arising from the activities of any USER USING the App infringing third party intellectual property or breaching applicable law; (v) any statements or conduct of any USER of the App; (vi) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
c. Liability for any loss that you may incur as a result of someone else using your identity, log-in details, password or account, with or without your knowledge, including if a device used to activate your account is stolen; AND
d. In the event of any loss or damage to Content (including Data), your sole remedy shall be for Played to use ITS reasonable endeavours to restore the lost or damaged DATA OR Content from the latest back-up maintained by Played.
14. LIMITATION OF LIABILITY: NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, Played’s maximum liability to you in respect of your use of the App shall be THE NOMINAL AMOUNT OF £50.
15. REASONABLENESS OF EXCLUSIONS AND LIMITATIONS: You agree that each of these exclusions and limitations is reasonable having regard to the nature of the App. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of our contract with you.
THIRD PARTIES AND ADVERTISING
16. Third Party Advertising: Played may generate revenue from your using of the App by advertising goods and/or services of third parties by serving ads that you might see and respond to when using the App.
17. Third Party Links: Certain links, including hypertext links, from the App and from any social networking platform you are using may take you outside the App and any social networking platform from which the App is accessed. This does not imply endorsement by Played of the linked site, its operator or its content. You acknowledge that Played does not control the content on such websites and does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies.
18. Termination or Suspension of your Account: Played may in its absolute discretion:
a. with immediate effect and for any reason, at any time, terminate or suspend your use of the App. For example, Played may exercise this right if it believes your use of the App constitutes a criminal or civil offence;
b. verify your information by requesting certain documents and refuse your requests to use the App if we believe there is reason to do so;
c. take any steps (for example, technical or legal steps) to terminate or suspend your use of the App if we believe you have failed to comply with any of the provisions of these Terms; and
d. if we decide to terminate, suspend or refuse to accept your Account, we may share or publish your name and email address and notify third parties (including Apple).
19. Dealings in Rights and Obligations: Played may assign its rights and/or transfer its obligations under this contract with you to any third party including the ability to sub-license and/or sub-contract its rights and obligations under this contract with you to any third party. You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this Agreement and may enforce its terms and conditions against you.
20. Notices: All notices which are required to be given under these Terms shall be in writing and shall be sent to the postal address or email address of the party as follows: (a) to Played, as set out in paragraph 1 above, and (b) to you, as provided in your Account; or, with respect to either of us, such other address as the recipient may designate by notice given in writing. Any such notice may be delivered personally or by first class pre-paid letter (or by air-mail if overseas) or by fax or email, and shall be deemed to have been served, if by hand, when delivered; if by first class post, 48 hours after posting; (if by air-mail, 5 days from the date of posting), if by email or fax, when successfully despatched in full.
21. Severability: If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.
22. Entire Agreement: These Terms shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply) other than Special Terms described in paragraph 7. You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms.
23. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with English law. Any disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.
24. Complaints and Disputes: Please contact us immediately using our contact details at paragraph 25 below if you: (a) have any questions, complaints, claims or concerns about content which appears in our App or in relation to Played generally; or (b) believe that any act or omission by Played or one of our users is in breach of applicable law.
Played will then consider your concerns and decide whether to take action and whether or not any other user has in Played’s opinion, breached any of these Terms. Played will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that Apple has no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property of the App.
25. Our contact details: Please contact us by email at email@example.com