General Terms of Servive
GAME-PLAY.TV maintains the interactive portion(s) of the Web
site as a service free of charge. By using any interactive services provided
herein, you are agreeing to comply with and be bound by the terms, conditions
and notices relating to its use.
Game-Play.tv has been setup for gamers that are OVER 18 ONLY, any users found to be younger than the required age in order to access the site will be deleted without warning. THIS IS YOUR ONLY WARNING!
1. As a condition of your use of this Web site and the interactive services contained therein, you represent and warrant to GAME-PLAY.TV that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
1.1 By using Game-Play.tv you agree not post any comments that contain racism, spamming, hateful remarks or personal attacks, any such comments will be deleted immediately, and the posters may be suspended or banned, likewise, Harassment and racism will result in a ban, and an permanent IP-Ban if the behaviour continues
1.2 This site is an English speaking site, we will try to install language translators as they become available to us But in the meantime Google Translate may help.
2. This Web site contains one or more of the following
interactive services: bulletin boards, chat areas, news groups, forums,
communities and/or other message or communication facilities. You agree to use
such services only to send and receive messages and material that are proper
and related to the particular service, area, group, forum, community or other
message or communication facility. In addition to any other terms or conditions
of use of any bulletin board services, chat areas, news groups, forums,
communities and/or other message or communication facilities, you agree that
when using one, you will not:1.Publish, post, upload, distribute or disseminate
any inappropriate, profane, derogatory, defamatory, infringing, improper,
obscene, indecent or unlawful topic, name, material or information.
2.1. Upload files
that contain software or other material protected by intellectual property laws
or by rights of privacy of publicity unless you own or control such rights or
have received all necessary consents.
2.2. Upload files
that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
2.3. Advertise any
goods or services for any commercial purpose without explicit permission from GAME-PLAY.TV
2.4. Offer to sell
any goods or services for any commercial purpose without explicit permission
from GAME-PLAY.TV
2.5. Conduct or
forward chain letters or pyramid schemes.
2.7. Download for
distribution in any manner any file posted by another user of a forum that you
know, or reasonably should know, cannot be legally distributed in such manner.
2.8. Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
2.9. Falsify or
delete any author attributions, legal or other proper notices, proprietary
designations, labels of the origin, source of software or other material
contained in a file that is uploaded.
2.10. Restrict or
inhibit any other user from using and enjoying any of the bulletin board
services, chat areas, news groups, forums, communities and/or other message or
communication facilities.
3. GAME-PLAY.TV has
no obligation to monitor the bulletin board services, chat areas, news groups,
forums, communities and/or other message or communication facilities. However, GAME-PLAY.TV
reserves the right at all times to disclose any information deemed by GAME-PLAY.TV
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part.
4. You acknowledge that communications to or with bulletin
board services, chat areas, news groups, forums, communities and/or other
message or communication facilities are not private communications, therefore
others may read your communications without your knowledge. You should always
use caution when providing any personal information about yourself or your
children. GAME-PLAY.TV does not control or endorse the content, messages or
information found in any bulletin board services, chat areas, news groups,
forums, communities and/or other message or communication facilities and,
specifically disclaims any liability with regard to same and any actions
resulting from your participation. To the extent that there are moderators,
forum managers or hosts, none are authorized GAME-PLAY.TV spokespersons, and
their views do not necessarily reflect those of GAME-PLAY.TV.
5. Children and Mature Content
The Services are not directed to children under the age of
13. GAME-PLAY.TV will not knowingly collect personally identifiable information
on or through the Services from anyone under 13. Please be aware that certain
areas on the Services contain mature content and there may be posted specific
age restrictions to access and view such areas. You may be exposed to Content
on the Services that you find offensive, indecent or objectionable. By using
the Services you assume all risk associated with its use. We encourage parents
to supervise their children's use of the Services and maintain open
communication regarding appropriate materials for use and viewing by their
children. Note to Parents. If you have any concerns about the Services, please
contact us via our online form available HERE
6. The information, products, and services included on this
Web site may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. GAME-PLAY.TV may make
improvements and/or changes in this Web site at any time. Advice received via
this Web site should not be relied upon for personal, legal or financial
decisions and you should consult an appropriate professional for specific
advice tailored to your situation.
