<?xml version="1.0" encoding="ISO-8859-1"?><?xml-stylesheet type="text/xsl" href="/145740951583/xsl/plainFull.xsl"?><sections title="Terms of Use" flatten="flatten">
    <section title="Introduction">
        <item>
            <content>
                Andrew Reutter ("Reutter", "we", or "us")
                maintains a website located at <a href="http://www.iplay4e.com" target="_blank">www.iplay4e.com</a> 
                (the "Site") and allows use of and access to the Site subject to 
                the terms and conditions below (the "Terms").  The terms "you" and "your", as used in these Terms,
                refer to all individuals and/or entities accessing this Site for any reason.  These Terms affect 
                your rights and you should read them carefully.
            </content>
        </item>
    </section>
    <section title="1. Acceptance of the Terms">
        <item>
            <content>
                By accessing or using the Site, you acknowledge 
                and represent that you have read, understood, agree to be bound by, 
                and accept these Terms.  IF YOU DO NOT AGREE TO THESE TERMS, YOU 
                MUST NOT USE THE SITE.  Although you may "bookmark" a particular
                portion of this Site and thereby bypass these Terms, your use of this 
                Site still binds you to these Terms.  If you have any question 
                about your obligations under these Terms, please email us at 
                <a href="mailto:legal@iplay4e.com" target="_blank">legal@iplay4e.com</a>.
            </content>
        </item>
    </section>
    <section title="2. Changes and Updates to These Terms">
        <item>
            <content>
                We may change these Terms without prior notice.  
                All changes to these Terms are effective immediately upon publication 
                to the Site.  We will notify you by email or post a notice on the 
                Site's homepage for 30 days whenever we make a material change to 
                these Terms. However, it is your responsibility to check these Terms 
                periodically for changes.  By continuing to use the Site after 
                the posting of any changes, you agree to be bound by the Terms as modified. 
                Your access and use of the Site is subject to the most current version 
                of these Terms.
            </content>
        </item>
    </section>
    <section title="3. Right to Enter the Site">
        <item>
            <content>
                As long as you comply with these Terms, Reutter grants you a personal, 
                non-exclusive, non-transferable, limited permission to enter and use 
                the Site.  Any unauthorized use of the Site terminates the permission 
                granted to enter and use the Site.  No person under the age of 13 may 
                use the site, and no person under the age of 18 may use the Site without 
                the consent of their parent or legal guardian.  We strongly encourage 
                all parents and guardians to monitor the Internet use of their children.
            </content>
        </item>
    </section>
    <section title="4. Ownership and Use of Materials">
        <item>
            <content>
                All information, data, text, 
                communications, graphics, user interfaces, visual interfaces, photographs, 
                trademarks, logos, sounds, music, artwork and computer code contained 
                on the Site (collectively, "Materials") are owned, controlled or
                licensed by or to Reutter, and are protected by trade dress, copyright, 
                patent and trademark laws, and various other intellectual property rights.  
                You may download, print and view Materials from the Site under these 
                Terms as long as you use the Materials only for non-commercial, personal 
                use and as long as you do not modify or alter the Materials.  You 
                may not copy, republish, distribute, prepare derivative works, modify, 
                or otherwise use the Materials other than as expressly permitted by 
                these Terms.  Reutter reserves the right to revoke at any time 
                the authorization to view, download and print the Materials available 
                via this Site, and you must discontinue such use immediately upon notice 
                from Reutter.<br /><br />
                The rights specified above 
                to view, download and print the Materials available on this Site are 
                not applicable to the design, layout or look and feel of this Site. 
                Such elements of the Site are protected by law, including trade dress, 
                trademark, and other laws, and may not be copied or imitated. No trademark, 
                service mark, graphic, sound or image from the Site may be copied or 
                retransmitted unless expressly permitted by Reutter in writing.
            </content>
        </item>
    </section>
    <section title="5. Access Limits">
        <item>
            <content>
                Without Reutter's express written consent, you may not (a) use any automated 
                means to access the Site or collect any information from the Site (including, 
                without limitation, robots, spiders, scripts, or other automatic devices 
                or programs), or (b) frame the Site, utilize framing techniques to enclose 
                any service mark, logo, or other proprietary information, place pop-up 
                windows over its pages, or otherwise affect the display of its pages. 
