Everyplay is a network for game players that combines video sharing with social networking.You can access our service via Everyplay's mobile application ("App"), Everyplay's website located at https://www.everyplay.com ("Site") and the games within which Everyplay is embedded (collectively, the "Service").
THESE TERMS OF SERVICE (THE "TERMS") APPLY TO YOUR USE OF THE SERVICE.
PLEASE READ THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.
BY USING THE SERVICE OR ANY PORTION OF THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:(I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OR CONDITIONS OF THE TERMS, YOU MAY NOT USE ANY PORTION OF THE SERVICE.
Everyplay reserves the right to change or modify any of the terms and conditions contained in the Terms, or any policy or guideline of the Service, at any time and in its sole discretion by providing notice that the Terms have been modified. Such notice may be provided by sending an email, by posting a notice via the Service, by posting the revised Terms on the Site and revising the date at the top of the Terms or by such other form of notice as determined by Everyplay. Your continued use of the Service following the posting of the revised Terms or other notice will constitute your acceptance of such changes or modifications. Otherwise, any changes or modification will be effective within 30 days of the posting of the revisions via the Service unless you notify Everyplay within such 30 days that you do not agree to the changes and stop using the Service. Therefore, you should review the Terms whenever you access the Service and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Service.
Also, by using the Service, you agree that Everyplay may collect and use technical data and information in connection with your use of the Service including, but not limited to, contact information and technical information about your device, system and App software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and software updates, product support and other services.
Whether you use the Service via our App, our Site or embedded within the online and mobile games ("games") provided by others (each a "Game Publisher"), Everyplay grants you a nonexclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the Service.However, certain features are only available if you are a registered user (see "Registration" section below).
If you use the Service via our App, you may only use the Service on a mobile device that you own or control, and the Terms will also govern any upgrades provided by Everyplay that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You are also granted a nonexclusive, non-transferable, non-sublicensable, limited and revocable license to electronically copy, (except where prohibited without a license) and print to hard copy portions of all content and other materials made available via the Site, including, but not limited to, our logo and all designs, text, graphics, pictures and the selection and arrangement thereof (collectively, the "Site Materials") solely for non-commercial purposes.
The rights with respect to the Service are separate from the rights with respect to the games.Please check with the applicable Game Publishers for the information with respect to the rights to use the games.
Subject to the grants above, Everyplay and its licensors own all right, title and interest in and to the Service (including, but not limited to the Site Materials) and any and all intellectual property rights embodied therein.
Unless expressly set forth in the Terms, you agree not to do, or authorize or permit any third-party to do, any of the following:(i) distribute or make the Service available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Service; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Service, any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Service; (v) use, frame or utilize framing techniques to enclose any Everyplay trademark, logo or other proprietary information, including the images found in the Service, the content of any text or the layout/design of any page or form contained on a page on the Site without Everyplay's express written consent; (vi) use any data mining, robots or similar data gathering or extraction methods with respect to the Service or any portion thereof; (vii) download (other than the page caching) any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted; or (viii) use the Service other than for its intended purpose.
Unless explicitly stated herein, nothing in the Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
The Service is intended solely for users who are 13 years of age or older.Any registration or use of the Service by anyone under the age of 13 is unauthorized, unlicensed and in violation of the Terms.By using the Service, you represent and warrant that you are 13 years of age or older.Further, if you are over 13 years of age, but under the age of consent where you live, you must get the consent of one of your parents/guardians prior to using the Service.
You do not have to register to use the Service.However, in order to access certain features of the Service, you must register.When you register with Everyplay, you can do so directly or via certain external social networking sites.Also, when you register, you agree to:(i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on the Service (the "Registration Data"); (ii) maintain the security of your password and identification; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Everyplay.You represent and warrant that all of your Registration Data is accurate, current and complete.
Everyplay allows for the creation of content via the Service (e.g., audio & video recordings), the sharing of content (e.g., the posting and re-posting of content) on the Service and on other social networking, gaming and media applications and websites and the interaction with fellow users and others.
This section of the Terms explains:(i) how content can be created; (ii) Everyplay's rules regarding content and your conduct; (iii) how content can be shared; (iv) the rules that apply to content when it is shared with third-parties (including, Game Publishers); and (v) your content rights.Please read this section carefully.
Your content refers to the content you upload, transmit, distribute, store, create or otherwise publish through the Service including the Game Recordings and Player Recordings (as each are defined below).
When you play games (within which the Service is embedded), your game play and interactions with the game (e.g., by touching and moving the device) are automatically recorded, in both audio and video, as you play the game ("Game Recording").These Game Recordings enable you to enjoy an "instant replay" of your game play, and by using the Service, you consent to the creation of the Game Recordings.
