Terms & Conditions (UK)
Terms and Conditions of Website Use
These terms and conditions (the “Terms”) govern your access to and use of our websites available at http://www.myplay.com/, e-commerce stores and mobile applications on which these Terms appear (the “Website”).
To protect your interests, you must read and understand these Terms before using the Website. By accessing and using the Website, you signify your agreement to be bound by these Terms. If you are uncertain as to your rights under these Terms or you require further information about any aspect of them or your agreement with us, please contact us or, alternatively, please seek independent legal advice.
- “Account” means an account set up by a User which records data such as your email address, personal information etc. and through which you are able post Content. Depending on the Website, a User may or may not be required to register an Account. An Account can never be transferred to a third party
- “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Website together with any and all correspondence between Users and/or us.
- “Login Details” means your user name and password.
- “We, us or our” means MyPlay Direct Inc., an entity incorporated in the State of Delaware, United States, registered under Federal Tax ID number 270608034, UK VAT number 998714645 and whose office is at 400 Lafayette Street, 2nd Floor, New York, NY 10003, USA.
- “Website” has the meaning given at the start of these Terms.
- “You” or the “User” means any individual who accesses and uses the Website. Users may be required to register to use part of the Website by setting up an Account which will permit them to upload, download, edit and/or exchange Content.
2. Conditions of Website Use
These Terms explain how you may use the Website and how you are permitted to post Content on the Website. You should read these Terms carefully before using the Website. When using the Website, you agree to be bound by these Terms, our Terms and Conditions of Sale and the documents referred to in them. If you do not agree with or accept any of these Terms, you should not access or use the Website.
If you are under eighteen years of age you may only use the Website with the permission and assistance of a parent or legal guardian.
This Website is intended for use only by those who can access it from within the United Kingdom. We may accept orders for delivery to locations outside of the UK although this may depend on certain customs, legal and other practical restrictions. If you choose to access the Website from locations outside the United Kingdom or place orders for delivery to locations outside the United Kingdom, you are responsible for compliance with local laws where they are applicable
If you register an Account on the Website, you are responsible for maintaining the confidentiality of your Login Details and agree to notify us in the event of any breach of this confidentiality. If you register an Account, you will be required to provide us with certain personal information which you warrant is complete, accurate and up to date and that you will notify us in the event any of this information changes.
You are solely responsible for any Content you may post on the Website and you agree to indemnify us and our parent company, subsidiaries, affiliates and/or agents and our and their respective officers, directors, employees and representatives in respect of any claim based on such Content.
We reserve the right to terminate your Account (if registered) and remove or edit Content if we consider you are in breach of applicable laws, these Terms or any other applicable terms and conditions.
3. Obligations and Restrictions on Use
All Users agree to comply with these Terms as well as laws and regulations in force. In particular each User has an obligation to:
- only use the Website in accordance with its intended purpose as set out in these Terms;
- act in good faith in all dealings with us, with other Users and third parties; and
- ensure all information provided is complete, accurate and up to date and notify us in the event such information changes.
The following restrictions shall apply to and govern your use of the Website including all interactions with other Users and all Content which you may post. As a condition of your use of the Website, you agree:
- not to use the Website for any purpose that is unlawful under any applicable law or otherwise prohibited by these Terms;
- not to use the Website to commit any act of fraud;
- not to use the Website to distribute viruses or malware or other similar harmful software code;
- not to use the Website for purposes of promoting unsolicited advertising or sending spam;
- not to use the Website to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
- not to use the Website in any manner that disrupts the operation of our Website or business or the website or business of any other entity;
- not to use the Website in any manner that harms minors;
- not to promote any unlawful activity;
- not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
- not to use the Website to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
- not to attempt to circumvent password or user authentication methods or acquire other Users’ Login Details.
