Army Commander II is a free 2D empire turn based game of strategy and thoughtrnAs leader of a newly founded country your goal is to ultimately become supreme to all others Using everything from diplom...
Web / Strategy
WarBirds Online has been called the Best Combat Flight Simulation ever by reviewers and publications WarBirds Online is a true combat flight simulator that takes real skill practice and good flying ...
Web / Airplane
This Agreement was last modified on 3.8.2015
THE FOLLOWING DESCRIBES THE TERMS ON WHICH iPlayuPay.com OFFERS YOU ACCESS TO OUR SERVICES.
This user agreement ("User Agreement" or "Agreement") is a contract between you and iPlayuPay.com.
Please read these terms carefully before registering for iPlayuPay.com.
Participation in the site services indicates that you accept these terms and conditions.
If you do not accept to be bound by this agreement, please do not access or use any part of this website.
Please note that we may close, suspend, or limit your access to your iPlayuPay.com account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities that are in contravention of this User Agreement and its associated policies incorporated by reference.
iPlayuPay.com may amend or modify this User Agreement in whole or in part from time to time, without notice, by posting an amended User Agreement on the Site or any linked information. Such an updated version of the User Agreement will be effective at the time we post it.
iPlayuPay.com offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of iPlayuPay.com's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs in their Account and must report any unauthorized use of their Account to us.
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
iPlayuPay.com provides a venue to introduce players who wish to provide professional services ("Core Players") and Game Owners who seek such professional services ("Game Owners")(respectively or jointly as the "Parties" and individually as a "Party").
The Site enables Users to identify each other and work together online to complete, invoice and pay for playing games.
iPlayuPay.com reserves the right to terminate the participation of any User without reason but expressly including any User that iPlayuPay.com judges to be in violation of the User Agreement. Without limiting the foregoing, iPlayuPay.com may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
The only parties to a game are the Core Player and the Game Owner. The Game Owner initiates a game and invites Core Players to play in the game and be paid for completing missions. The Core Player agrees to play in the game using iPlayuPay.com services and complete the missions that the Game Owner requests. The Game Owner agrees to purchase, and the Core Player agrees to deliver the provided Services in accordance with the following agreements: (1) the User Agreement; and (2) the User Services Agreement between the Game Owner and Core Player available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the Core Player and Game Owner uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the project terms as presented and accepted on the Site, to the extent not inconsistent with the User Agreement.
You are forbidden from entering into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.
The responsibilities of the Core Player and Game Owner are set out in the Services Agreement between Core Player and Game Owner.
When you enter into a transaction, you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.
You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law) international laws, statutes, ordinances and regulations relevant to you as a Game Owner or Core Player, or in any other uses you make of the Site.
If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, iPlayuPay.com has no responsibility for enforcing any User rights.
iPlayuPay.com does not offer any form of insurance or other Game Owner or Core Player protection that will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Game Owner and Core Player.
Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
iPlayuPay.com offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Core Players and to Game Owners who manage their games and invite players to play them. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.
Some of the Services offered on the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and iPlayuPay.com and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
The User understands and agrees to the following terms:
Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that iPlayuPay.com is not involved in the actual transaction between the Core Players and Games Owners. As a result, iPlayuPay.com has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Core Players to provide the services or the Games Owners to pay for the services. We do not guarantee that any User will actually complete a transaction or act lawfully in using the Site.
Some of the content provided in the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that iPlayuPay.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by iPlayuPay.com or accidentally or purposefully by a third party, regardless of whether such third parties are with or without a legitimate business purpose.
iPlayuPay.com provides unmonitored access to third party content. iPlayuPay.com only acts as a venue and/or portal, and has no liability based on, or related to, the third party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This Site may contain links to third party web sites. iPlayuPay.com does not control or always review the web sites to which we link from the Site. iPlayuPay.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
iPlayuPay.com does not have the resources to, nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. iPlayuPay.com expects that the User will undertake necessary activities and practices and will use caution and common sense when using iPlayuPay.com for the User's Account.