                This means, among other activities, that you agree not to engage in 
                the practices of "screen scraping, database scraping, or
                any other activity with the purpose of obtaining Materials, lists of 
                users, or other information.<br/><br/>
                You may not use any meta tags or any other hidden text utilizing the Sites name or
                any trademarks or service marks found on the Site without Reutter's express written
                permission. When you use the Site and its Materials for an authorized 
                purpose, you must include all proprietary notices without changing or 
                hiding them.  You agree that you will not use the Site in any manner 
                that is inconsistent with, or in violation of, applicable law or that 
                could damage, disable, overburden, or impair the Site or interfere with 
                any other party's use and enjoyment of the Site.
            </content>
        </item>
    </section>
    <section title="6. Registration Information; Security">
        <item>
            <content>
                To obtain access to certain portions of the 
                Site you will be required to have an account with Google.  Google's
                Terms of Use and Privacy Policy apply to any information you provide 
                during the registration process.  Reutter will only receive your 
                email address and the information that upload to the Site.  You 
                are responsible for preserving the confidentiality of your password 
                and for the actions of persons accessing the Site through usernames 
                and passwords selected by you.  You agree to immediately notify 
                Reutter of any unauthorized use of your username or password.
            </content>
        </item>
    </section>
    <section title="7. Electronic Communications">
        <item>
            <content>
                If you register on the Site,
                you hereby authorize Reutter to send electronic mail to you for the 
                purpose of advising you of changes or additions to this Site, or about 
                any of Reutter's products or services.  If you do not want to
                receive these emails from Reutter, you may contact Reutter at 
                <a href="mailto:legal@iplay4e.com" target="_blank">legal@iplay4e.com</a> 
                to remove your email address from the mailing list.
            </content>
        </item>
    </section>
    <section title="8. Privacy Policy">
        <item>
            <content>
                Your privacy is important to us.  Please review our Privacy Policy, 
                the terms of which are incorporated herein by reference.  The Privacy 
                Policy can be found at 
                <a href="http://www.iplay4e.com/privacy" target="_blank">www.iplay4e.com/privacy</a>
            </content>
        </item>
    </section>
    <section title="9. User Obligations">
        <item>
            <content>
                You agree NOT to do any of the following while using the Site:
                <ul>
                  <li>Violate any applicable law, regulation, or the Terms;</li>
                  <li>Access, tamper with, or use non-public or non-authorized areas of the Site;</li>
                  <li>Tamper with postings of other users;</li>
                  <li>Solicit or gather 
                  any user's information available from the Site, such as other users'
                  names and email addresses, or to transmit any unsolicited advertising, 
                  "junk mail", "spam", or "chain letters";</li>
                  <li>Impersonate or misrepresent 
                  your affiliation with any person or entity or create a false identity 
                  for purposes of misleading others;</li>
                  <li>Post false or misleading information;</li>
                  <li>Post or transmit any content that infringes a third party's Intellectual Property Rights 
                  (as that term is defined below) or rights of publicity or privacy or 
                  that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, 
                  abusive, threatening, pornographic, racist, harmful (including viruses, 
                  corrupted files, or any other similar software or programs), disparaging 
                  of the Site or other users, or otherwise objectionable;</li>
                  <li>Violate any other policies stated on the Site;</li>
                  <li>Repeat any action after you receive a warning or request to stop, whether or not that 
                  action is explicitly prohibited in policies. This includes continuing 
                  to use the Site under the same account, a different account, or reregistering 
                  under a new account after your account has been temporarily suspended, 
                  indefinitely suspended, or terminated;</li>
                  <li>Market any goods or services for any business or commercial purpose (including advertising); 
                  or</li>
                  <li>Fail to respond to an email regarding a violation, dispute or complaint.</li>
                </ul>
            </content>
        </item>
    </section>
    <section title="10. Posting Information on the Site; Submissions">
        <item>
            <content>
                 To operate the Site, we need certain rights. When you post information, 
                text, files, links, attachments, or other materials (collectively
                "User Content") to publicly visible areas of the Site (such as chat areas, 
                message boards, profile pages, or "blogs"), you are granting, or 
                representing that the owner of such User Content has granted, a worldwide, 
                royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right 
                under all Intellectual Property Rights to use, reproduce, modify, transmit, 
                distribute, perform, and display such User Content (in whole or in part) 
                and/or to incorporate such User Content in other works in any form, 
                media or technology. Subject only to restrictions in our Privacy Policy,<b> </b>
                all material, information, or ideas that you upload, publish, distribute, 
                post, or disseminate on or through the Site will be treated as non-confidential 
                and non-proprietary, and may be used or disseminated by Reutter or his 
                affiliates for any purpose. You also acknowledge and agree that Reutter 
                is free to use any ideas, concepts, know-how, feedback, or techniques 
                that you provide for any purpose without any compensation to you.<br/><br/>
                You will use good judgment when posting information, comments, or other User Content regarding 
                other users or any other third party. You agree to use extra care when 
                disclosing any personally identifiable information about yourself or 
                others when you post or otherwise submit any User Content on the Site. 
