Welcome to our website (referred to as 'Company', 'we', 'us', or 'our').
We operate this website (the 'Site') and any associated products and services that reference or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
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You can contact us via email at press_iplaygam.com@mail.nz or by mail at 74 Warwick Street, Feilding, New Zealand.
These Legal Terms constitute a legally binding agreement between you, either personally or on behalf of an entity ('you'), and the Company, regarding your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agreed to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We will notify you of any scheduled changes to the Services. Any modified Legal Terms will take effect upon posting or upon notification to you via press_iplaygam.com@mail.nz, as stated in the email. Continuing to use the Services after the effective date of changes constitutes your acceptance of the modified terms.
We recommend printing a copy of these Legal Terms for your records.
The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA)). If your interactions are subject to such laws, you may not use the Services. The Services should not be used in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Our Intellectual Property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the 'Content'), as well as the trademarks, service marks, and logos (collectively, the 'Marks').
Our Content and Marks are protected by copyright, trademark laws, and other intellectual property rights and treaties both in the United States and internationally.
The Content and Marks are provided 'AS IS' for your personal, non-commercial use or internal business purposes only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purposes.
Except as expressly permitted in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
To request permission for any use of the Services, Content, or Marks beyond what is outlined here, please contact us at press_iplaygam.com@mail.nz. If permission is granted to post, reproduce, or publicly display any part of our Services or Content, you must acknowledge us as the owners or licensors of the Services, Content, or Marks, and ensure that any copyright or proprietary notice remains visible.
We reserve all rights not expressly granted in these Legal Terms.
Any breach of these Intellectual Property Rights will result in immediate termination of your right to use our Services.
Your Submissions and Contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully to understand the (a) rights you grant us and (b) obligations you have when posting or uploading content through the Services.
Submissions: By sending us any questions, comments, suggestions, ideas, feedback, or other information about the Services ('Submissions'), you assign all intellectual property rights in such Submission to us. We will own and have unrestricted use of the Submission for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: Our Services may allow you to contribute to blogs, message boards, online forums, and other functionalities where you may create, submit, post, display, transmit, publish, distribute, or broadcast content ('Contributions'). Submissions that are publicly posted will also be treated as Contributions.
Contributions may be viewable by other users and possibly through third-party websites.
By posting Contributions, you grant us an unrestricted, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, reproduce, distribute, sell, publish, broadcast, reformat, translate, excerpt, and exploit your Contributions (including your image, name, and voice) for any purpose, including commercial and advertising, and to prepare derivative works of your Contributions. This license extends to use in any media formats and channels.
This license includes the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and any personal and commercial images you provide.
You are responsible for your Submissions and Contributions: By posting or uploading content through the Services or linking your account to social networking accounts, you confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post or transmit any content that is illegal, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, or misleading. To the extent permitted by law, you waive any moral rights to your Submissions and Contributions, warrant that they are original or that you have necessary rights and licenses to submit them, and that they do not constitute confidential information. You are responsible for any losses we incur due to your breach of these terms or third-party rights.
While we’re not obligated to monitor your Content, we reserve the right to modify or remove any Contributions at our discretion, should we deem them to be harmful or in violation of these Legal Terms. Should we decide to take such action, we might also suspend or disable your account and alert the relevant authorities if needed.
Copyright Issues
We respect and uphold intellectual property rights. If you believe any material available on or through our Services infringes on your copyright, please refer to the 'DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY' section below for the necessary steps.
By using our Services, you affirm that: (1) all registration details you provide are accurate, complete, and current; (2) you will keep this information up-to-date; (3) you have the legal capacity to agree to these Legal Terms; (4) you are of legal age in your jurisdiction; (5) you will not access the Services via automated means such as bots or scripts; (6) you will not use the Services for unlawful purposes; and (7) your use of the Services will comply with all applicable laws and regulations.
If any of the information you provide is false, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any part thereof).
