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Last updated Nov 1st, 2006
PlayOnArcade Terms of Service
Welcome to PlayOnArcade.
PlayOnArcade, PlayOn (“PlayOn” or “PlayOn Service”) provides payment services for game portals
that are powered by PlayOn (“Powered by PlayOn”) and includes the PlayOn website,
myPlayOn, affiliated sites and sites
operated by Double Trump’s partners. Double Trump International, Inc. (“Double Trump”)
and its affiliates operate these sites and the PlayOn Service. Your use of PlayOn
and your member account (“Account”) is subject at all times to our Terms of Service
and our Privacy Policy. The end user license agreement that you will enter into
upon your installation of any game through a game Powered by PlayOn will include
license provisions related to PlayOn software. Your use of such software will be
governed by such license terms.
Double Trump may update or revise the Terms of Service at any time. If we revise
the Terms of Service, such revision shall be effective thirty (30) days after posting
the new Terms of Service on the PlayOn website. You agree to review the Terms of
Service periodically to become aware of such revisions. You can view the Terms of
Service at any time by clicking on the Terms of Service link at the bottom of the
PlayOn website home page. Your continued use of the Service thirty (30) days after
a revised Terms of Service is posted on PlayOn will mean that you accept all such
revisions. If you don't agree to the changes, or to any of the terms in this Terms
of Service, your remedy is not to use PlayOn and to cancel any Account or services
you have signed up for.
If you violate our Terms of Service, we may issue you a warning about the violation,
or we may choose to immediately terminate any and all Accounts that you have established.
You acknowledge that PlayOn is not required to provide you notice before terminating
your Account, but it may choose to do so.
If you have questions about the Terms of Service, please contact us by sending an
email to Support@MyPlayOn.com.
Online Account Registration
When you complete a PlayOn registration process, you create a PlayOn Account and
become a PlayOn Member (“Member”). Your Account allows you to play games that are
Powered by PlayOn. However, depending on the site which you have used to download
the game and register for PlayOn, there may be certain limitations at other sites
that will not allow you to use the same PlayOn account to play their games. In such
cases, you may need to open an additional PlayOn Account to access games on other
sites that are Powered by PlayOn. To create an Account, you must select a login
name and password. You may not provide false information during the registration
process. You understand that you may only use your Account to play games from
the computer from which you originally register. However, you may access your Account
information using your login name and password from any computer. If you change
your computer you will need to contact Double Trump at
Support@MyPlayOn.com in order to activate PlayOn on your new computer.
It is not a requirement to always be online while playing games Powered by PlayOn.
To ensure undisturbed service you will occasionally be required to play while connected
to the Internet. If you do not, Double Trump reserves the right to block your access
to play games until you do play while connected to the Internet.
You are solely responsible for all activity on your Account and for the security
of your computer system. You may not reveal your password to other users. Double
Trump will not ask you to reveal your password nor will it ever initiate any contact
with you asking for your password. You agree to indemnify and hold Double Trump
harmless for any improper or illegal use of your Account. This includes illegal
or improper use by someone to whom you have given permission to use your Account.
Your Account is at risk if you let someone use it inappropriately and your Account
is subject to termination if you or anyone using your Account violates our Terms
of Service. If your Account is terminated by Double Trump, you may not join PlayOn
again without our express permission.
Charges, Billing, Refunds, And Free Trials
You must have a PlayOn Account and pay the applicable fees, when chargeable, to
play games Powered by PlayOn following any free play period.
When you select the pay as you go option, your credit card will be charged an advance
amount of $10, or other amount which will be clearly communicated to you before
the charge is made, which will be used for paying your per minute usage. When this
amount has been used up, upon your approval, this credit amount will be refreshed
by an additional charge to your credit card. During the initial first five (5) net
hours of play time after setting up a PlayOn Account, you may request a full refund.
During the first sixty (60) days of your PlayOn membership you may request a refund
of any unused balance. Additionally, if there is no activity on your Account for
a period of one hundred and eighty (180) days, Double Trump reserves the right to
charge your account $0.75 a month for account maintenance for any additional month
of inactivity.
When you select a rental option (e.g., 24 hours, 48 hours, etc.), if offered, your
credit card is charged in advance for the amount of the rental that you chose. Double
Trump will honor any return or refund policy established by the applicable game
portal. If no policy is in place, or if the game was downloaded from a site owned
by Double Trump, then you may request a full refund within 24 hours of placing the
order by contacting Support@MyPlayOn.com,
and Double Trump will determine, in its discretion, whether to honor such request,
provided that under the rental option there is no refund available for unused time.