                You may be held legally responsible for damages suffered by other users, 
                Reutter, or other third parties as a result of legally actionable or 
                defamatory comments, other comments or information, or User Content 
                that you post to the Site. We are not legally responsible for any comments, 
                information, or other User Content posted or made available on the Site 
                by any user or third party, even if such information or User Content 
                is defamatory or otherwise legally actionable. Reutter is not responsible 
                for and does not monitor or censor User Content for accuracy or reliability. 
                Reutter, however, may remove or restrict access to information or User 
                Content posted or made available on the Site by its users or any third 
                party if ordered to do so by a court or if Reutter considers such information 
                or User Content to be in violation of these Terms or posted rules or 
                policies.
            </content>
        </item>
    </section>
    <section title="11. Links to External Sites">
        <item>
            <content>
                Reutter may provide links on the Site to other independent 
                websites on the Internet that are owned and operated by third-party 
                vendors or other third parties not under the control of Reutter.  
                These links are not intended as an endorsement by Reutter of the entity 
                or individual operating the website or a warranty of any type regarding 
                the website or the information on the website.  By using this Site, 
                you acknowledge that Reutter is not liable or responsible for any damage 
                or loss caused, or alleged to be caused, by or in connection with use 
                of, or reliance on, any such content, goods or services available on 
                or through any such site or resource.
            </content>
        </item>
    </section>
    <section title="12. Accuracy of Information on the Site">
        <item>
            <content>
                Reutter attempts to provide only accurate information, 
                but some inaccuracies may occasionally be present.  By using the 
                Site you acknowledge that Reutter will not be liable or responsible 
                for any damage or loss caused by, or in connection with, the use of, 
                or reliance on, any information on the Site.  If you find any information 
                on the Site to be inaccurate, please alert Reutter at 
                <a href="mailto:legal@iplay4e.com" target="_blank">legal@iplay4e.com</a>.
            </content>
        </item>
    </section>
    <section title="13. Termination">
        <item>
            <content>
                Reutter may terminate your use of or access to the Site for any reason 
                or no reason at all, including if we believe that you have violated 
                or acted inconsistently with these Terms.  Reutter may also modify 
                or discontinue providing the Site, or any part thereof, with or without 
                notice.  Reutter is not liable to you or any third-party for any 
                termination of your access to the Site, any modification or termination 
                of the Site, or any resulting loss in data.  Any termination of 
                your account or discontinuation of the Site will result in the loss 
                by you of all of your Points, for which you will not be compensated 
                by Reutter.
            </content>
        </item>
    </section>
    <section title="14. Warranty; Disclaimers">
        <item>
            <content>
                THE SITE IS PROVIDED "AS IS" AND
                REUTTER AND HIS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS 
                OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, 
                THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, 
                AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, 
                REUTTER DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE 
                WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY. 
                ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 
                SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE 
                FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT 
                RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, 
                WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITE CREATES 
                ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some states do not 
                allow the disclaimer of implied warranties, so the foregoing disclaimer 
                may not apply to you. This warranty gives you specific legal rights 
                and you may also have other legal rights, which vary from state to state.
            </content>
        </item>
    </section>
    <section title="15. Limitation of Liability">
        <item>
            <content>
                YOU EXPRESSLY UNDERSTAND AND AGREE THAT 
                REUTTER AND HIS AFFILIATES, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS 
                (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, 
                PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES 
                FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES 
                (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), 
                HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL 
                IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF 
                THE SITE OR THESE TERMS IN AN AMOUNT GREATER THAN 
                U.S. $50.00.  Some jurisdictions do not allow the foregoing limitations 
                of liability, so they may not apply to you.
            </content>
        </item>
    </section>
    <section title="16. Intellectual Property">
        <item>
            <content>
                All Materials are the property of Reutter 
                or the parties specifically indicated, and are protected by copyrights, 
                trademarks, patents, trade secrets, and other intellectual property 
                and proprietary rights (collectively, "Intellectual Property Right").
                Except as expressly provided in these Terms, Reutter does not grant 
                any express or implied right to use the Materials.  The collection, 
                arrangement and assembly of any Materials are the exclusive property 
                of Reutter or his licensors, and protected by U.S. and international 
                intellectual property laws, including copyright laws. All software used 
                on this Site is the property of Reutter, or his software suppliers, 
                and protected by U.S. and international intellectual property laws, 
                including copyright laws. All other marks contained on this Site are 
                the property of the parties indicated.