4. Website Content
4.1 All Content
By using the Website and posting Content, you agree to grant us a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide licence to:
- use, copy, sublicense, adapt, transmit, publicly perform, or display any such Content;
- sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted in respect of such Content; and
- exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
4.2 Reporting Of Disputed Content
It is prohibited for you to post certain Content, in particular that Content which is unrelated to the purpose of the Website, contrary to any applicable laws or is in breach of these Terms.
We do not review Content posted on the Website nor do we accept any liability or warrant the validity, accuracy or completeness of any Content posted by any User.
You are entitled to contact us by email to email@example.com to request that we remove any Content which you consider to be offensive, incorrect or otherwise in breach of these Terms or applicable laws. Please provide full details as to the reasons for your request to remove Content including:
- if an individual, your name address and contact details or, if a legal entity, its registered name, registered number and registered address;
- a description of the disputed Content and its location on the Website;
- an explanation as to why you believe the Content should be removed, including any reference to legal provisions and/or factual evidence as required; and
- a copy of any relevant correspondence between yourself and the User who posted the disputed Content.
We will only be legally responsible to you for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into.
We are not legally responsible for indirect losses which arise from your use of the Website as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
As you are browsing this Website as a consumer, we will not be responsible for any business loss which may arise from your use of the Website (including any loss of profits, revenue, contracts, anticipated saving, data, goodwill or wasted expenditure).
We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Nothing in these Terms limits or excludes our liability for fraudulent representations made by us or for death or personal injury caused by our negligence or omissions.
Please be aware that the Website includes links to third parties’ websites and we do not accept any liability nor give any warranty as to their content.
While we try to make sure that the Website is accurate, up-to-date and free from defects and viruses, we cannot promise that it will be. We give no warranty as to the quality, accuracy or reliability of the Website, nor its safety, security or content. We are under no obligation to update the Website, nor do we warrant that any features or defects will be corrected if temporarily or permanently unavailable to a User.
6. Intellectual Property
6.1. Our Intellectual Property
This Website and all intellectual property rights in it, including but not limited to all trademarks, logos, slogans, graphics, photographs, animations, video, data, links, music, software, files and texts on the Website (save for Content provided by a User) is owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free use to them as we and they see fit.
Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust, to circumvent or delete any notices contained on the Website (including any intellectual property notices) and, in particular, in any digital rights or other security technology embedded or contained within the Website.
Any total or partial reproduction of Content or items on the Website by any means is prohibited including but not limited to:
- downloading or extracting by any means either the whole or part of any Content available on the Website onto another medium in whatever form;
- the reproduction or republishing to the public such Content obtained from the Website; and
- he repeated downloading or extracting of such Content where such operations exceed that which is reasonably required to use the Website or its functions.
6.2 User’s Intellectual Property
If you post Content, you are confirming to us that you are the author of any Content and the owner of all copyright, design rights, trademarks and/or any other intellectual property which may arise or feature as part of the Content. Otherwise, if you are not the owner you are reasonable for ensuring that, prior to the publication of any Content, you hold whatever permission and consent is necessary to post such Content.
You hereby agree that in the event any claims or proceedings are brought against us as a result of your breach of this section 6.2 that you will have sole conduct of the matter and will abide by all reasonable requests made by us in respect of such proceedings and give us such assistance as reasonably required in connection with such proceedings.
Further, you agree to indemnify us against any damages or costs which we may incur as a result of your breach of this section 6.2 including without limitation all reasonable legal fees.
7. Personal Data
No changes to these Terms are valid or will have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our new Terms will be displayed on the Website and, by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms constitute the entire agreement between the parties in relation to their subject matter.
If you breach any part of these Terms and we take no action then this shall not constitute a waiver of our rights and we shall still be entitled to exercise our rights and remedies in any other situation where you breach these Terms.
If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable then the legality, validity and enforceability of any other provisions of these Terms shall not be affected.
These Terms as well as the contractual relationship between you and us shall be governed by the law of England and Wales and the parties agree that the courts of England and Wales shall have exclusive jurisdiction over any disputes.