PolyPlay’s Terms of Service

Last Update: December 19 2021
Welcome to PolyPlay.io.

The following terms of service (these “Terms of Service”), govern your access to and use of the PolyPlay website, including any content, functionality and services offered on or through www.PolyPlay.io (the “Site”) by EPEAK Studio USA Inc., 2945 Townsgate Road, Suite 20, Westlake Village, CA 91361, USA, as applicable. EPEAK Studio USA Inc., PolyPlay and its subsidiaries are collectively referred hereto as “PolyPlay” “we” or “us” and “you” or “user” means you as an user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and PolyPlay Payment Terms, found here (“Payment Terms”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the PolyPlay services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site

Our Customer Support team is available during office hours US Eastern time if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. 

Key Terms

Buyers are users who purchase services on PolyPlay.

Order Page is where Buyers and Vendors communicate with each other in connection with an order.

Orders are the formal agreements between a Buyer and Vendor after a purchase was made from a Vendor’s ServicePage.

Vendors are users who offer and perform services on PolyPlay.

Services are services offered to Buyers by Vendors on PolyPlay.

Vendor Service Page is a web page through which a Vendor advertises a service he is offering. On this page Buyers can select date/time for a service and see the cost. Vendor Service Pages can be customized by the Vendor via the Booking menu in the Vendor dashboard of PolyPlay.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on PolyPlay. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
• Buyers pay PolyPlay in advance to create an Order (see Payment Terms).
• Orders are purchased through the Order button found on a Vendor’s Service page or through a Custom Offer.
• For fees and payments please read the Payment Terms
• Vendors must fulfill their orders, and may not cancel orders on a regular basis or without cause.  Users may not offer or accept payments using any method other than placing an order through PolyPlay.io.
• When purchasing a Service, Buyers are granted all rights for the delivered work, unless otherwise specified by the Vendor on their Service page. PolyPlay retains the right to use all published delivered works for PolyPlay marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here.

Vendors

Basics

• Vendors create a Booking on the PolyPlay vendor Dashboard to allow Buyers to purchase their services.
• Each Service you sell and successfully complete, will result in a credit to your account equal to 80% of the purchase amount.
• PolyPlay credits Vendors once an order is completed. See our “Orders” section below for a definition of a completed order.
• For more information about receiving payments, fees and taxes see the Payment Terms.
• The Vendor’s rating is calculated based on the order reviews posted by Buyers. In certain cases, exceedingly low ratings may lead to the suspension of the Vendor’s account.
• For security concerns, PolyPlay may temporarily disable a Vendor’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple PolyPlay accounts to a single withdrawal provider.
• Vendors are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Services

• Services created on PolyPlay are User Generated Content as described below.
• Services and/or users may be removed by PolyPlay from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Support form
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of Services
  • Spam, nonsense, or violent or deceptive Services
  • Services misleading to Buyers or others
  • Reselling of regulated goods
  • Offering to prepare academic works on behalf of Buyers
  • Exceedingly low quality Services
  • Promoting PolyPlay and/or PolyPlay Services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
• Services that are removed for violations mentioned above, may result in the suspension of the Vendor’s account.
• Services that are removed for violations are not eligible to be restored or edited.
• Services may be removed from our Search feature due to poor performance and/or user misconduct.
• Services may include pre-approved website URLs contained within the Service page description and requirements box. Services containing websites promoting content, which violates PolyPlay’s Terms of Service and/or our Community Standards, will be removed.
• Services are required to have an appropriate Service image related to the service offered. An option to upload additional Service images are available to all Vendors. 
• Statements on the Service Page that undermine or circumvent these Terms of Service is prohibited.

BUYERS

Basics

• You may not offer direct payments to Vendors using payment systems outside of the PolyPlay platform.
• PolyPlay retains the right to use all publicly published delivered works for PolyPlay marketing and promotional purposes.

Purchasing

• Please refer to the Payment Terms for making Payments through the PolyPlay platform and to learn about fees and taxes.
• You may not offer Vendors to pay or make payment using any method other than through the PolyPlay.io site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

ORDERS

Basics

• Buyers first request “Check Availability” with the Vendor by submitting a request through a Vendor’s Service page. Right away, an order ID is created.
• Vendors must confirm bookings in order to confirm the order. Vendors must deliver work at the booked date and time of the confirmed order, or completed files and/or proof of work using the platform.
• Upon Vendor confirmation, the Buyer is invited to complete payment for the order.
• Once payment is confirmed and the Vendor is bound to fulfill the Service.
• In the event of an Order not being fulfilled, the Order may be canceled after review or dispute resolution.
• At any time, Buyer and Vendor can discuss the details of an Order via Support tickets from within their respective Dashboards.
• An Order is marked as Complete after it is Delivered by a Buyer.We encourage our Buyers and Vendors to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact PolyPlay’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
• Certain Services that offer local services might require Buyers and Vendors to meet in person in order for the Vendor to perform the service. In such cases, users should note that PolyPlay does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Vendors. Both Buyers and Vendors agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and PolyPlay has no responsibility or liability related to any local services provided by the Vendors. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. PolyPlay’s Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).