When you play games (within which the Service is embedded) and you do so via a mobile device, you may be able to use the Service to record video and audio of you, through the mobile device's front facing camera and microphone, while you are playing the game ("Player Recording").These Player Recordings enable you to enjoy a "personal instant replay" of your game play.Also, Player Recordings can be modified by you (e.g., you may modify or re-record the video commentary at a later time).While you usually have to opt-in to enable Player Recordings, Player Recordings may occur automatically, and by using the Service, you consent to the creation of the Player Recordings.
You may share your content to the Service (including, but not limited to the Site and the App) and via the Service to other social networking, gaming and media applications and websites, including Facebook, Twitter and YouTube (each a, "Connected Site"). If any elements or assets of games are included in your content, you must comply with the terms in section “Ownership, Rights & Monetization” below. When you share your content to the Service or via the Service to a Connected Site:(i) your content becomes public and others may re-post it; (ii) you must abide by Everyplay's content and conduct rules (see below) and (iii) you and your content may become subject to third-party application and website policies and rules (including, Game Publishers' rules and policies) if your content is posted on a Connected Site.
In addition to sharing your own recordings, Everyplay allows you to view videos shared by others, comment on them (such as indicating whether you "like" them) and re-share them with others.You may also use the Service to interact with other users, follow them and have other users follow you.If you have connected your user account to a Connected Site, your actions such as "liking" can be posted to Connected Sites manually by you or automatically if you have opted-in for automatic sharing.
Right now, the Service does not possess a direct downloading feature.So, while you cannot download a video, you can share it via the Service or Connected Sites.
The content you upload, transmit, distribute, store, create or otherwise publish through the Service must comply with the user content and conduct rules below.Enforcement of these rules is solely at Everyplay's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances.In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
You agree not to upload, transmit, distribute, store, create or otherwise publish through the Service any of the following:
You further agree that you are solely responsible for your conduct with respect to the Service, and you agree that you will not do any of the following in connection with the Service:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service or Software ("User Submissions") provided by you to Applifier are non-confidential and Applifier shall be entitled to the unrestricted use and dissemination of these User Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
As far as Everyplay is concerned, you own your content excluding any elements or assets of the games that might be included in your content. That means that, as between you and Everyplay, all content (including, videos, text, software, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features and other content) you upload, transmit, distribute, store, create or otherwise publish through the Service is yours excluding any elements or assets of the games.
You acknowledge and agree that you have the following limited non-exclusive usage rights with respect to the elements of games within which Everyplay is embedded (including, but not limited to, the characters, scenes, artwork and other elements of the games) provided by Game Publishers. You may share content such as videos and audio and still images (to the Service or via the Service to Connected Sites) that contain elements of a game solely for non-commercial purposes solely within the content created by you via the Service. If the Service enables you to remix, edit and otherwise adapt the elements of games, also this right is limited to the non-commercial purposes set out herein. You also acknowledge that these rights may be revoked with immediate effect by the applicable Game Publisher at its sole discretion, including without limitation the right to revoke with immediate effect the rights to use any trade names, trademarks, service marks, icons, symbols and logos that are elements of the games. If you would like to share videos that feature or contain elements of a game for any purpose other than non-commercial purposes, you must contract the applicable Game Publisher. The games and the assets and elements of the games are subject to Game Publisher’s proprietary rights.
By using the Service you grant Everyplay (and its affiliates and sublicensees) a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable:(i) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, monetize, commercialize and display your content (and derivative works thereof) and otherwise fully exploit throughout the world in any manner or media, on or off the Service; and (ii) right to use your name, likeness and persona in connection with your content (but, not an obligation to do so). Further, when and if permitted by law, you irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your content.Remember, your content includes video, audio and other content that you create, or provide via the Service or that is automatically created when you play a game (including, but not limited to, the Game Recordings and Player Recordings).
Everyplay may use your content in a variety of ways.For instance, Everyplay may:(i) use your content to improve the Service or to assist Game Publishers to enhance their games (like providing Game Publishers with analytics with respect to your and other users' game playing), (ii) share your content via the Service or Connected Sites or other media for marketing purposes, or (iii) allow third-parties to promote your and other users' content to others within the Service and on other social networking, gaming and media applications, advertising networks and websites e.g. as paid advertising, or (iv) allow other users of Everyplay to remix your content or allow Game Publishers to use your content in their promotional materials. Also, we permit others to embed video replays of content uploaded, transmitted, distributed, stored, created or otherwise published through the Service on the Site.