7. GAME-PLAY.TV MAKES NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH
INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND.
8. GAME-PLAY.TV HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON
THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. IN NO EVENT SHALL GAME-PLAY.TV BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED1.WITH THE USE OR PERFORMANCE OF
THIS WEB SITE,
9.1. WITH THE DELAY
OR INABILITY TO USE THIS WEB SITE,
9.2. WITH THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
9.3. FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GAME-PLAY.TV
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
10. DUE TO THE FACT
THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
11. GAME-PLAY.TV reserves the right in its sole discretion
to deny any user access to this Web site, any interactive service herein, or
any portion of this Web site without notice, and the right to change the terms,
conditions, and notices under which this Web site is offered.
12. This agreement is governed by the laws of the PANGBOURNE
BERKSHIRE RG8 7LR UNITED KINGDOM. You hereby consent to the exclusive
jurisdiction and venue of courts in PANGBOURNE BERKSHIRE RG8 7LR UNITED KINGDOM
in all disputes arising out of or relating to the use of this Web site. Use of
this Web site is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and GAME-PLAY.TV as a result of this agreement
or use of this Web site. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
13. This agreement constitutes the entire agreement between
the user and GAME-PLAY.TV with respect to this Web site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written with respect to this Web site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. Fictitious names of
companies, products, people, characters and/or data mentioned herein are not
intended to represent any real individual, company, product or event. Any
rights not expressly granted herein are reserved.
14. Game-Play.tv is a service offered by P.THOMPSON.
15. All logos and trademarks in this site are property of
their respective owner. All game content remains the owner of the copyright
holder. All comments are property of the account holder, all the rest © 2011 by
GAME-PLAY.TV
16. You are responsible for reviewing GAME-PLAY.TV Terms of
Service Policy. GAME-PLAY.TV reserves the right to modify Terms of Service
Policy at any time. Your continued use of the GAME-PLAY.TV constitutes your
consent to such changes
Video Media Terms of Service
1.
Your relationship with Game-Play.tv
1.1 Your use of
the Game-Play.tv website (the "Website") and any Game-Play.tv
products, channels, software, data feeds and services, including the Game-Play.tv
embeddable video player (the "Game-Play.tv Player") provided to you
on or from or through the Website by Game-Play.tv (collectively the
"Service") is subject to the terms of a legal agreement between you
and Game-Play.tv. "Game-Play.tv" means Game-Play.tv, whose principal
place of business is:>-----<.
1.2 Your legal
agreement with Game-Play.tv is made up of (A) the terms and conditions set out
in this document, (B) Game-Play.tv's Privacy Policy (http://game-play.tv/page/3/terms-of-serivce
) and (C) Game-Play.tv's Community Guidelines (Hereafter called the
"Terms").
1.3 The Terms
form a legally binding agreement between you and Game-Play.tv in relation to
your use of the Service. It is important that you take the time to read them
carefully.
1.4 The Terms
apply to all users of the Service, including users who are also contributors of
Content, on the Service. "Content" includes the text, software,
scripts, graphics, photos, sounds, music, videos, audiovisual combinations,
interactive features and other materials you may view on, access through or
contribute to the Service.
2.
Accepting the Terms
2.1 In order to
use the Service, you must firstly agree to the Terms. You may not use the
Service if you do not accept the Terms.
2.2 You can
accept the Terms by simply using the Service. You understand and agree that Game-Play.tv
will treat your use of the Service as acceptance of the Terms from that point
onwards.
2.3 You may not
use the Service and may not accept the Terms if (a) you are not of legal age to
form a binding contract with Game-Play.tv, or (b) you are a person who is
either barred or otherwise legally prohibited from receiving or using the
Service under the laws of the country in which you are resident or from which
you access or use the Service.
2.4 You should
print off or save a local copy of the Terms for your records.
3.