Handling Orders

• When a Buyer orders a Service, the Vendor is notified by email as well as notifications on the site while logged into the account.
• Vendors are required to meet the delivery date and time from the booking made by a Buyer which they subsequently confirmed on PolyPlay. Failing to do so will allow the Buyer to cancel the Order. Vendors must deliver their service at the agreed date, time and location agreed upon with the Buyer. 
• Vendors must immediately notify PolyPlay in the event of a no-show by a Buyer, and Buyers must keep a record of their performance with proof in the event of a dispute related to no-show at a booking.
• Upon request by PolyPlay, Buyers shall provide access to PolyPlay to assess performance, timeliness of delivery by Vendor and potential Vendor issues (such as audio of poor quality, failure of response for adjustments). Upon request by PolyPLay, Vendors shall provide access to PolyPlay to assess  performance of Buyers’ obligations, such as delivery medium,, access issues and missing material to perform delivery.
• Users are responsible for scanning all transferred files for viruses and malware. PolyPlay will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

• Feedback reviews provided by Buyers while completing an Order are an essential part of PolyPlay’s rating system. Reviews demonstrate the Buyer’s overall experience with the Vendors and their service. Buyers are encouraged to communicate to the Vendor any concerns experienced during their active order in regards to the service provided by the Vendor.
• Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the PolyPlay platform from users within our Community. Purchases arranged, determined to artificially enhance Vendor ratings, or to abuse the PolyPlay platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by Buyers are publicly displayed on a Vendor’s Service page.
• Withholding the delivery of services, files, or information required to complete the Service’s service with the intent to gain favorable reviews or additional services is prohibited.
• Vendors may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Disputes and Cancellations

We encourage our Buyers and Vendors to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact PolyPlay’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

User Conduct and Protection

Basics

• To protect our users’ privacy, user identities are kept anonymous. Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of PolyPlay in order to circumvent or abuse the PolyPlay messaging system or PolyPlay platform is prohibited. If Buyers and Vendors decide to share personal contact details, their personal responsibility is engaged and PolyPlay’s responsibility is waived.
• Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
• PolyPlay does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
• PolyPlay does not provide protection for users who interact outside of the PolyPlay platform.
• All information and file exchanges must be performed exclusively on PolyPlay’s platform.
• Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
• PolyPlay is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
• Users may not submit proposals or solicit parties introduced through PolyPlay to contract, engage with, or pay outside of PolyPlay.

Orders

• Users with the intention to defame competing Vendors by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
• Users are to refrain from spamming or soliciting previous Buyers or Vendors to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Services

• Users may report Services to Customer Support that may be in violation of PolyPlay’s Terms of Service based on the reported Service’s replicated similarity to pre-existing services (copycat Services).
• Vendors warrant that any content included in their Services shall be original work conceived by the Vendors and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. 
• PolyPlay will respond to clear and complete notices of alleged copyright or trademark infringement. For Intellectual Property claims, please visit our support page.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Vendor statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – PolyPlay does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on PolyPlay should be friendly, constructive, and professional. PolyPlay condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or orders.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Vendors further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of PolyPlay will not be protected by our Terms of Service.

Authentic PolyPlay Profile – You may not create a false identity on PolyPlay, misrepresent your identity, create a PolyPlay profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. PolyPlay reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – PolyPlay will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Submit a clain via our support form.

Fraud / Unlawful Use – You may not use PolyPlay for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active PolyPlay account and one active PolyPlay Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the PolyPlay community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of PolyPlay’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on PolyPlay. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell PolyPlay accounts.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by PolyPlay. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, PolyPlay owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

Feedback Rights

To the extent that you provide PolyPlay with any comments, suggestions or other feedback regarding the PolyPlay platform or the Site as a whole, as well as other PolyPlay products or services (collective, the “Feedback”), you will be deemed to have granted PolyPlay an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. PolyPlay is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Vendors should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Vendors for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Vendors specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

• PolyPlay reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
• Violation of PolyPlay’s Terms of Service and/or our Community Standards may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on PolyPlay.
• Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• Users have the option to enable account Security features to protect their account from any unauthorized usage.
• Disputes should be handled using PolyPlay’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting PolyPlay Customer Support.
• PolyPlay may make changes to its Terms of Service from time to time. When these changes are made, PolyPlay will make a new copy of the terms of service available on this page.
• You understand and agree that if you use PolyPlay after the date on which the Terms of Service have changed, PolyPlay will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to PolyPlay by our users (Buyers and Vendors) is User Generated Content. PolyPlay does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the PolyPlay platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, PolyPlay is not responsible for the content, quality or the level of service provided by the Vendors. We provide no warranty with respect to the Services, their delivery, any communications between Buyers and Vendors. We encourage users to take advantage of our review system and common sense in choosing appropriate services.

By offering a service, the Vendor undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on PolyPlay. Vendors advertising online their Service must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service as applicable, and may lead to the suspension of Vendor’s Account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please contact us here.

Ownership

Ownership and limitations: When purchasing a Service on PolyPlay, unless clearly stated otherwise on the Vendor’s Service page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Vendor, and the Vendor waives any and all moral rights therein. Accordingly, the Vendor expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Service, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Vendor agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer.

Furthermore, users (both Buyers and Vendors) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to PolyPlay, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by PolyPlay for no consideration for marketing and/or other purposes.

Interpretation Commercial Buy-Out

When purchasing an Interpretation Service, the Vendor grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Interpretation  (except for commercials, radio, television and internet commercial spots).

By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Vendor grants you with a license to use the Interpretation for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.

By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Vendor grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to PolyPlay’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Vendor nor PolyPlay will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PolyPlay NOR ANY PERSON ASSOCIATED WITH PolyPlay MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL POLYPLAY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT, SHALL POLYPLAY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SERVICE EXCEED THE AMOUNTS PAID BY YOU TO POLYPLAY  HEREUNDER.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with PolyPlay, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.