Registration may be required to access certain features of the Services. You are responsible for keeping your password secure and for all activities conducted under your account. We may, at our sole discretion, modify, reclaim, or remove any username you choose if it is deemed inappropriate or objectionable.
We strive to accurately display the colors, features, specifications, and details of our products. However, we do not guarantee that the product descriptions will be precise, complete, reliable, or error-free, and your device may not perfectly reflect the actual appearance of the products. Availability is not guaranteed, and we reserve the right to discontinue any products at our discretion. Prices may change without notice.
Accepted payment methods include:
You agree to provide accurate and complete payment and account information for all transactions made via our Services. Promptly update your account and payment details, including email, payment method, and card expiration date, to ensure successful transactions and communication. Sales tax may be added where applicable, and prices are subject to change.
You agree to pay all charges at the current prices and any applicable shipping fees. By placing an order, you authorize us to charge your payment method. We reserve the right to correct pricing errors even after payment has been processed.
We reserve the right to refuse any orders placed through the Services. We may, at our discretion, limit or cancel quantities purchased per person, household, or order. This includes orders under the same account, payment method, or shipping address, and we may restrict orders that seem to be placed by resellers or distributors.
Please review our Return Policy available on the Services before making any purchases.
We may provide software for use with our Services. If the software is accompanied by an end-user license agreement (EULA), the EULA terms govern your use. If no EULA is provided, we grant you a non-exclusive, revocable, personal, and non-transferable license to use the software only in connection with our Services and according to these Legal Terms. The software is provided "AS IS" without warranties, and you accept all risks associated with its use. Reproduction or redistribution of the software is prohibited except as allowed by the EULA or these Legal Terms.
The Services are intended solely for their designated purposes. Any commercial use not expressly endorsed by us is prohibited.
As a user, you agree not to:
Our Services might offer you the chance to engage in interactive features such as chats, blogs, forums, and message boards. You may be invited to create, submit, share, or display various types of content, including but not limited to text, videos, audio clips, photos, graphics, feedback, suggestions, and personal details (collectively referred to as ‘Contributions’). These Contributions could be visible to other users and possibly third-party sites. Consequently, any content you share might be considered public and non-confidential. By contributing, you affirm and guarantee that:
Violating these guidelines may lead to the suspension or termination of your access to the Services.
By posting Contributions on the Services or linking your account to social media platforms, you grant us a broad, global, irrevocable, perpetual, non-exclusive, royalty-free, fully paid, transferable license to use, reproduce, disclose, sell, broadcast, and distribute such Contributions in any media, now known or developed in the future. This license includes the right to modify, adapt, or incorporate Contributions into other works and to authorize sublicenses. This applies to all media formats and channels.
This license covers any technology, existing or emerging, and includes the use of your name, trademarks, and images. You waive any moral rights in your Contributions and confirm that such rights have not been asserted.
We do not claim ownership of your Contributions. You retain all rights and intellectual property associated with them. We are not liable for any statements or content in your Contributions and you agree to hold us harmless from any legal actions related to them.
We reserve the right to modify, categorize, or delete any Contributions at our discretion, without prior notice. We are not obligated to monitor Contributions.
When posting reviews, please adhere to these guidelines: (1) Base reviews on direct experiences; (2) Avoid offensive or abusive language; (3) Refrain from discriminatory remarks; (4) Do not reference illegal activities; (5) Avoid posting negative reviews if affiliated with competitors; (6) Do not make legal judgments; (7) Avoid false or misleading statements; (8) Do not orchestrate review campaigns.
We may accept or reject reviews at our discretion. We are not responsible for the accuracy or content of reviews and are not liable for any resulting claims or damages. By posting a review, you grant us a perpetual, worldwide, royalty-free license to use, modify, and distribute the content of the review.
You may link your account to third-party social media accounts by providing your login details or authorizing us to access those accounts as permitted. You affirm that you have the right to disclose your login information and grant us access without violating any terms of service or incurring fees. By linking accounts, you allow us to access and store content from your social media profiles and integrate it with our Services. You can disconnect your social media accounts from our Services at any time. Note that if access to a social media account is terminated, associated content may no longer be available.