Please note that choosing the rental option does not require you to register to
PlayOn and does not open an Account for you, nor does it require you to be online
after completing the rental purchase.
When you select the purchase option, your credit card will be charged the applicable
amount, and Double Trump will honor any return or refund policy established by the
applicable game portal. If no policy is in place, or if the game was downloaded
from a site owned by Double Trump, then you may request a full refund within 48
hours of placing the order by contacting Support@MyPlayOn.com,
and Double Trump will determine, in its discretion, whether to honor such request.
Double Trump reserves the right to change its fees or billing methods at any time
and Double Trump will provide notice of any such change at least thirty (30) days
in advance. All changes will be posted on the PlayOn website and you are responsible
for reviewing the billing section of the PlayOn website to obtain timely notice
of such changes. Your continued use of the Service for thirty (30) days after posting
of the changes on the PlayOn website means that you accept such changes. If any
change is unacceptable to you, you may cancel your Account at any time, in accordance
with the cancellation and refund policy stated above. If your use of our Services
is subject to use or sales tax, then Double Trump may also charge you for any such
taxes. For further information please refer to the Account and Billing Support pages
at My Account.
Payment
When payment is due as provided in these Terms of Service, you authorize Double
Trump, upon your approval, to bill the charge card you provide or withdraw funds
via electronic transfer from your checking account (depending on what type of charge
card you are using), or any other method of payment offered and chosen by you, until
you cancel the PlayOn Services. When you provide credit card information to Double
Trump, you represent to Double Trump that you are the authorized user of the credit
card that is used to pay the fees. You agree to promptly notify Double Trump of
any changes to your credit card account number, its expiration date and/or your
billing address, and you agree to promptly notify Double Trump if your credit card
expires or is canceled for any reason. For further information please refer to the
Account and Billing pages at My Account.
As the Account holder, you are responsible for all charges incurred, including applicable
taxes, for all purchases made by you or anyone that uses your Account, including
your family or friends. This means that, unless your Account or credit card information
is obtained unlawfully or fraudulently by someone other than those authorized by
you to use your Account, you will be responsible for all usage and purchases on
your Account. You are responsible and liable for any fees, including attorney and
collection fees, that Double Trump may incur in its efforts to collect any remaining
balances from you. You agree to notify Double Trump about any billing problems or
discrepancies within 90 days after they first appear on your Account statement.
If you do not bring them to Double Trump's attention within 90 days, you agree that
you waive your right to dispute such problems or discrepancies.
Termination Of Account
Double Trump and you both have the right to terminate or cancel your Account at
any time. You understand and agree that the cancellation of your Account is your
sole right and remedy with respect to any dispute with Double Trump. This includes,
but is not limited to, any dispute related to, or arising out of: (1) any term of
this Terms of Service or Double Trump’s enforcement or application of this agreement;
(2) the content available through PlayOn or any change in content provided through
PlayOn; (3) your ability to access and/or use PlayOn; or (4) the amount or type
of fees, surcharges, applicable taxes, billing methods, or any change to the fees,
applicable taxes, surcharges or billing methods.
You can cancel your Account by delivering notice to PlayOn's Customer Service Department
at Support@MyPlayOn.com. Double Trump
reserves the right to collect fees, surcharges or costs incurred before you cancel
your Account. Active PlayOn Account holders may not allow former Account holders
whose Account has been terminated by PlayOn to use their Accounts. Any delinquent
or unpaid Accounts or Accounts with unresolved issues with PlayOn must be settled
before PlayOn may allow you to register again.
YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR
ACCOUNT OR LOGIN, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING
TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES.
Service Use Restrictions
You agree that you shall only use the PlayOn Services in a manner that complies
with all applicable laws in the jurisdictions in which you use the services, including,
but not limited to, applicable restrictions concerning copyright and other intellectual
property rights. Except as specifically authorized herein, you may not: (i) permit
other individuals to use the PlayOn Services; (ii) modify, translate, distribute,
reverse engineer or create derivative works of the PlayOn Services; (iii) rent,
lease, transfer, or otherwise transfer rights to the PlayOn Services; and (iv) remove
any proprietary notices or labels on the PlayOn Service. You may only use the PlayOn
Services for your private, non-commercial use. You may not use the PlayOn Services
in any way to provide, or as part of, any commercial service or application. You
may not attempt to, in conjunction with, any device, software program or service,
circumvent technological measures employed to control access to, or the rights in,
a content file. The PlayOn Service embodies a copy management system required by
the laws of the United States, and you may not circumvent or attempt to circumvent
this system by any means.