You agree and acknowledge that unless explicitly requested, iPlayuPay.com may display your company name, logo and public description of your projects and profile as part of the iPlayuPay.com website(s) and / or other iPlayuPay.com marketing material.
All fees are set forth in the summary of iPlayuPay.com fees and charges, which can be found on the Site. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.
iPlayuPay.com earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by iPlayuPay.com that are accessible through the Site and to cover expenses and fees iPlayuPay.com incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, iPlayuPay.com transfers the remaining payment amount to the Game Owners.
iPlayuPay.com charges fees in relation to the posting of a game and as described on the Site.
Game Owners can choose various membership programs to subscribe to different levels of participation on the Site, which will incur additional fees.
The iPlayuPay.com Affiliate Program ("Invite Players") is a program that allows you to receive credit ("Clicks") into your Account for referring new players ("Referred Player") to iPlayuPay.com. To participate in the Affiliate Program, you must comply with all of these requirements, and have an Account that is in good standing.
You may not refer yourself for the Affiliate Program or a player having the same IP address as yourself. The Referred Player must be an individual (or business) with whom you have a pre-existing relationship. You may not obtain names for referrals from group email addresses, third party bulk mailing lists, customer lists, or other similar sources. You may not send unsolicited e-mails ("Spam"). If you send Spam in order to recruit Referred Players, iPlayuPay.com may close your Account, immediately and permanently, without paying out any accrued Clicks.
The amount of Clicks is based on how many referred players came from your affiliate link.
To be eligible for Clicks, the Referred Player must: (1) register for an Account through either the supplied affiliate links or invitations through the "Invite Players" option; (2) become a Player; and (3) not already have an Account at the time of the referral (or previously); (4) play in the games and continue to be active on the Site for at least 2 days.
iPlayuPay.com may discontinue or modify the Affiliate Program at any time by providing you with seven days notice. In the event that the Affiliate Program is discontinued, you will receive the Clicks for all of your Referred Players that have satisfied all of the requirements in this section, prior to the discontinuation date of the Affiliate Program.
Failure to comply with these terms may result in your Account and participation in the Affiliate Program being terminated.
iPlayuPay.com does not operate an escrow service. iPlayuPay.com does have, however, a special, non-compulsory feature, which allows controlled game-related payments to be made to a Core Player. At your request, iPlayuPay.com will accept an advance payment from a Game Owner for a game. We will hold such funds ("Safe Payments") until the Core Player will complete the missions that the Game Owner requests in the game. After the Core Player has completed the missions in the game, then the funds will be released and deposited in his/her Account.
The Game Owner can see that the Core Player has completed the service in a complete and satisfactory manner and can review the Core Player for the service.
In the event that the User has not provided any instructions to iPlayuPay.com with respect to a Payment within 1 year after the day that the Payment was made, and has not logged in during that time period, such Payment will be refunded to the User account of the person who initially paid it.
To become a User and access the Site and Services you must register for an "Account". You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its veracity, accuracy and completeness.
You agree not to receive interest or other earnings on the funds that iPlayuPay.com handles as your contractor. iPlayuPay.com may receive interest on those funds. iPlayuPay.com will not be liable for any lost interest on such funds.
All amounts are stated in and all payments will be made in US funds. iPlayuPay.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If, in a fraudulent payment situation, a withdrawal has already been processed, you will be expected to return the funds to your iPlayuPay.com account or face account termination and any other remedies available to iPlayuPay.com to recover the funds.