Your relationship with third-party service providers is governed by your agreements with them. We do not review or take responsibility for content from these accounts and may use your email and contact lists to identify other users of the Services. You can deactivate connections between your accounts and third-party services through your settings or by contacting us.
Our Services might occasionally guide you to explore other corners of the web by linking to third-party websites ("External Sites") and showcasing a variety of third-party content ("External Content"). This content can range from articles and photographs to videos and software, all hailing from sources outside our control. We don’t scrutinize, monitor, or verify these External Sites or Content for accuracy or appropriateness, and we aren’t accountable for their content or the practices of the sites they lead to. Linking to or enabling access to these External Sites and Content doesn’t imply our endorsement. If you venture beyond our Services to explore these External Sites or use their Content, you’re doing so at your own risk. These Legal Terms no longer apply once you leave our domain. It’s wise to review the terms and policies of any site or application you interact with, as well as their privacy and data practices. Any transactions with these External Sites are strictly between you and them—we take no responsibility for these interactions and urge you to hold us harmless for any issues arising from these external engagements.
While we have the liberty to oversee the Services for adherence to these Legal Terms, we’re not bound to do so. We may, at our discretion, take legal action against anyone violating the law or these terms, which could include reporting to authorities. We also reserve the right to restrict access to or modify any Contributions at our discretion, or remove content that burdens our systems without notice. Our aim is to manage the Services in a way that protects our rights and ensures smooth operation.
Your privacy and data security are important to us. Please check out our Privacy Policy. By using our Services, you agree to comply with this policy, which is a part of these Legal Terms. Note that our Services are hosted in the United Kingdom. If you access our Services from anywhere else, you’re consenting to the transfer and processing of your data in the UK.
Notifications
We respect intellectual property rights. If you believe any material on our Services infringes your copyright, please notify our Designated Copyright Agent immediately (a "Notification"). The notification will be shared with the party that posted the material. Be aware that making false claims can result in liability. If unsure, consider consulting an attorney before filing a Notification.
Notifications should comply with DMCA 17 U.S.C. § 512(c)(3) and include: (1) a signature of someone authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing; (4) contact details of the complainant; (5) a statement of good faith belief that the material is unauthorized; and (6) a statement of accuracy under penalty of perjury.
Counter Notifications
If your material was removed by mistake, you can submit a Counter Notification to us (our Designated Copyright Agent) with the following: (1) identification of the removed material and its previous location; (2) consent to jurisdiction in England or a relevant U.S. district; (3) acceptance of process service from the Notification filer; (4) your contact information; (5) a statement under penalty of perjury that the removal was a mistake; and (6) your signature.
Upon receiving a valid Counter Notification, we’ll restore the material unless informed of a court action restraining you. False claims in a Counter Notification can lead to liability for damages.
Designated Copyright Agent
These Legal Terms remain in effect while you use our Services. We reserve the right, without notice, to deny access to our Services to anyone, block IP addresses, or terminate your use or account at our discretion. If we terminate your account, you’re barred from re-registering under any name. We may also pursue legal action, including civil and criminal remedies.
Should your account be terminated or suspended, you can’t create a new one under your name or any other name, even on behalf of someone else. We also reserve the right to take legal action if necessary.
We have the right to alter, update, or remove any content from our Services at any time without prior notice. We aren’t obliged to keep information current or support the Services continually. We can modify or cease all or part of the Services without notice, and won’t be liable for any resulting issues.
We can’t guarantee constant availability of the Services. Technical issues or maintenance might cause interruptions. We’re not liable for any inconvenience or loss resulting from service downtime or changes. Nothing here obligates us to maintain or support the Services indefinitely.
These Legal Terms are governed by the laws of England, with the United Nations Convention on Contracts for the International Sale of Goods applying. If you reside in the EU, the USA, or other signatory countries, you also benefit from consumer protection laws in your home country. You can pursue your rights either in England or in your home country under these conventions.
