Updated November 7, 2019
Introduction: Welcome to fourplay!
1. DESCRIPTION AND USE OF SERVICES
Fourplay is a free mobile application that allows members to team up with friends and meet twice the singles in half the time!
We provide Visitors and Members with access to the Services as described in this Agreement.
Let us define some terms for you...
Visitors: Visitors (“visitors”) are people who don’t create an account on fourplay, but want to view all publicly-accessible content, browse through the introduction of the mobile application, and e-mail or contact us for any reason.
Members: Members (“members”) are users that have signed up to join our service. Members can do all the things that visitors can do, and can: (a) create an account on fourplay, which includes answering required and optional demographic and lifestyle questions (“Stats”); (b) upload an individual thumbnail photo of themselves; (c) create an unlimited number of teams with other fourplay members (one team equals the member plus a person that member knows personally); (d) browse through other teams on fourplay looking for prospective matches (a match equals all four members from both teams giving the “thumbs up” that they are interested in communicating and potentially meeting off of the Services); (e) and message and communicate with teams in a group chat once a match has occurred. In order to subscribe to the Services members must register and create login credentials and enter a verification code into fourplay, which is sent via SMS to that person’s mobile phone.
We are under no obligation to accept any individual or team as a member, and may accept or reject any registration at any time at our sole and complete discretion.
2. RESTRICTIONS AND MEMBER ELIGIBILITY
Before creating an account on fourplay it is essential that you read this section and ensure you are eligible to use our Services.
Fourplay is absolutely not to be used by any individual under age 18. If you are under 18 years of age please do not create an account on fourplay. Feel free to come back to us when you are the appropriate age!
Make sure you really pay attention to this next part before you even consider creating an account with us...
By using fourplay you represent and warrant that:
You are at least 18 years of age;
You agree to only use fourplay to create teams with people you know in real life in order to match, communicate, and meet other people;
You are able to enter a binding contract with fourplay;
You are located in the United States ;
You are not on any list of persons prohibited by law from using fourplay or other dating sites and/or mobile applications;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You have never been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
You do not have more than one account on fourplay;
You will not use the Services for any unlawful purpose;
You will comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements; and
You have not been removed from our Services, by us, in the past, unless you have our expressed written permission to create a new account.
3. COMMUNITY GUIDELINES
By accessing and/or using the Services, you hereby agree that:
You will not use the Services to raise or solicit money from other members; advertise or promote a product, service, or company; or engage in any pyramid or other multi-tiered marketing scheme;
You will not access or use the Services to collect any market research;
You will not intimidate, harass, bully, stalk, assault, harm, defame, or otherwise mistreat any member of our Services, as well as our customer care representatives and other fourplay employees;
You will treat all members of the fourplay community with respect, both on and off the Services, as well as our customer care representatives and other fourplay employees;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity and you will not misrepresent your identity, age, or any other Stats (this specifically includes catfishing);
You will present yourself respectfully and will use an accurate and authentic photo of yourself, that clearly shows your face, as your account’s thumbnail photo (in case you haven’t heard...catfishing still does not fly on fourplay);
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (for example, the ability to Block, Avoid or Report a member) on the Services;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure including the uploading of large files;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not use any automated device or software that enables the submission of automatic postings on the Services without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals;
You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
You will not use the Services in any way that may damage the Services or prevent other members from using the Services or use our Services in any way that would interfere with, disrupt, or negatively affect our Service’s servers, networks, or platforms;
You will not copy, transmit, modify, distribute, or create any derivative works from any other Member Content (defined in Section 4), Our Content (defined in Section 5), or any images, copyrighted material, service marks, trademarks, trade names, or other intellectual property, content or proprietary information accessible through our Services without fourplay’s prior written consent;
You will not probe, scan, or test the vulnerability of our Services or any system or network;
You will not use, access, or publish the fourplay application programming interface without our prior written consent;
You will not use or develop any third-party applications that interact with our Services, Member Content, or any information without our prior written consent;
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted on or through fourplay or any of our Services;
You will not use code, meta tags or other devices that contain any reference to our Services or any of our trademarks, trade names, service marks, logos, or slogans to direct any person to any other website for any purpose;
You will not modify, adapt, sell, reverse engineer, sublicense, translate, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