Changes to the Terms
Game-Play.tv
reserves the right to make changes the Terms from time to time, for example to
address changes to the law or regulatory changes or changes to functionality
offered through the Service. Therefore you must look at the Terms regularly to
check for such changes. The modified version of the Terms (the "Modified
Terms") will be posted at http://game-play.tv/page/3/terms-of-serivce or made available within the Service (for any
modified additional terms). If you do not agree to the Modified Terms you must
stop using the Service. Your continued use of the Service after the date the
Modified Terms are posted will constitute your acceptance of the Modified
Terms.
4.
Game-Play.tv accounts
4.1 In order to
access some features of the Website or other elements of the Service, you will
have to create a Game-Play.tv account. When creating your account, you must
provide accurate and complete information. It is important that you must keep
your Game-Play.tv account password secure and confidential.
4.2 You must
notify Game-Play.tv immediately of any breach of security or unauthorised use
of your Game-Play.tv account that you become aware of.
4.3 You agree
that you will be solely responsible (to Game-Play.tv, and to others) for all
activity that occurs under your Game-Play.tv account.
5.
General restrictions on use
5.1 Game-Play.tv
hereby grants you permission to access and use the Service, subject to the
following express conditions, and you agree that your failure to adhere to any
of these conditions shall constitute a breach of these Terms on your part:
A.
you agree not to
distribute any part of or parts of the Website or the Service, including but
not limited to any Content, in any medium without Game-Play.tv's prior written
authorisation, unless Game-Play.tv makes available the means for such distribution
through functionality offered by the Service (such as the Game-Play.tv Player);
B.
you agree not to
alter or modify any part of the Website or any of the Service (including but
not limited to the Game-Play.tv Player and its related technologies);
C.
you agree not to
access Content through any technology or means other than the video playback
pages of the Website itself, the Game-Play.tv Player, or such other means as Game-Play.tv
may explicitly designate for this purpose;
D.
you agree not to
(or attempt to) circumvent, disable or otherwise interfere with any security
related features of the Service or features that (i) prevent or restrict use or
copying of Content or (ii) enforce limitations on use of the Service or the
content accessible via the Service;
E.
you agree not to
use the Service (including the Game-Play.tv Player) for any of the following
commercial uses unless you obtain Game-Play.tv's prior written approval:
i.
the sale of
access to the Service
ii.
the sale of
advertising, sponsorships or promotions placed on or within the Service, or
Content;
iii.
the sale of
advertising, sponsorships or promotions on any page of an ad-enabled blog or
website containing Content delivered via the Service unless other material not
obtained from Game-Play.tv appears on the same page and is of sufficient value to
be the basis for such sales
F.
prohibited
commercial uses shall not include (i) uploading an original video to Game-Play.tv,
(ii) maintaining an original channel on the Website in order to promote a
business or artistic enterprise, (iii) showing Game-Play.tv videos through the Game-Play.tv
Player or otherwise on an ad-enabled blog or website, subject to those
advertising restrictions set out in 5.1(E)(iii) above; and (iv) any use that is
expressly authorised by Game-Play.tv in writing;
G.
if you use the Game-Play.tv
Player on your website may not modify, build upon or block any portion or
functionality of the Game-Play.tv Player including but not limited to links
back to the Website;
H.
you agree not to
use or launch any automated system (including, without limitation, any robot,
spider or offline reader) that accesses the Service in a manner that sends more
request messages to the Game-Play.tv servers in a given period of time than a
human can reasonably produce in the same period by using a publicly available,
standard (i.e. not modified) web browser;
I.
you agree not to
collect or harvest any personal data of any user of the Website or any Service
(and agree that this shall be deemed to include Game-Play.tv account names);
J.
you agree not to
use the Website or the Services (including the comments and email features in
the Website) for the solicitation of business in the course of trade or in
connection with a commercial enterprise;
K.
you agree not to
solicit, for commercial purposes, any users of the Website with respect to
their Content; and
L.
you agree not to
access Content or any reason other than your personal, non-commercial use
solely as intended through and permitted by the normal functionality of the
Service, and solely for Streaming. "Streaming" means a
contemporaneous digital transmission of the material by Game-Play.tv via the
Internet to a user operated Internet enabled device in such a manner that the
data is intended for real-time viewing and not intended to be downloaded
(either permanently or temporarily), copied, stored, or redistributed by the
user.
