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Andrew Reutter ("Reutter", "we", or "us")
maintains a website located at www.iplay4e.com
(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.
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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
legal@iplay4e.com.
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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.
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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.
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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.
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.
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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.
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.
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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.
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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
legal@iplay4e.com
to remove your email address from the mailing list.
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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
www.iplay4e.com/privacy
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You agree NOT to do any of the following while using the Site:
- Violate any applicable law, regulation, or the Terms;
- Access, tamper with, or use non-public or non-authorized areas of the Site;
- Tamper with postings of other users;
- 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";
- Impersonate or misrepresent
your affiliation with any person or entity or create a false identity
for purposes of misleading others;
- Post false or misleading information;
- 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;
- Violate any other policies stated on the Site;
- 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;
- Market any goods or services for any business or commercial purpose (including advertising);
or
- Fail to respond to an email regarding a violation, dispute or complaint.
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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,
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.
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.
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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.
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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
legal@iplay4e.com.
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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.
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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.
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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.
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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.
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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.
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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:
Attn: Designated Copyright Agent
c/o Andrew Reutter
4411 Spicewood Springs Rd. #105
Austin, TX 78759
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.
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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.
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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.
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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).