These Terms of Use were last updated on October 28, 2020
Welcome to Playtime, a platform that is designed to allow an organization to manage and operate projects, events, and patrons.
These Terms of Use (“Terms”) set out our, and your, rights and obligations in relation to your use of Playtime.
In these Terms:
“we”, “our” and “us” refers to QED USA, Inc.; and
“you” and “your” refers to you – as a Patron or Organizational User (as those terms are defined below).
Please read these Terms carefully before registering to use Playtime as they constitute a binding agreement between you and QED USA, Inc. By using Playtime you represent and warrant that (1) you have read, understand, and agree to follow and be bound by these Terms; (2) you are of legal age to form a binding contract with us; and (3) you have the authority to enter into these Terms personally or on behalf of Your Organization. If you do not agree to all the Terms, you must not use Playtime.
These Terms may be amended by us at any time, effective when we post the amended terms on the Playtime Platform or otherwise notify you in writing (including by email). Please regularly check this page to view our current Terms. Each time you access and use Playtime, you ensure that you have read, understood and agreed to the most recent terms posted on the Playtime Platform or otherwise notified to you.
Please be aware that Section 11 of these Terms contains provisions governing how claims that you and we have against each other are resolved, including without limitation, any claims that arose or were asserted prior to the effective date of these Terms. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us and you to be submitted to binding and final arbitration.
1. Intended meanings for certain words
1.1 In these Terms, unless the context otherwise requires:
Documentation means the documentation (if any) made available to you by us through the Playtime Services, which sets out a description and user instructions for the Playtime Services;
Intellectual Property Rights means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, whether registered, in the course of being registered or unregistered and any analogous rights worldwide;
Master Subscription Agreement means, with respect to Organizational Users, the agreement (if any) entered into between Your Organization and us in relation to the Playtime Services that allows you to access the Playtime Services in accordance with these Terms;
Organizational User means an employee, contractor, officer, agent, or client of Your Organization;
Patron means a consumer end user of the Playtime Services;
Playtime Platform means the URL or web link which you use for accessing Playtime;
Playtime Services means the cloud-based software services called “Playtime” made available to you and Your Organization by us on a subscription basis under the Master Subscription Agreement and via the Playtime Platform;
Privacy Policy means our privacy policy located at [https://playtime.software/privacy-policy/\], as may be updated from time to time;
Purpose means (a) with respect to Organizational Users, the purpose for which Your Organization is permitted to use the Playtime Platform as set out in the Master Subscription Agreement, or if not set out, for Your Organization’s internal business purposes; and (b) with respect to Patrons, your personal purposes;
Subscription Term means, with respect to Organizational Users, the term of Your Organization’s subscription under the Master Subscription Agreement;
Usage Data means information collected or deduced by us and/or the Playtime Services based on your use of the Playtime Services thereof.
User means an individual or entity, whether a Patron or Organizational User, that accesses and/or uses the Playtime Platform;
User Generated Content means any images or content posted on or via the Playtime Platform that is generated or uploaded by a User but expressly excluding Your Data;
Virus means any virus, malware, spyware, malicious code, trojan horse, worm, back door, trap door, time bomb, software lock, drop dead device or other program, routine, instruction, device, code, contaminant, logic, effect or other undisclosed feature which may: (a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (b) prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or (c) adversely affect the user experience, including worms, trojan horses, malware, viruses and other similar things or devices;
Your Data means any data or information inputted by you as a Patron or provided by you about you or your Patrons as an Organizational User, on or through the Playtime Platform, for the purpose of using (or facilitating your use of) the Playtime Services, including but not limited to tax information or documentation or credit card or other payment information; and
Your Organization means, with respect to Organizational Users, the entity of which you are an employee, contractor, officer, agent or client, and which has entered into a Master Subscription Agreement with us.
1.2 In these Terms, unless the context requires otherwise:
(a) the word “including” does not limit the words which follow it;
(b) words importing the singular or plural number include the plural and singular number respectively;
(c) headings are inserted for the sake of convenience of reference only and do not affect the interpretation of these Terms; and
(d) a person includes any individual, corporation, unincorporated association, government department or municipal authority.
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2. Access to Playtime Services**
2.1 Playtime grants you a non-exclusive, non-transferable right to access and use the Playtime Services in accordance with these Terms. Please note that if you are accessing the Playtime Services through Your Organization, you are also required to access and use the Playtime Services in accordance with the Documentation, and may be subject to other restrictions, including limiting your access to and use during the Subscription Term solely for the Purpose, on the terms and conditions set out in these Terms and the Master Subscription Agreement.