Any User that iPlayuPay.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.
iPlayuPay.com requires you to make all payments to iPlayuPay.com and to make payments to and accept payments from other Users in the purchase and sale of Services for iPlayuPay.com games directly through the mechanisms available on the Site. You understand and agree that iPlayuPay.com will not hold funds (including Safe Payments) delivered to iPlayuPay.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of iPlayuPay.com in any account, at any institution, or in any other manner iPlayuPay.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by iPlayuPay.com for general corporate purposes or otherwise, provided that iPlayuPay.com will remain contractually obligated to make payment to you, as a Core Player or Game Owner, for any purchases and sales of Services provided by you through iPlayuPay.com. To the extent iPlayuPay.com is obligated to make payment to you, you will be an unsecured creditor of iPlayuPay.com.
You acknowledge that: (1) iPlayuPay.com is not a bank or other licensed financial institution and does not provide banking services; (2) the amounts shown as a deposit, including Safe Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of iPlayuPay.com to the User with respect to the purchase and sale of Services through iPlayuPay.com; (3) iPlayuPay.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute an escrow. By initiating and sending payments through iPlayuPay.com, you appoint iPlayuPay.com as your agent to obtain the funds and hold and to transfer such funds to the Core Player or Game Owner for Services, subject to these terms and conditions.
User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of US$10 per month until either the Account is terminated or reactivated.
iPlayuPay.com reserves the right to cancel Inactive Accounts with a nil or negative balance.
You acknowledge and agree that any chargebacks (a chargeback occurs when a buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Game Owners through the Site are your responsibility and you will not hold iPlayuPay.com liable for such. You agree that iPlayuPay.com may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, iPlayuPay.com assesses a US $20.00 fee to Users for credit and debit card payment chargebacks.
If there insufficient funds in your User Account to meet outstanding fees and charges, iPlayuPay.com reserves the right to collect any amounts owing to iPlayuPay.com by any other legal means.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by iPlayuPay.com.
* You can deposit funds to your account via PayPal. Our fee is the pending on the amount you with to deposit.
* You can transfer funds from your account to the games Safe Payment option.
* If there are funds deposited in the Safe Payment option and there are Core Players playing the game you have submitted, you cannot withdraw the funds back to your account, and you must continue paying Core Players a fee for playing your game. The only option available to you is to stop the game campaign or wait until the campaign expires, after which you can withdraw the remaining funds to your account.
* If problems with your game/site/server arise, then you can stop the campaign time and block Core Players from playing your game for money.
* Payments to Core Players will be from the Safe Payment you deposited.
* You can stop/start game campaigns as long as the campaign has not expired.
* As a Game Owner, you agree to allow Core Players to play your game for a fee, and you agree to pay them for the service.
* You agree to pay Core Players even when you are displeased with the service and you cannot request that the funds be returned.
* As a Game Owner, you will pay the fees for depositing funds.
* The minimum deposit amount is $10.
* The maximum deposit amount is $1,000.
* As a Game Owner, you will pay the requisite fees for withdrawing funds from your account.
* The minimum withdrawal amount is $100.
* Commission charges to withdrawal your money are paid at our expense! (Only in case of inviting players profit)
* You can withdraw funds from your account via PayPal. Our fee is $5 of the withdrawn amount.
* As a Core Player, you agree that you will not be paid for chargebacks. If a Game Owner files a chargeback, then his game will be removed from our system and all the funds paid to you as a Core Player will be removed from your Core Player account.
(In simple terms, if we are not paid then you are not paid and we cannot share money that was not given to us.)
* You agree that iPlayuPay.com is just a service provider and we are not responsible for the Game Owner's actions.
* iPlayuPay.com is not responsible for problems that arise with the Game Owner's game/site/server.
* As a Core Player, you agree that a Game Owner can discontinue his/her campaigns at any time and you will only be paid for completed missions that the system recognizes as having been completed.
* As a Core Player, you agree that you will not be paid for missions that you did not complete and that include campaigns that Game Owners have discontinued before they expired.
* As a Core Player, you understand that the Game Owner hires you to provide a service and you agree to provide the best possible service for the Game Owner.
* As a Core Player, you agree that the Game Owner can at any time discontinue/suspend/pause/delete the games/campaigns in iPlayuPay.com and iPlayuPay.com is not responsible for any of the Game Owner's actions pertaining to his games/campaigns.