You will protect the security of your login and personal information by maintaining a strong password and taking reasonable measures to protect the security of your login information (do not share your password with anyone);
You will not solicit other members’ passwords or other members’ personal identifying information for commercial or unlawful purposes or disseminate another person’s personal information;
You will not use another member’s account;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
is false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch” offer (once again, catfishing still does not fly on fourplay);
advertises or promotes any illegal services or activity including, without limitation, terrorism, inciting racial hatred, sexism, bigotry, or other hatred or the submission of which in itself constitutes committing a criminal offense;
implies or expresses that any statement you make is endorsed by us;
was not written by you, unless fourplay expressly authorizes it;
includes images or likeness of another person without that person’s consent (or, if a minor, the minor’s parent or guardian’s consent);
is not consistent with the intended use of our Services;
may harm our reputation or the reputation of any of our affiliates;
discloses private or proprietary information that you do not have the right to disclose;
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence;
Is abusive, threatening, insulting or discriminatory;
relates to commercial activity including (and without limitation) competitions, promotions, sales, soliciting for services, “sugar baby” or “sugar daddy” relationships, or links to other websites;
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information; or
You will use the latest version of our Services (both website and mobile application); and
You will check this page often to ensure you are aware of any changes made to this Agreement;
If you come across Content that violates our community guidelines please contact us at email@example.com and we will review as soon as possible. We love when our members play an active role in keeping their community safe.
We reserve the right, in our sole and absolute discretion, to deny you access to our Services, or any portion of the Services, without notice, and to remove any Content. Please maintain a copy of your Content as we do not have an obligation to provide it to you upon removal.
4. MEMBER CONTENT
A quick word on the Digital Millennium Copyright Act 1998: Member content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. Please see Section 26 for more information regarding this Act.
5. OUR CONTENT
Aside from Member Content and Your Content (see below), fourplay owns all other content on our Services. Our Services contain material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of fourplay (collectively referred to as “The Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of The Content may violate copyright, trademark, and other laws. You have no rights in or to The Content, and you will not use The Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of The Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use The Content in any way for any public or commercial purpose. The use or posting of The Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use The Content and the Services automatically terminates, and you must immediately destroy any copies you have made of The Content.
The trademarks, service marks, and logos of fourplay (“Fourplay Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of fourplay. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Fourplay Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited. All goodwill generated from the use of Fourplay Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of The Content may be retransmitted without our express, written consent.
6. YOUR CONTENT
You, the member, are solely responsible for Your Content. Your Content includes, but is not limited to, photos and/or videos of you, photos and/or videos of you and your teammate(s), your Stats, and your messages in fourplay and private chats. Do not share anything that you would not want others to see, that violates this Agreement, or that may expose you or us to legal liability.
You are entirely and exclusively responsible and liable for Your Content and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide (Your Content) is accurate, including any information submitted through Facebook or other third-party sources (if applicable) and that you will update your account as necessary to ensure its accuracy.
You may not, and absolutely should not, upload or display any personal contact or banking information that relates to you or to any other person, home addresses, postcodes, telephone numbers, email addresses, URLs, credit/debit card, or other banking details. If you choose to show or reveal any personal information about yourself to other members of fourplay, you do so at your own risk and agree to indemnify us of any liability.
You expressly acknowledge and agree that once you submit Your Content for inclusion into the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available.
YOU, AND NOT FOURPLAY, ARE ENTIRELY RESPONSIBLE FOR ALL OF YOUR CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES.
As a member of fourplay’s community, you understand and agree that we may monitor and review Your Content at any time and reserve all rights to remove, delete, limit, block, edit, or prevent access to any of Your Content at any time at our sole discretion. You also understand that we have no obligation to display or review Your Content.
7. INAPPROPRIATE CONTENT, MISCONDUCT, AND REPORTING
We mean it when we say fourplay has a zero tolerance policy for inappropriate content or behavior both on and off of our Services.
We will not tolerate any person who does not abide by this Agreement. We encourage and ask you to please report any inappropriate Member Content or misconduct by other members. You can report a member or a team by going into the mobile application and tapping “tools” >>>> “Cold Shoulder” >>>> “Report.” You can also email us at firstname.lastname@example.org with the subject line: Report.