M.
You shall not
copy, reproduce, distribute, transmit, broadcast, display, sell, licence , or
otherwise exploit any Content for any other purposes without the prior written
consent of Game-Play.tv or the respective licensors of the Content.
5.2 You agree
that you will comply with all of the other provisions of the Terms and the Game-Play.tv
Community Guidelines at all times during your use of the Service.
5.3 Game-Play.tv
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives of such
materials. Game-Play.tv reserves the right to revoke these exceptions either
generally or in specific cases.
5.4 Game-Play.tv
is constantly innovating in order to provide the best possible experience for
its users. You acknowledge and agree that the form and nature of the Service
which Game-Play.tv provides may change from time to time without prior notice
to you.
5.5 As part of
this continuing innovation, you acknowledge and agree that Game-Play.tv may
stop (permanently or temporarily) providing the Service (or any features within
the Service) to you or to users generally at Game-Play.tv's sole discretion,
without prior notice to you. You may stop using the Service at any time. You do
not need to specifically inform Game-Play.tv when you stop using the Service.
5.6 You agree
that you are solely responsible for (and that Game-Play.tv has no
responsibility to you or to any third party for) any breach of your obligations
under the Terms and for the consequences (including any loss or damage which Game-Play.tv
may suffer) of any such breach.
6.
Copyright policy
6.1 Game-Play.tv
operates a clear copyright policy in relation to any Content that is alleged to
infringe the copyright of a third party. Details of that policy can be found
here: http://game-play.tv/page/19/copyright-guidlines
6.2 As part of Game-Play.tv's
copyright policy, Game-Play.tv will terminate user access to the /Service if a
user has been determined to be a repeat infringer. A repeat infringer is a user
who has been notified of infringing activity more than twice.
7.
Content
7.1 The Only
Content that you may submit to Game-Play.tv is gaming related, any non-gaming
related content will be deleted and your account may be suspended or revoked.
7.1.1 As a Game-Play.tv
account holder you may submit Gaming Related Content only. You understand that
whether or not Content is published, Game-Play.tv does not guarantee any
confidentiality with respect to Content.
7.2 You retain
all of your ownership rights in your Content, but you are required to grant
limited licence rights to Game-Play.tv
and other users of the Service. These are described in paragraph 8 of these
Terms (Rights you licence ).
7.3 You
understand and agree that you are solely responsible for your own Content and
the consequences of posting or publishing it. Game-Play.tv does not endorse any
Content or any opinion, recommendation, or advice expressed therein, and Game-Play.tv
expressly disclaims any and all liability in connection with Content.
7.4 You
represent and warrant that you have (and will continue to have during your use
of the Service) all necessary licence s, rights, consents, and permissions
which are required to enable Game-Play.tv to use your Content for the purposes
of the provision of the Service by Game-Play.tv, and otherwise to use your
Content in the manner contemplated by the Service and these Terms.
7.5 You agree
that your conduct on the site will comply with (and you agree that the content
of all of your Content shall comply with) the Game-Play.tv Community
Guidelines, found at http://Game-Play.tv.com/, as updated from time to time.
7.6 You agree
that you will not post or upload any Content which contains material which it
is unlawful for you to possess in the country in which you are resident, or
which it would be unlawful for Game-Play.tv to use or possess in connection
with the provision of the Service.
7.7 You agree
that Content you submit to the Service will not contain any third party
copyright material, or material that is subject to other third party
proprietary rights (including rights of privacy or rights of publicity), unless
you have a formal licence or permission from the rightful owner, or are
otherwise legally entitled, to post the material in question and to grant Game-Play.tv
the licence referred to in paragraph 8.1 below.
7.8 On becoming
aware of any potential violation of these Terms, Game-Play.tv reserves the
right (but shall have no obligation) to decide whether Content complies with
the content requirements set out in these Terms and may remove such Content
and/or terminate a User's access for uploading Content which is in violation of
these Terms at any time, without prior notice and at its sole discretion.