The Service is provided to you free of charge. Everyplay is able to provide the Service to its users for no charge because the Service is supported by advertising. You acknowledge and agree that any advertising or other revenue derived from content that you share on the Service or via the Service to Connected Sites and/or other sites does not belong to you. It belongs to Everyplay.
By using a game that has embedded the Service, your use of the game and related activities (e.g., sharing content) are subject to the applicable Game Publisher's terms and conditions. Likewise, by interacting with a Connected Site (whether sharing content with a Connected Site or otherwise), your interactions with the Connected Site are subject to the applicable Connected Site's terms and conditions. Since your content and the way you use it may be subject to the terms and conditions of Game Publishers and Connected Sites, please review the policies and terms of such Games Publishers and Connected Sites. Here are some examples:
When you share your content via the Service with Connected Sites (i.e., other social networking, gaming and media applications and websites including Facebook, Twitter and YouTube), you acknowledge and agree that your content and your conduct will also be governed by the rules and policies of third-parties.Also, Connected Sites may have rules that permit them to use your content (for advertising and other purposes), share your content with others and other rights.
When you play a game (within which the Service is embedded), you:(i) grant the applicable Game Publisher the right to post or share content, data and information to the Service with respect to your use of its game; and (ii) agree and acknowledge that you are subject to the policies and rules of the applicable Game Publisher.
Game Publishers, at their sole discretion, may (but do not have an obligation to) remove, screen or edit certain content or other information uploaded, transmitted, distributed, stored, created or otherwise published through the Service embedded in their games.For instance, if a Game Publisher believes that a user is sharing content detailing ways to cheat in a game, the Game Publisher may remove such content.
Game Publishers may use an API to access content you have uploaded, transmitted, distributed, stored, created or otherwise published through the Service and/or your social connections on the Service and use such content and information in its games. For example,a Game Publisher may show content from Everyplay in its game's main menu.
If you ask us to delete a Game Recording or Player Recording, we will make every effort to ensure that it is not made available to other users or the public.. Unfortunately, since we do not control the games, the Connected Sites and other third-party applications/websites, we are unable to remove videos from such applications, websites and networks.Please consult the applicable Game Publishers and/or owners/operators of the Connected Sites and other third-party applications/websites.
Everyplay takes no responsibility and assumes no liability for any user conduct or for any content uploaded, transmitted, distributed, stored, created or otherwise published through the Service, nor is Everyplay liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Service.Your use of the Service is at your own risk.
Although Everyplay does not control and has no obligation to screen, edit or monitor any of the content uploaded, transmitted, distributed, stored, created or otherwise published through the Service, Everyplay reserves the right, and has absolute discretion, to remove, screen or edit any content at any time and for any reason without notice.Any use of the Service in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Service.
Everyplay does not endorse or control, and makes no representations or warranties of any kind regarding, any games or the acts, omissions or otherwise of Game Publisher or Connected Sites including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof.You should be aware that when you interact with a game, Connected Site or other site, Everyplay's terms and policies, including the Terms, may no longer govern.You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any Connected Sites and Game Publishers when you navigate away from the Service or do any actions (including, but not limited to, playing a game or uploading, transmitting, distributing or otherwise publishing content through the Service when embedded within a game or to Connected Sites).
Everyplay may run advertisements and promotions from third-parties on the Service or may otherwise provide information about or links to third-party products or services on or via the Service.Third-parties may choose to promote your content on Everyplay and affiliated services, such as advertising networks.You have the right to can disable such promotion for each shared piece of content.Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party.Everyplay is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Everyplay advertisers or third-party information on the Service.
The marks "Everyplay" and "Applifier" and the Everyplay logos or slogan made available via the Service are registered trademarks or trademarks of Everyplay and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Everyplay or the applicable trademark holder.You may not use any metatags or any other "hidden text" utilizing "Everyplay" or any other name, trademark or product or service name of Everyplay without our prior written permission.In addition, the look and feel of the Site and the Service (including all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of Everyplay and may not be copied, imitated or used, in whole or in part, without our prior written permission.All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners.Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.EVERYPLAY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE, THE SITE MATERIALS, USER CONTENT, GAMES, CONNECTED SITES AND THIRD-PARTY PRODUCTS AND SERVICES, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL:(I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EVERYPLAY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE.EVERYPLAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY EVERYPLAY OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. FOR PURPOSES OF THESE DISCLAIMERS, THE GAME PUBLISHERS ARE THIRD PARTY BENEFICIARIES TO THE DISCLAIMERS SPECIFIED HEREIN AND THEY MAY ENFORCE THESE TERMS AGAINST YOU.