* You can withdraw funds after a 3-month period.
For example, you earned $100 on 1.1.2015.
The option to withdraw $100 will be available on 1.4.2015.
In the event of fraud, the amounts will be automatically and immediately deducted from the Core Player's account. You must have an active PayPal account to receive payment.
* As a Core Player, you will pay the requisite fees for withdrawing funds from your account.
* The minimum withdrawal amount is $100.
* You can store up to $1,000 in your account.
* After withdrawing money from your account you will see how much time left until the money will be transferred to your paypal account and you can see the payments list in the history screen.
You are strictly prohibited from attempting to negotiate the fee for a game with another User directly (outside of iPlayuPay.com) after that game has been created/opened and before that game has been closed (i.e. during an ongoing game). This also applies to any game that was closed without a Service Provider being chosen, and then contacting them about the game. Both parties are responsible for notifying iPlayuPay.com if the payment amount increases (above the bid amount) after the game has been closed.
You are strictly prohibited from under-bidding on games in an attempt to renegotiate the actual price privately, to avoid fees. We aim to provide a fair and open playing field at iPlayuPay.com, and such activities interfere with providing such a marketplace. iPlayuPay.com charges game commissions on all funds received by either direct transfer or Safe Payment through the Site, regardless of the final bid amount.
We believe our commissions are fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.
Users agree not to post their e-mail address on the Site, except in the "e-mail" field of the signup form, or when prompted by iPlayuPay.com at any other time. There should be no need to disclose your e-mail address. It is automatically provided if you choose a Service Provider (or you are the chosen Service Provider chosen) for a game, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, Skype, Whatsup, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
You are prohibited from making direct contact with another User, unless it is for a game you (a Service Provider) have been selected for, or you (a Service Buyer) have selected a Service Provider for. This includes disclosing your e-mail address, ICQ number, phone number, or any other method of contact outside of this Site. iPlayuPay.com provides you with message boards, which should be sufficient for pre-game planning.
The User is solely responsible for content or any other information the User provides to iPlayuPay.com. The User understands and agrees to the following:
* iPlayuPay.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. iPlayuPay.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for iPlayuPay.com, harm its business operation or reputation, or cause iPlayuPay.com to lose the services of its suppliers.
* The User represents and warrants that User content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about Users or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
* No copyrighted material can be posted on the Site. This includes scripts that are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to game the author's intellectual property rights.
Subject to clause 9.3 below, by submitting User content to iPlayuPay.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a game; sending messages through or to iPlayuPay.com). You hereby grant to iPlayuPay.com a worldwide, exclusive, sub licensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of iPlayuPay.com (such as a portfolio of sample works hosted on your own web site) will not be considered "submitting" such content for purposes of this license grant.
By using the Site, you acknowledge that you transfer copyright of your feedback, reputation and reviews you leave (whether a "Game Owner" or "Core Player"), consisting of comments and a multidimensional rating (e.g. Quality, Communication, etc.) together with a composite rating by iPlayuPay.com ("Feedback"). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with iPlayuPay.com policies as posted on the Site from time to time, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Core Player feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to a Core Player.
iPlayuPay.com feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site. You may not use your Core Player feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by iPlayuPay.com or its related companies without our written permission.
Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a game on iPlayuPay.com. An example of a permissible URL would be a User's portfolio or resume page.
The Game Owner agrees that:
* The Game Owner is strictly forbidden from redistributing any of the content of the Site, including but not necessarily limited to private messages, documents, support tickets.
* The Game Owner will not use the Game Owner's Account to post false or misleading game descriptions.
* The Game Owner will not post game descriptions that, in the judgment and discretion of iPlayuPay.com, are inappropriate to iPlayuPay.com's audience, viewers, or visitors in the judgment and discretion of iPlayuPay.com.
* The Game Owner agrees to pay a fee if he decides to use the Featured Game option.
