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CoinUp Terms of Service
- 1.1 This document applies to your use of Play Mechanix’ CoinUp™ products, software, services and web sites, including www.bigbuckhunter.com, www.bigbucksafari.com and www.coinup.com (referred to collectively as the “Services” in this document) and is a legal agreement between you and Play Mechanix. “Play Mechanix” means Play Mechanix, Inc., an Illinois corporation with offices at 800 Roosevelt Rd. Suite D-103, Glen Ellyn, IL 60137.
- 1.2 Unless otherwise agreed in writing with Play Mechanix, your agreement with Play Mechanix will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms.”
- 1.3 Your agreement with Play Mechanix will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
- 1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Play Mechanix in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
- 1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
- Accepting the Terms
- 2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
- 2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Play Mechanix in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Play Mechanix will treat your use of the Services as acceptance of the Terms from that point onwards.
- 2.3 You may not use the Services and may not accept the Terms if (a) you are under thirteen years old, (b) you are not of legal age to form a binding contract with Play Mechanix, or (c) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
- 2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
- Provision of the Services by Play Mechanix
- 3.1 Play Mechanix is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Play Mechanix provides may change from time to time without prior notice to you.
- 3.2 As part of this continuing innovation, you acknowledge and agree that Play Mechanix may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Play Mechanix’ sole discretion, without prior notice to you.
- 3.3 You acknowledge and agree that if Play Mechanix disables access to your account, you may be prevented from accessing the Services, your account details, play statistics, contest standings or any files or other content which is contained in your account.
- Use of the Services by You
- 4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Play Mechanix will always be accurate, correct and up to date.
- 4.2 You agree to abide by all contest rules and regulations that appear on the Services or on any video game machines connected to the Services. You further agree that any and all discrepancies or grievances with contest results shall be settled at the sole judgment and discretion of Play Mechanix.
- 4.3 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- 4.4 You agree not to access (or attempt to access) any of the Services by any means other than through the interface(s) provided by Play Mechanix.
- 4.5 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- 4.6 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- 4.7 You agree that you are solely responsible for (and that Play Mechanix has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Play Mechanix may suffer) of any such breach.
- Contest Winnings
- 5.1 If you become eligible for prize payouts for contests sponsored by Play Mechanix or CoinUp, such payouts, if they exceed $600 in aggregate in a single year, will be reported to the IRS. You agree that you are responsible for the payment of all applicable taxes that may become due.
- Passwords and Account Security
- 6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
- 6.2 Accordingly, you agree that you are responsible to Play Mechanix for all activities that occur under your account.
- 6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Play Mechanix immediately.
- Content in the Services
- 7.1 You understand that all information (such as data files, written text, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
- 7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Play Mechanix (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Play Mechanix or by the owners of that Content, in a separate written agreement.
- 7.3 Play Mechanix reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
- 7.4 You agree that you are solely responsible for (and that Play Mechanix has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Play Mechanix may suffer) by doing so.
- 7.5 You agree that you will not willfully or knowingly upload graphic content to the CoinUp™ servers that violates the copyright or trademark of another individual or corporation.
- Proprietary Rights
- 8.1 You acknowledge and agree that Play Mechanix (or Play Mechanix’ licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Play Mechanix and that you shall not disclose such information without Play Mechanix’ prior written consent.
- 8.2 Unless you have agreed otherwise in writing with Play Mechanix, nothing in the Terms gives you a right to use any of Play Mechanix’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
- 8.3 Other than the limited license set forth in Section 10, Play Mechanix acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Play Mechanix, you agree that you are responsible for protecting and enforcing those rights and that Play Mechanix has no obligation to do so on your behalf. Play Mechanix further acknowledges that servers may contain information which is designated confidential by you and that Play Mechanix shall not disclose such information without your prior written consent.
- 8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
- 8.5 Unless you have been expressly authorized to do so in writing by Play Mechanix, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- License from Play Mechanix
- 9.1 Play Mechanix gives you a, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Play Mechanix as part of the Services as provided to you by Play Mechanix (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Play Mechanix, in the manner permitted by the Terms.
- 9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Play Mechanix, in writing.
- 9.3 Unless Play Mechanix has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- Content License from You
- 10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Play Mechanix a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Play Mechanix to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
- 10.2 You agree that this license includes a right for Play Mechanix to make such Content available to other companies, organizations or individuals with whom Play Mechanix has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
- 10.3 You understand that Play Mechanix, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Play Mechanix to take these actions.
- 10.4 You confirm and warrant to Play Mechanix that you have all the rights, power and authority necessary to grant the above license.
- Ending this Agreement with Play Mechanix
- 11.1 The Terms will continue to apply until terminated by either you or Play Mechanix as set out below.
- 11.2 If you want to terminate your legal agreement with Play Mechanix, you may do so by (a) notifying Play Mechanix at any time and (b) closing your accounts for all of the Services which you use, where Play Mechanix has made this option available to you. Your notice should be sent, in writing, to Play Mechanix’ address which is set out at the beginning of these Terms.
- 11.3 Play Mechanix may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Play Mechanix is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the provision of the Services to you by Play Mechanix is, in Play Mechanix’ opinion, no longer commercially viable.
- 11.4 Nothing in this Section shall affect Play Mechanix’ rights regarding provision of Services under Section 3 of the Terms.
- 11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Play Mechanix have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 15.1 shall continue to apply to such rights, obligations and liabilities indefinitely.
- Exclusion of Warranties
- 12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT PLAY MECHANIX’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- 12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
- 12.3 IN PARTICULAR, PLAY MECHANIX, ITS PARENT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECT
- 12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- 12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAY MECHANIX OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- 12.6 PLAY MECHANIX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability
- 13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLAY MECHANIX, ITS PARENT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- (II) ANY CHANGES WHICH PLAY MECHANIX MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- (III) YOUR FAILURE TO PROVIDE PLAY MECHANIX WITH ACCURATE ACCOUNT INFORMATION;
- (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- 13.2 THE LIMITATIONS ON PLAY MECHANIX’ LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT PLAY MECHANIX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- Copyright and Trademark Policy
- 14.1 It is Play Mechanix’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of infringers.
- 15.1 This Agreement shall be governed and interpreted in accordance with the substantive laws of the State of Illinois. The parties agree that any litigation for injunctive relief shall be resolved in the state or federal courts within Cook County, Illinois.
- 15.2 Should any provision of this Agreement be held void, invalid or inoperative, by a Court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and shall continue in full force and effect.
- 15.3 This Agreement states the entire Agreement between parties with respect to the subject hereof and supersedes all prior oral and written negotiations, understandings and agreements between the parties hereto concerning the subject matter hereof. No amendment or modification of this Agreement shall be made except by an instrument in writing signed by both parties.
- 15.4 No waiver of any of the provisions of this Agreement or any breach thereof or failure of any condition therein shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be implied from any conduct or course of conduct of any party. No waiver shall be binding unless executed in writing the by the party making the waiver.
- 15.5 Subject to the restrictions on transfer herein, this Agreement shall inure to the benefit of and be binding upon Play Mechanix and Operator and their respective heirs, executors, trustees, beneficiaries, legal representatives, successors and assigns.
- 15.6 Except for Play Mechanix parent corporation, no other person, corporation, partnership, or other entity, shareholder, director, officer, employee, independent contractor, vendor, customer or any other third party shall be deemed to be a third party beneficiary of any provisions herein. September 24, 2007