For EU residents, disputes related to these Legal Terms will be arbitrated according to the rules of the European Court of Arbitration in Strasbourg, with proceedings in England and conducted in English. English law will govern these proceedings.
For US residents, disputes will be resolved through arbitration in the US under US law.
Residents of other countries will follow the same arbitration rules as EU residents.
The Parties concur that any arbitration shall be confined to the Dispute between the Parties individually. To the fullest extent allowed by law: (a) no arbitration may be consolidated with any other proceedings; (b) there is no entitlement to arbitrate any Dispute on a class-action basis or utilize class action procedures; and (c) there is no authority to pursue any Dispute in a representative capacity on behalf of the general public or any other individuals.
The Parties acknowledge that certain Disputes are exempt from the above arbitration provisions: (a) disputes seeking to enforce or defend intellectual property rights of a Party; (b) disputes arising from claims of theft, piracy, privacy violations, or unauthorized use; and (c) claims for injunctive relief. Should this provision be deemed illegal or unenforceable, neither Party will opt for arbitration for Disputes affected by such findings, and such Disputes shall be adjudicated by a court with appropriate jurisdiction as previously mentioned. The Parties agree to submit to the personal jurisdiction of such a court.
The Services may contain typographical mistakes, inaccuracies, or omissions regarding descriptions, pricing, availability, and other details. We reserve the right to amend any errors or inaccuracies and to modify or update the information on the Services at our discretion, without prior notice.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR ANY CONTENT ON THIRD-PARTY WEBSITES LINKED TO THE SERVICES. WE WILL NOT BE LIABLE FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND PERSONAL OR FINANCIAL INFORMATION; (4) INTERRUPTION OF TRANSMISSIONS TO OR FROM THE SERVICES; (5) BUGS, VIRUSES, OR OTHER MALICIOUS CODE TRANSMITTED BY THIRD PARTIES; OR (6) ERRORS OR OMISSIONS IN CONTENT. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES. EXERCISE CAUTION WHEN ENGAGING IN TRANSACTIONS WITH THIRD PARTIES.
NEITHER WE NOR OUR DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA LOSS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF SUCH DAMAGES. NOTWITHSTANDING ANY CONTRARY PROVISION, OUR LIABILITY FOR ANY CLAIM SHALL BE LIMITED TO THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party arising from: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your infringement of third-party rights, including intellectual property rights; or (6) any harmful act toward another user of the Services you interacted with. We reserve the right to assume exclusive defense of any matter for which you are required to indemnify us, and you agree to cooperate with us in defending such claims at your expense. We will make reasonable efforts to notify you of any claims subject to indemnification upon discovering them.
We will keep certain data that you transmit to the Services for managing performance and monitoring your usage. While we perform routine backups, you are solely responsible for all data you send or that pertains to your activities on the Services. We will not be liable for any loss or corruption of such data, and you waive any rights to pursue claims against us related to such data loss or corruption.
Engaging with the Services, sending us emails, and filling out online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically, via email, or through the Services, satisfy legal writing requirements. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any legal requirements for physical signatures or non-electronic record retention.
If a complaint is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or rules posted on the Services constitute the entire agreement between you and us. Failure to enforce any provision does not waive our right to enforce it later. These Legal Terms will be applied to the fullest extent permitted by law. We may assign our rights and obligations to others at any time. We are not liable for any loss, delay, or failure caused by circumstances beyond our control. If any part of these Legal Terms is found to be unlawful, void, or unenforceable, it will be severed without affecting the remaining provisions. These Legal Terms do not create a joint venture, partnership, employment, or agency relationship. They will not be construed against us as the drafters. You waive any defenses based on the electronic form of these Legal Terms or the lack of signatures.
For resolving complaints or seeking more information about the Services, please contact us at:
74, Warwick Street, Feilding, New Zealand
33 145-333
press_iplaygam.com@mail.nz