* The Game Owner will not falsify the Game Owner's own or any other identity.
* The Game Owner will not add advertising in the games that published on iplayupay.com platform.
* The Game Owner will comply with all of iPlayuPay.com's policies as posted on the Site from time to time.
The Core Player agrees that:
* The Core Player will not redistribute any of the content of the Site, including but not necessarily limited to private messages, documents, support tickets.
* The Core Player will not falsify the Core Player's own or any other identity.
* The Core Player will comply with all iPlayuPay.com policies as posted on the Site from time to time.
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:
* use this Site or its contents for any commercial purpose;
* access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
* violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
* take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
* deep-link to any portion of this Site for any purpose without our express written permission;
* "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorisation; or
* attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.
Users agree that:
* Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of iPlayuPay.com.
* Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
* Users will not contact Games Owners or Core Players through the Site or through information gained from our Site with the intent of subverting them from using our Services.
* Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
* Users will not create multiple user Accounts to avoid fees, suspension or bad ratings on the Site.
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from iPlayuPay.com.
Without limiting iPlayuPay.com's other remedies, to the extent you are in violation of this User Agreement, you must pay iPlayuPay.com for all fees owed to us and reimburse us for all losses and costs (including any and all iPlayuPay.com employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You and iPlayuPay.com agree that the damages that iPlayuPay.com will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then iPlayuPay.com may fine you up to US$3,000.00 for each such violation and/or iPlayuPay.com may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$3,000.00 is presently a reasonable pre-estimate or minimum estimate of iPlayuPay.com damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to iPlayuPay.com that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
You agree that iPlayuPay.com is entitled to deduct such charges directly from any existing balance in the offending Account, or any other iPlayuPay.com Account owned by you.
Users that are terminated by iPlayuPay.com on any basis other than violation of this User Agreement will be entitled to receive any payment due from iPlayuPay.com.
In the event of termination, you will have no claim whatsoever against iPlayuPay.com in respect of any such suspension or termination of your membership.
Will use the SDK solely for the purposes and in the manner expressly permitted by this agreement and in accordance with all applicable laws and regulations;
and to use the SDK only to release and distribute the game on the platform;
and not to use the SDK for and unlawful or illegal activity;
and not to use the SDK to build and kind of software development product;
and not to create, through the use of the SDK or otherwise, any program that world disable, hack or otherwise interfere with and security, digital signing, digital rights management, contact protection, verification or authentication mechanisms of the platform software, services or technology, or enable others to do so;
and not to copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable law), modify or alter the SDK in whole or in part, or to enable others to do so;
and not to use the SDK for any purpose not expressly permitted by this agreement.
iPlayuPay platform shall manage and maintain the Game Centre and SDK, on a best effort basis, and provide accordingly technical support services and maintenance services for the purposes of maintaining the best availability of the platform and SDK.
Accordingly with the provisions of this agreement the Game Owner hereby grants iPlayuPay a non-exclusive license to feature, integrate, display, advertise, market, promote, and use the channeled game on the platform in the territory. During the term of this agreement, the Game Owner authorizes iPlayuPay to use the Game Owner names and trademarks solely in the connection with the platform sale, advertisement, promotion and distribution of the platform in the territory.
The Game Owner retains all rights, title and interest in and to the channeled game it makes available to the iPlayuPay platform under this agreement. The Parties acknowledge and agree that iPlayuPay shall not acquire any ownership interest in or to the channeled game.
Subject to the terms and conditions of this agreement, iPlayuPay grants the Game Owner a non-exclusive revocable, non-sub licensable, non-transferable license to download and use the SDK solely to release and distribute the channeled game on the platform.
iPlayuPay may extend, enhance or otherwise modify the SDK at any time without notice. iPlayuPay shall not be obligated to provide the Game Owner with any updates to the SDK. iPlayuPay denies any responsibility as to the provision or maintenance, technical or other support for the SDK in compliance with the provisions of the agreement.