8. SIGN-IN; PASSWORD; UNIQUE IDENTIFIERS
During the registration process we will ask you to create an account, which includes your e-mail address, phone number, a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your fourplay account, you must provide true, accurate, current, and complete information. Each Sign-In email address, phone number, and corresponding Password can be used by only one Member. You are solely responsible for the confidentiality and use of your Sign-In email address, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In email address, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In email address, or Unique Identifier at any time and for any reason. Fourplay will not be liable for any loss or damage caused by any unauthorized use of your account.
9. PAYMENT AND EXTERNAL SERVICE PURCHASES
Fourplay is a free mobile application for our members. Fourplay may offer other products and services for purchase through iTunes, Google Play, or other external services authorized by us (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). External Service Purchases may be processed through the External Services.
If you have a question about any charge on your credit card or PayPal statement, please contact customer service for the applicable External Service.
Please note that if you initiate a chargeback or otherwise reverse a payment made with your External Service Account, fourplay may terminate your account immediately in its sole discretion.
Generally, all purchases are final and nonrefundable. However, there are special terms that apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and the European Union. If you live in one of these states listed or in the EU, please contact us to learn more.
As a member of the fourplay community you are granted rights by us and, in return, you grant us rights.
Rights you grant fourplay: Although you retain all copyrights and other intellectual property rights in and to Your Content you do hereby grant us and our sublicensees a non-exclusive, perpetual, royalty-free, freely sublicensable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) Your Content, including the information you authorize us to access from Facebook or another third-party source (if applicable), in whole or in part, and all intellectual property and moral rights therein via the Services throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Fourplay’s license to your content shall be non-exclusive, except that fourplay’s license shall be exclusive with respect to any derivative works created through use of our Services. As an example, fourplay would have exclusive license to screenshots of our Services that include Your Content. Without limiting the foregoing, you acknowledge and agree that uses of Your Content permitted by the foregoing rights and licenses may include the display of Your Content adjacent to advertising and other material or content, including for profit. By allowing you to use our Services, you agree that we, our affiliates, and/or our third-party partners may place advertising on our Services. Please note that if you submit suggestions or feedback to us, regarding our Services, you agree that fourplay may use and share that feedback, for any reason or purpose, without compensating you.
You authorize fourplay to act on your behalf with respect to infringing uses of Your Content taken from our Services by other members or third parties so that we can prevent the use of Your Content outside of our Services. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Fourplay is not obligated to take any action with regard to use of Your Content by other members or third parties. Fourplay’s license to Your Content is subject to your rights under applicable law (such as laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
Though we work tirelessly to protect your personal information, there are some situations where we must disclose your information. You agree that fourplay may access, preserve, and disclose your account information, including Your Content if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
13. TERMINATING YOUR FOURPLAY ACCOUNT
You may terminate your fourplay account at anytime by:
Logging into the App
Tapping account at the bottom of your screen
Scrolling to the bottom of the page
Tapping Delete Account
Please remember that you will need to cancel or manage any External Service Purchases through your External Service Account to avoid additional billing.
14. COMMUNICATIONS TO US; USER CONTENT
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
15. NO WARRANTIES; LIMITATION OF LIABILITY
FOURPLAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY MEMBER OR ANY THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOURPLAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MEMBERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
FOURPLAY’S WEBSITE, MOBILE APPLICATION, ALL SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT YOU USE THE PLATFORM, THE SERVICES, AND THE CONTENT AT YOUR OWN RISK. WITHOUT LIMITING THE FORGOING, WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, THAT ANY CONTENT OR INFORMATION OBTAINED THROUGH FOURPLAY’S SERVICES WILL BE ACCURATE, OR THAT THE PLATFORM, THE SERVICES, THEIR SERVERS, OR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM, THE SERVICES, OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR PURCHASE OF THE PRODUCTS AND SERVICES OR YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES, OR THE CONTENT, INCURRED DIRECTLY OR INDIRECTLY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT SHALL FOURPLAY, ITS AFFILIATES, ITS EMPLOYEES, ITS LICENSORS, OR ITS PROVIDERS BE LIABLE FOR ANY LOSS OF DATA, USE, GOODWILL, OR ANY OTHER INTANGIBLE LOSS RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO USE OR ACCESS THE SERVICES, THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING THE USE OF THE SERVICES, OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF FOURPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL FOURPLAY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO FOURPLAY FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT WITH US.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 15 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
16. DEALINGS WITH OTHER MEMBERS; NO IDENTITY VERIFICATION OR CRIMINAL BACKGROUND CHECKS
BY USING OUR SERVICES YOU UNDERSTAND AND ACCEPT THAT FOURPLAY DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE ABOUT THE BACKGROUND OF ITS MEMBERS. WHEN MEMBERS SUBSCRIBE TO OUR SERVICES THEY MUST ENTER A VERIFICATION CODE SENT TO THEIR MOBILE DEVICE AS OUR WAY TO ENSURE MEMBERS ARE WHO THEY SAY THEY ARE. HOWEVER, FOURPLAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF OTHER MEMBERS ON THE SERVICES. FOURPLAY RESERVES THE RIGHT TO CONDUCT, AND YOU AUTHORIZE FOURPLAY TO CONDUCT, ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THIS PURPOSE. IF FOURPLAY DECIDES TO CONDUCT A SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS ON AND OFF THE SERVICES. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. TO READ OUR TIPS ON SAFE DATING TAP “TOOLS” IN THE APP AND THEN OPEN “SAFE DATING TIPS.” ALWAYS USE YOUR BEST JUDGEMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY FOURPLAY, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR. FOURPLAY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER ON AND OFF THE SERVICE AND YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICE OR MEET IN PERSON.