2.2 You will not access, store, distribute or transmit any Viruses, and Playtime may, without liability, disable your access to the Playtime Services if you are in breach of this clause or any other clause in these Terms.
2.3 You will not:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Playtime Services and/or Documentation in any form or media or by any means (except to the extent expressly permitted under these Terms or by applicable law); or
(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Playtime Services;
(c) access all or any part of the Playtime Services and Documentation to build a product or service which competes with the Playtime Services and/or the Documentation;
(d) use the Playtime Services and/or Documentation to provide services to third parties;
(e) make the Playtime Services and/or Documentation available to any third party except other authorised users within Your Organization; or
(f) attempt to obtain, or assist third parties in obtaining, access to the Playtime Services and/or Documentation other than as permitted under these Terms.
2.4 You will use all reasonable endeavours to prevent any unauthorised access to, or use of, the Playtime Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify Playtime. You will only use the Playtime Services in accordance with applicable laws, rules, and regulations.
2.5 As part of the Playtime Services, you may have access to materials that are hosted by another party. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.
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3. Registration**
3.1 In order to access certain features of the Playtime Services, you may be required to become a registered user. For purposes of the Terms, a registered user is a user who has registered an account on the Playtime Platform.
3.2 In registering an account on the Playtime Platform, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Playtime Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your account. You may not share your account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Playtime Services (or any portion thereof). You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account at any given time.
3.3 As a registered user through Your Organization, you will:
(a) only access the Playtime Services and the Documentation once authorised by Your Organization;
(b) keep secure and confidential any login details and passwords for your access and use of the Playtime Services and Documentation;
(c) permit Playtime to actively monitor and audit your use of the Playtime Services and Documentation to establish whether they are being used in accordance with these Terms and the Master Subscription Agreement; and
(d) promptly notify us of any security breach or unauthorised use of your account, the Playtime Services or the Documentation.
3.4 You must provide all equipment and software necessary to connect to the Playtime Platform or other Playtime Services, including but not limited to, a mobile device that is suitable to connect with and use Playtime Services, in cases where the Playtime Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Playtime Services.
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4. Purchase and Payment Terms**
4.1 You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to making a purchase through the Playtime Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately charge your Payment Provider for all fees and charges due and payable to us pursuant to any purchases you make through the Playtime Services.
4.2 We use Braintree by PayPal, Inc. (“Braintree”) as our third party service processor for payment services (e.g., card acceptance, merchant settlement, and related services). You acknowledge that we are bound by, and you agree, to the extent applicable, to be bound by Braintree’s terms and conditions (available at https://www.braintreepayments.com/legal/payment-services-agreement along with its privacy policy (available at https://www.braintreepayments.com/legal/braintree-privacy-policy). You hereby consent and authorize us and Braintree to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transactions with us.
4.3 Donations made through the Playtime Services are also processed by Braintree. Donations can be made by debit card or credit card or offline as may be agreed to by you and us. Except in cases of fraud, your donation cannot be cancelled or returned once it has been completed. If you become aware of any fraudulent use of your debit card or credit card, you should report such use to your card operator or financial institution in accordance with its reporting rules. No goods or services will be provided in return for your donation.
4.4 You may elect to make a periodic recurring donation to one (1) or more theatres or other organizations. Your recurring donation will continue indefinitely until terminated in accordance with the Terms. After your initial donation, we will automatically charge your Payment Provider the same donation amount at the periodic intervals you select when making your initial donation. You may change donation frequency or donation amount, or cease automatic donations, by e-mailing or calling the contact information listed on your donation receipt. You agree that your Payment Provider will be subject to this automatic donation feature unless you notify us in accordance with the foregoing sentence. It may take thirty (30) days for your cancellation request to take effect. By opting into recurring donations when prompted, you authorize us to charge your Payment Provider now, and again at each donation interval, in accordance with these Terms.
4.5 You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: hello@qed.software
5. Your Data
5.1If you are providing us with personal information, please refer to our Privacy Policy [b]as it sets forth our practices with respect to collection, use, and disclosure of your personal information.
5.2 We both acknowledge and agree that you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data.
5.3 We will take appropriate technical and organizational measures designed to protect against unauthorised or unlawful processing of Your Data or its accidental loss, destruction or damage and we will, as part of these measures, use reasonable endeavours to back-up Your Data. You acknowledge that if there is any loss or damage to Your Data, your sole and exclusive remedy will be for us to use reasonable commercial endeavours to restore such lost or damaged data from the latest back-up of Your Data maintained by us. We will not be responsible for any loss, destruction, alteration or disclosure of Your Data caused by any third party.
