By using the Services, you agree to: (a) maintain the security of your account by not sharing any access credentials with others and restricting access to your account and your computer or mobile device; (b) promptly notify Playgraph if you discover or otherwise suspect any security breaches related to the Services; and (c) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
You understand that you are responsible for all data charges you incur by using the Services.
If you submit or post User Content to the Services, you grant Playgraph a nonexclusive, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media (now known or later developed), including in connection with Playgraph ‘s marketing and promotional activities. You agree that this license includes the right for Playgraph to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services.
You understand that User Content may be displayed publicly. Playgraph does not control, take responsibility for or assume liability for any User Content or any loss or damage related to User Content.
You may only post User Content that (a) is non-confidential; (b) you have all necessary rights to post to the Services; (c) is accurate and not misleading or harmful in any manner; and (d) does not and will not violate these Terms or any applicable law, rule or regulation.
Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;
Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
Attempt to indicate that you have a relationship with Playgraph or rompn.com, or that Playgraph or Rad,chat has endorsed you or any products or services;
Send any unsolicited advertising or promotional materials or collect any contact information of other users from the Services for the purpose of sending commercial messages;
Attempt to reverse engineer any aspect of the Services or do anything that might circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
Use or attempt to use another’s account without authorization from such user and Playgraph;
Develop any third-party application that interacts with the Services without Playgraph‘s prior written consent;
Use any automated means or interface not provided by Playgraph to access the Services;
Use the Services or the Service Materials (defined below) for anything other than their intended purpose or in a way that violates the Rad Community Guidelines.
The Playgraph and rompn.com logos and any other product or service name or slogan contained in the Services are trademarks of Playgraph and its suppliers or licensors. Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Playgraph and rompn.com logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the "Service Materials") as well as their selection and arrangement are the proprietary property of Playgraph or its licensors or users and are protected by U.S. and international copyright, trademark and other laws. Except as explicitly stated in these Terms, Playgraph does not grant any express or implied rights to use Service Materials.
You are granted a limited, non-transferable and revocable license to access and use the Services and Service Materials for your personal, non-commercial use. This license is revocable at any time.
Attn: Playgraph Designated Agent
725 Pierside Dr. Cary, NC 27519
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Playgraph or the alleged infringer as the result of Playgraph’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLAYGRAPH OR THE PLAYGRAPH PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE SERVICE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT RESULT FROM THE ONLINE OR OFFLINE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR PROPERTY DAMAGE), MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR USER CONTENT, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PLAYGRAPH’S RECORDS, PROGRAMS OR SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST PLAYGRAPH FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLAYGRAPH OR THE PLAYGRAPH PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PLAYGRAPH FOR ACCESS TO OR USE OF THE SERVICES, OR, IF YOU HAVE NOT PAID EXPERTISE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $1.00.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Except for any dispute in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Playgraph waive your respective rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes arising out of or relating to these Terms or the Services will be resolved through confidential binding arbitration held in Raleigh, North Carolina (or, alternatively, via telephone or video conference) before and in accordance with the rules of JAMS, which are available at https://www.jamsadr.com/. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
YOU AND PLAYGRAPH AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS PERSONAL TO YOU AND PLAYGRAPH AND THAT YOU AND PLAYGRAPH WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
As limited by the Federal Arbitration Act, these Terms and the JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Any claim you may have arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred. You and Playgraph agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Playgraph must be sent to firstname.lastname@example.org.