Personal Information And Privacy
Personal information you provide to Double Trump is governed by the Double Trump
Privacy Policy at: Privacy Policy.
Your election to use the PlayOn Service indicates your acceptance of the terms
of the Double Trump Privacy Policy, so please review it carefully if you have any
questions about Double Trump’s treatment of personal information you provide to
us. When you connect to PlayOn, we may retrieve information from the computer used
to log onto the Service about the computer's hardware system and any data related
to the computer's operation of PlayOn Software. We will not collect any personal
information about you, however, without your knowledge and consent as stated in
our Privacy Policy.
Links to Third-Party Sites
PlayOn may include hyperlinks to web sites operated by parties other than Double
Trump including advertisers and other content providers. Those sites may collect
data or solicit personal information from you. Double Trump does not control such
web sites, and is not responsible for their content, privacy policies, or for the
collection, use or disclosure of any information those sites may collect.
LIMITATIONS ON WARRANTY AND LIABILITY
THE PLAYON SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR
USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES
ARE LEGALLY INCAPABLE OF EXCLUSION. DOUBLE TRUMP PROVIDES THE PLAYON SERVICE ON
A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO
ACCESS OR USE THE PLAYON SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT
DOUBLE TRUMP WILL HAVE ADEQUATE CAPACITY FOR THE PLAYON SERVICE AS A WHOLE OR IN
ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH
DOUBLE TRUMP OR ITS LICENSORS IS TO STOP USING THE PLAYON SERVICE, AND TO CANCEL
YOUR ACCOUNT. IN NO CASE SHALL DOUBLE TRUMP OR ITS SUBSIDIARIES, LICENSORS, AFFILIATES',
EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "DOUBLE TRUMP AFFILIATES") LIABILITY
TO YOU EXCEED THE AMOUNT THAT YOU PAID TO DOUBLE TRUMP FOR THE PLAYON SERVICE. IN
NO CASE SHALL DOUBLE TRUMP OR DOUBLE TRUMP ONLINE AFFILIATES BE LIABLE FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLAYON SERVICE, THE INTERNET
OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH PLAYON.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
DOUBLE TRUMP’S AND DOUBLE TRUMP AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL
EXTENT PERMITTED BY LAW. DOUBLE TRUMP DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY
THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE PLAYON SERVICE AND WILL NOT BE
A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Indemnification
Upon request by Double Trump, you agree to defend, indemnify and hold harmless Double
Trump and its affiliates, subsidiaries, employees, contractors, officers, directors,
vendors, and content providers from all liabilities, claims and expenses, including
attorneys' fees, that arise from a breach of these Terms of Service for which you
are responsible. Double Trump reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification
by you. In that event, you shall have no further obligation to provide indemnification
to Double Trump in that matter. This Section shall survive termination of this agreement.
Other Legal Terms
You agree that these Terms of Service are not intended to confer and do not confer
any rights or remedies upon any person other than the parties to this agreement.
You also understand and agree that the Terms of Service and the Double Trump Privacy
Policy, including Double Trump’s enforcement of those policies, are not intended
to confer, and do not confer, any rights or remedies upon any person. If any part
of this agreement is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in full
force and effect.
The laws of the State of New York, excluding its conflicts-of-law rules, govern
this agreement and your Membership. As noted above, Member conduct may be subject
to other local, state, national, and international laws. You expressly agree that
exclusive jurisdiction for any claim or dispute with Double Trump or relating in
any way to your Membership or your use of PlayOn resides in the courts of New York
and you further agree and expressly consent to the exercise of personal jurisdiction
in the courts of New York in connection with any such dispute including any claim
involving Double Trump or its affiliates, subsidiaries, employees, contractors,
officers, directors, vendors and content providers.
These Terms of Service represent the entire agreement between us regarding the subject
matter hereof. Any provisions of these Terms of Service that need to survive your
Membership with PlayOn shall be deemed to survive so long as necessary to fulfill
such purposes.
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