5.4 You acknowledge and agree that we may use Your Data for, and you hereby grant us the non-exclusive, worldwide, royalty-free, fully paid up right and license to use Your Data for:
(a) any of the purposes set out in the Privacy Policy;
(b) performing our obligations under these Terms;
(c) generating Usage Data;
(d) ensuring that you are complying with these Terms;
(e) improving or enhancing the Playtime Services;
(f) assessing the performance of Your Organization’s business, including comparing or benchmarking such performance against the performance of our other customers’ businesses or industry practice;
(g) assessing what other services we may provide and promote to Your Organization, including offering services that may assist in improving performance; and
(h) performing data analysis on an aggregated and anonymous basis.
5.5 In addition, we shall own any and all information, data and feedback concerning use or operation of the software underlying the Playtime Services and any and all modifications, design changes, features and improvements thereto suggested by you (“Feedback”), and we shall have the right to use, in any manner and for any purpose whatsoever, any and all Feedback. We shall not identify you as the source of any Feedback.
6. Intellectual Property Rights
6.1 You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights:
(a) in, or created during the performance of, the Playtime Services, including Usage Data; and
(b) in the Documentation.
Except as expressly stated in these Terms, we do not grant you any rights to, or in, the Services or the Documentation.
6.2 We acknowledge and agree that, subject to clause 6.1, you own the Intellectual Property Rights in Your Data. You grant to us a non-exclusive right to use Your Data to perform our obligations and exercise our rights under these Terms.
7. User Generated Content, Your Data, and Communications
7.1 The Playtime Platform may allow you to post User Generated Content or otherwise upload, store or transmit Your Data.
7.2 You will not post on the Playtime Platform, submit to the Playtime Platform, or transmit to other Users, any User Generated Content (including links to other content) or Your Data, or otherwise engage in any activity through the Playtime Platform, that:
(a) breaches the Intellectual Property Rights of any third party;
(b) uses or attempts to obtain another person’s personal information other than for the specific purposes for which that person’s personal information was provided to you;
(c) implies that the User Generated Content or Your Data is in any way endorsed or sponsored by us;
(d) consists of commercial audio, video or music files;
(e) is intended to harass, annoy, threaten, intimidate or advertise to any other User;
(f) is false, misleading, defamatory, inaccurate, abusive, pornographic, racially or ethnically objectionable in nature, or otherwise objectionable; or
(g) contains any Viruses.
7.3 You acknowledge and agree that:
(a) we do not control, and therefore are not responsible for, any of Your Data or any communication between you and any other User that may have been initiated as a result of use of the Playtime Platform; and
(b) we in no way endorse or necessarily agree with the views expressed in User Generated Content. While we will endeavour to monitor User Generated Content and exercise editorial control where possible, you acknowledge that you use and rely on the User Generated Content obtained through the Playtime Platform at your own risk.
7.4 We may at any time:
(a)refuse to post any User Generated Content; or
(b) edit or remove User Generated Content, that we in our discretion (acting reasonably) consider breaches these Terms or is otherwise inappropriate for the Playtime Platform.
7.5 Where you publish or upload User Generated Content on the Playtime Platform, you and Your Organization are deemed to have granted us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform, and publicly display, such User Generated Content (in whole or in part) for the purposes of operating and providing the Playtime Services hereunder.. You and Your Organization also warrant that any such User Generated Content does not infringe the Intellectual Property Rights of any person and that you and/or Your Organization have the necessary rights, consents, permissions, and authorizations to grant to us the rights granted in the immediately preceding sentence.
8. Interactions with Third Parties
8.1 You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that we reserve the right, but have no obligation, to intercede in such disputes. You agree that we will not be responsible for any liability incurred as the result of such interactions.
8.2 Playtime Services may contain User Generated Content provided by other Users. We are not responsible for and do not control User Generated Content. We have no obligation to review or monitor, and do not approve, endorse, or make any representations or warranties with respect to User Generated Content. You use all User Generated Content and interact with other Users at your own risk.
8.3 Playtime Services may contain links or access to third-party websites, services, applications, or advertisements (collectively, “Third-Party Services”), such as access to our payment provider, Braintree, Inc.’s, services. When you access a Third-Party Service, you are subject to the terms and conditions (including privacy policies) of such other website or destination. Such Third-Party Services are not under our control. We are not responsible for any Third-Party Services. You access and use all Third-Party Services at your own risk. When you leave the Playtime Platform, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
9. Disclaimer of Warranties
9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PLAYTIME SERVICES IS AT YOUR SOLE RISK, AND THE PLAYTIME SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE PLAYTIME PLATFORM OR PLAYTIME SERVICES.