IMPORTANTLY, FOURPLAY MAKES NO GUARANTEES REGARDING THE NUMBER OF ACTIVE MEMBERS ON OUR SERVICES AT ANY TIME, THAT OTHER MEMBERS WILL DESIRE OR WANT TO COMMUNICATE WITH YOU AND/OR YOUR TEAMMATE AND WILL WANT TO MEET YOU AND/OR YOUR TEAMMATE, OR THAT YOU WILL BE COMPATIBLE WITH OTHER MEMBERS ON THE SERVICES.
FOURPLAY TAKES NO RESPONSIBILITY FOR YOUR CONTENT, OTHER MEMBER’S CONTENT, OR OTHER THIRD PARTY CONTENT THAT IS POSTED, SENT, OR RECEIVED THROUGH OUR SERVICES. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE INTENTIONS, LEGITIMACY, IDENTITY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COME ACROSS, COMMUNICATE WITH, AND MEET ON AND OFF THE SERVICES. PLEASE USE EXTREME CAUTION WHEN ACCESSING OR DOWNLOADING ANY MATERIAL OBTAINED FROM THE SERVICES BECAUSE YOU DO THIS AT YOUR OWN DISCRETION AND FOURPLAY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, OR MOBILE DEVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
You acknowledge and agree that fourplay shall not be liable for your interactions with any other members or third parties through the Services, including, without limitation, any Transactions, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other members or third parties. These dealings are solely between you and such other members and third parties. You agree and acknowledge that fourplay shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between members or between members and any third party, you understand and agree that fourplay is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other members, you hereby release fourplay, its officers, directors, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, the Platform, the Services, and the Transactions.
17. EXTERNAL SITES
The Platform and Service may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your negligence, gross negligence, recklessness and/or intentional actions (ii) your breach of this Agreement; (iii) your access to, use, or misuse of the Content, the User Content, the Platform, or the Services, and (iv) your violation of any third-party right, including without limitation any legal rights not including copyright, trademark, property, or privacy rights.
19. RESOLVING DISPUTES
If you are displeased with our Services, for any reason, whatsoever, please contact us first so that we can try and resolve your concerns amicably. Email us at email@example.com with the subject line: Dispute. If you choose to move forward with pursuing a claim against fourplay, the Terms of Section 20, Section 21, and Section 22 apply.
20. GOVERNING LAW, VENUE AND JURISDICTION
Except as otherwise required by applicable law, you and us agree that any judicial proceeding will be brought in a court of competent jurisdiction in Essex County, New Jersey. Both you and us consent to venue and personal jurisdiction there and waive any objections or rights as to forum non con sins, lack of personal jurisdiction or similar grounds. WE BOTH AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL. Each Party shall pay their own lawyer’s fees.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all prior or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
22. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
23. CHANGES TO THE SERVICES
We may change or discontinue, temporarily or permanently, any feature, component, or content of the Service at any time without notice. Fourplay is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Service.
24. CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Fourplay or its partners. It is your responsibility to carefully review those terms and conditions.
25. ENTIRE AGREEMENT
This Agreement supersedes any previous agreements or representations.