            </content>
        </item>
    </section>
    <section title="17. Indemnity">
        <item>
            <content>
                You agree to indemnify, defend and hold Reutter, and 
                his affiliates, agents, partners, and employees, harmless from any claims, 
                damages, expenses (including reasonable attorney's fees), allegations,
                losses and liabilities arising from or related to (a) any violation 
                by you of these Terms, (b) your use of the Site, (c) User Content that 
                you submit, post to, or transmit through the Site, or (d) your access 
                to or use of linked sites.
            </content>
        </item>
    </section>
    <section title="18. Notice and Procedure for Making Claims of Copyright Infringement">
        <item>
            <content>
                If you have a claim of copyright infringement, you must send proper 
                written notification under the Digital Millennium Copyright Act, Title 
                17, United States Code, Section 512(c)(2) ("DMCA") to the following
                Designated Agent:<br/><br/>
                Attn: Designated Copyright Agent <br />
                c/o Andrew Reutter<br/><br/>
                4411 Spicewood Springs Rd. #105<br/>
                Austin, TX 78759<br/><br/>
                The Designated Agent should 
                be contacted only if you believe that your work has been used or copied 
                in a way that constitutes copyright infringement and such infringement 
                is occurring on the Site.
                Reutter has no obligation to respond 
                to any notification that does not comply with the DMCA.
            </content>
        </item>
    </section>
    <section title="19. Void Where Prohibited">
        <item>
            <content>
                The Site is controlled, operated and administered 
                by Reutter from his offices in Austin, TX, U.S.A.  Although the 
                Site is accessible worldwide, not all features, products or services 
                offered through or on the Site are available to all persons or in all 
                geographic locations, or appropriate or available for use outside the 
                United States. Reutter reserves the right to limit the provision and 
                quantity of any feature, product or service to any person or geographic 
                area. Any offer for any feature, product or service made on the Site 
                is void where prohibited. If you choose to access the Site from outside 
                the United States, you do so on your own initiative and you are responsible 
                for complying with applicable local laws.
            </content>
        </item>
    </section>
    <section title="20. Choice of Law; Dispute Resolution">
        <item>
            <content>
                All matters relating to your access to and use of the Site are governed 
                in all respects by the laws of the State of Texas as such laws are applied 
                to agreements entered into and to be performed entirely within Texas 
                between Texas residents. You agree that any action at law or in equity 
                arising out of or relating to these Terms or arising out of your use 
                of this Site will be resolved, individually, through binding arbitration 
                in Austin, Texas using the then-current rules of the American Arbitration 
                Association, and the resulting decisions may be entered in any court 
                with proper jurisdiction. This means that if you have a grievance with 
                us, you cannot take us to court, and you may not join your action with 
                any other party. You can address such grievances through arbitration 
                only and you are hereby consenting to do it in Austin, Texas, using 
                Texas's laws (without regard to Texas's rules on conflict of laws).
                To the fullest extent allowed by law, any such controversy or claim 
                must be arbitrated on an individual basis, and will not be consolidated 
                in any arbitration with any claim or controversy of any other party. 
                Notwithstanding the foregoing, either party may seek any interim or 
                preliminary relief from a court of competent jurisdiction in Austin, 
                Texas as necessary to protect the party's rights or property pending 
                the completion of arbitration. By using this Site, you consent and submit 
                to the exclusive jurisdiction and venue of the state and federal courts 
                located in Austin, Texas.
            </content>
        </item>
    </section>
    <section title="21. General">
        <item>
            <content>
                If any portion of these Terms is deemed unenforceable, that portion will 
                be enforced to the maximum extent possible so as to affect the intent 
                of the parties as reflected by that provision, and the remaining portions 
                of these Terms will be given full effect.  Reutter's failure to act
                in a particular circumstance, including any failure by Reutter to enforce 
                or exercise any provision of these Terms, does not waive the ability 
                to act with respect to that circumstance or similar circumstances in 
                the future. Reutter will be excused for any failure to perform to the 
                extent that his performance is prevented by any reason outside of his 
                reasonable control. No agency, partnership, joint venture, employment 
                or franchise relationship is intended or created by these Terms.  
                Reutter may assign his rights and obligations under these Terms.  These 
                Terms constitute the entire agreement between Reutter and you with respect 
                to your access to or use of the Site, superseding any prior agreements 
                between you and Reutter with respect to your access to or use of the 
                Site (including any prior versions of these Terms).
            </content>
        </item>
    </section>
</sections>