You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to:(i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any content you upload, transmit, distribute, store, create or otherwise publish through the Service.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL EVERYPLAY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE, THE SITE MATERIALS, USER CONTENT, GAMES, CONNECTED SITES AND THIRD-PARTY PRODUCTS AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF EVERYPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.IN NO EVENT WILL EVERYPLAY'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEE FOR THE SERVICE, IF ANY (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE). FOR PURPOSES OF THESE LIMITATIONS OF LIABILITY THE GAME PUBLISHERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THESE TERMS AGAINST YOU.
You are solely responsible for your involvement with other users, Connected Sites and Game Publishers.If you have a dispute with one or more other users, Connected Sites or Game Publishers, you release Everyplay (and its subsidiaries, affiliates, directors, officers, employees, contractors, joint ventures and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Everyplay reserves the right, without notice, to:(i) suspend, discontinue, terminate or disable access to the Service at any time; and/or (ii) remove or delete the content that is made (by you or otherwise) available via the Service.In no event will Everyplay be liable for the suspension, discontinuance, termination or disabling of access to any portion or feature of the Service or the removal or deletion of any content made available via the Service.
Notwithstanding any terms to the contrary in the Terms, upon any termination of your right to use the Service or if Everyplay discontinues the Service for any reason:(i) the license granted to you in the Terms will immediately terminate; and (ii) you must immediately cease all use of the Service and destroy or erase all copies of the Service in your possession or control.
You may update, correct or delete information about you at any time by logging into your online account, emailing us at firstname.lastname@example.org.If you wish to deactivate your account, please email us at email@example.com, but note that we may retain certain information as required by law or for legitimate business purposes.We may also retain cached or archived copies of information about you for a certain period of time and/or certain behavioral data, statistics or other collected data. If you simply want to delete some content, please refer to "Deleting Content Requests" section above.
Everyplay takes intellectual property rights seriously.In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Everyplay has adopted a policy of terminating, in appropriate circumstances and at Everyplay's sole discretion, subscribers or account holders who are deemed to be repeat infringers. For further information about filing a copyright complaint, including our Designated Agent information, please see the Applifier Copyright Policy.
The validity of the Terms and the rights, obligations, and relations of the parties under the Terms will be construed and determined under and in accordance with the laws of the State of California, without regard to conflicts of law principles.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH EVERYPLAY AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EVERYPLAY
In the event of any controversy or claim arising out of or relating in any way to the Terms or the Service, you and Everyplay agree to consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first attempting mediation, except that you and Everyplay are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Everyplay will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding upon the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of the Service for use on the iPhone, iPod Touch or iPad:
Acknowledgement. You and Everyplay acknowledge that the terms are solely between you and Everyplay and not with Apple, Inc. ("Apple"), and Everyplay, not Apple, is solely responsible for the Service and the content contained within the Service.You further acknowledge that the usage rules for the Service are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the Service.In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
Scope of License.The license granted to you is limited to a non-transferable license to use the Service on any iPhone, iPod or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support. Everyplay is solely responsible for providing maintenance and support services with respect to the Service.You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Service.In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Service by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Everyplay.However, you understand and agree that in accordance with the Terms, Everyplay has disclaimed all warranties of any kind with respect to the Service, and therefore, there are no warranties applicable to the Service, except those implied by law.
Product Claims. You and Everyplay acknowledge and agree that as between Apple and Everyplay, Everyplay, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the Service or your possession and/or use of the Service, including, but not limited to:(i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and Everyplay acknowledge and agree that, in the event of any third-party claim that the Service or your possession and use of the Service infringes that third-party's intellectual property rights, Everyplay, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.
Legal Compliance. You represent and warrant that:(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any end-user questions, complaints or claims with respect to the Service should be directed to:
Address: 548 Market Street #46236, San Francisco, CA 94104, United States
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.
Last Revised: October 28rd, 2014
Everyplay (or “We”) want the Everyplay Community to be a friendly and fun place for gamers and fans. We created these EveryPlay Community Rules (“Rules”) to help achieve our vision.
As a reminder, use of Everyplay’s site or service is governed by the Everyplay Terms of Service. In addition, these Rules, as updated from time to time, apply to user activity on Everyplay, including the posting of videos, comments or other material.
We reserve the right to take meaningful action when We, in our sole discretion, identify users or activity that violate(s) the letter or spirit of these Rules. Users who violate these Rules may receive a warning, lose privileges or be banned from the site altogether. Content that violates these Rules may be edited or removed.
Please familiarize yourself with these Rules and have fun.
The Don’ts :
The following activities and content are not permitted:
Please note that all FaceCam videos are being pre-moderated so a video including material mentioned above will be deleted.