9.2 Any User Generated Content or other content made available through the Playtime Services is accessed at your own risk and you shall be solely responsible for any damage to your property, including but not limited to, your computer system and any device you use to access the Playtime Services, or any other loss that results from accessing such content.
9.3 You acknowledge and agree that we are not liable, and you agree not to seek to hold us liable, for the conduct of third parties through the Playtime Services, including the conduct of Your Organization, and that risk of injury from such third parties rests entirely with you.
9.4 You are solely responsible for all of your communications and interactions with other Users of the Playtime Services. You understand that we do not make any attempt to verify the statements of Users through the Playtime Services.
10. Suspension and termination
10.1 We may, at our discretion, suspend your access to the Playtime Services if you fail to comply with these Terms.
10.2 These Terms will automatically terminate when the Master Subscription Agreement terminates for any reason.
10.3 On termination of these Terms all licences granted under these Terms will immediately terminate and you must cease using the Playtime Services and the Documentation.
11. Arbitration Agreement
BY AGREEING TO ARBITRATION WITH US IN ACCORDANCE WITH THIS SECTION 11, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST PLAYTIME ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
11.1 If a controversy or dispute arises out of or relates to this Agreement, the parties’ rights under these Terms (whether arising in contract, tort or any other legal theory), or the action or inaction of any party, and whether based on U.S. federal, state or local statute or common law or any other Law, and regardless of the identities of any other defendants (any such controversy or dispute, a “Dispute”), a party may not commence any court or arbitration proceedings relating to the Dispute unless it has complied with the following paragraphs of this Section, except where the party seeks urgent interlocutory relief.
11.2 A party claiming the Dispute has arisen must give written notice to the other party specifying the nature of the Dispute.
11.3 On receipt of that notice, the parties will use all commercially reasonable efforts to resolve the Dispute by discussion, consultation, negotiation or other informal means.
11.4 If the Dispute is not resolved within 15 Business Days of the notice being given (or within such further period agreed in writing by the parties), either party may, by giving written notice to the other party, require the Dispute to be determined by the arbitration of a single arbitrator. Such arbitrator shall settle the Dispute by agreement, mediation or arbitration in New York, New York in accordance with the commercial dispute rules of the Judicial and Mediation Services (JAMS). Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
11.5 YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 11.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
11.6 ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. In the event that this subparagraph is deemed invalid or unenforceable Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in New York, New York.
11.7 As a Patron, you have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: QED USA, Inc. 737 Franklin Ave, Apt 1 Brooklyn, NY 11238 within 30 days after first becoming subject to this Arbitration Agreement, your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. This clause 11.7 does not apply to Organizational Users. This clause 11.7 only applies to Patrons.
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12. Liability**
12.1 EXCEPT FOR LIABILITY ARISING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY OBLIGATIONS, OR AN INFRINGEMENT OR MISAPPROPRIATION BY EITHER PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS:
(a) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, INCLUDING TORT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, BREACH OF CONTRACT OR BREACH OF WARRANTY, FOR (I) LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES SUFFERED OR INCURRED BY THE OTHER PARTY AS A RESULT OF ANYTHING DONE BY THE OTHER PARTY UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST BUSINESS OPPORTUNITY OR PROFITS, OR LOSS OF OR DAMAGE TO GOODWILL, EVEN IF A PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS;
(b) OUR MAXIMUM LIABILITY ARISING OUT OF ALL CLAIMS FOR LOSS OR DAMAGE UNDER THESE TERMS WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF (I) THE AMOUNTS PAID TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, AND (II) AN AMOUNT EQUAL TO FIFTY U.S. DOLLARS ($50.00);
12.2 EXCEPT FOR OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN OUR PRIVACY POLICY, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS.
13. General
13.1 You hereby release us and our successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Playtime Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Playtime Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by us or our fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Playtime Services
13.2 The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
13.3 These Terms constitute the entire agreement between us and you about the subject matter herein and supersede any previous understanding or agreements on such subject matter.
13.4 If any part or a provision of these Terms is judged invalid or unenforceable in a jurisdiction, it is severed for that jurisdiction and the remainder of these Terms will continue to operate.
13.5 Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.6 You may not use, export, import, or transfer the Playtime Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Playtime Services,, and any other applicable laws. In particular, but without limitation, Playtime Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Playtime Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Playtime Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer our products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
13.7 The communications between you and us use electronic means, whether you visit Playtime Services, or whether we post notices on the Playtime Platform or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
13.8 These Terms will be governed by and construed in accordance with the laws of the State of New York.
13.9 If you have any questions, complaints, or claims with respect to Playtime Services, please contact us at: info@qed.software. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.