Any disputes regarding arrangements between Core Players and Games Owners remain solely between Games Owners and Core Players. We are not involved in any transactions between you and any other users of iPlayuPay.com. You acknowledge and agree that iPlayuPay.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release iPlayuPay.com from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
Your personal information will be processed by iPlayuPay.com in order to fulfill the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between iPlayuPay.com and any associated entity within the iPlayuPay.com organization. At such transfer, personal data may be transferred outside the EEC-area. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.
iPlayuPay.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of iPlayuPay.com and are protected by international copyright laws.
It is our policy to respond to clear notices of alleged copyright infringement. Our policy, set out below, is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
The Digital Millennium Copyright Act 1998, ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider ("ISP").
As the owner of the Site, we are committed to complying with the DMCA. Upon receipt of a properly filed complaint under the DMCA, we will block access to the allegedly infringing material. We will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them may submit a notice as set out below.
If you believe that your copyrighted works are contained on our system and you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, then we want you to know the proper procedure for notifying us. You should send us a written notice which contains the following:
* Identification of the copyrighted work(s) claimed to have been infringed.
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
* Information reasonably sufficient to permit us to locate the material.
* Information reasonably sufficient to permit us to contact you, such as a physical address, telephone number, and, if available, an electronic mail address.
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, your agent, or the law.
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
* A physical signature. You must be a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (Together, "Notice".)
The Notice specified above is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
Your Notice to us should be sent to us via a reliable means to "Legal Department - DMCA Compliance" at the address in our .contact us. section of the Site. Generally, you should use certified mail or a carrier that provides not only delivery confirmation but that also requires a signature. While you may email us or call us, this does not constitute a proper Notice to us.
In appropriate circumstances, we will terminate the membership of Users that are repeat infringers. If you believe that a User is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the User is a repeat infringer.
Once we receive your Notice we will follow the procedures outlined above and in the Digital Millennium Copyright Act (United States).
If a Notice has been filed with us against you, the owner will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter-notice with us. If we receive a valid counter-notice, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
We will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter-notice, unless we first receive notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this Site.
Please be advised that United States copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you obtain legal advice.
iPlayuPay.com is not involved in the actual transaction between Core Players and Games Owners. Our Services, the Site and all content on it are provided on an .as is. basis and without warranties of any kind either express or implied. Without limiting the foregoing, iPlayuPay.com does not represent or warrant that:
* The Site will be accurate, reliable, uninterrupted, secure or error-free;
* Defects in the Site will be corrected;
* The Site or the servers that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Israel. If you are considered a consumer under an Israeli consumer protection law that applies to iPlayuPay.com, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.
To the extent that iPlayuPay.com are able to limit the remedies available under this User Agreement, iPlayuPay.com expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at iPlayuPay.com sole discretion)
(1) in the case of goods, any one or more of the following:
* The replacement of the goods or the supply of equivalent goods;
* The repair of the goods;
* The payment of the cost of replacing the goods or of acquiring equivalent goods; or
* The payment of the cost of having the goods repaired; and
(2) in the case of services:
* The supply of the services again; or
* The payment of the cost of having the services supplied again.
* However, if you are considered a consumer under an Israeli consumer protection law that applies to iPlayuPay.com, and you use our Services for personal, domestic or household use, the above clause may not apply to you. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.
In no event shall iPlayuPay.com, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
* any indirect, special, incidental or consequential damages that may be incurred by you;
* any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
* any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
* The limitations on iPlayuPay.com liability to you above shall apply whether or not iPlayuPay.com, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of iPlayuPay.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation.
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
iPlayuPay.com may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against iPlayuPay.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of Tel-Aviv, Israel. You and iPlayuPay.com irrevocably submit to the non-exclusive jurisdiction of the courts of Tel-Aviv, Israel.
The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by iPlayuPay.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of iPlayuPay.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You can send us email at contact@iPlayuPay.com