PlayHit reserves the right to make changes or updates with respect to or in the Content of the Site or the format thereof at any time without notice. PlayHit reserves the right to terminate or restrict your access to the Site for any reason whatsoever at its sole discretion.
Description of Service
Through use of your personal computer or other electronic devices ("Device") and this Site you may play PlayHit's games and use related Services available on the Site.
Warranties and disclaimers
Although care has been taken to ensure the accuracy of the information on this Site, PlayHit assumes no responsibility therefor. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." PlayHit HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. PlayHit DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. PlayHit DOES NOT WARRANT THAT THE SITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY PlayHit ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by PlayHit in writing, contractors, agents, dealers or distributors of PlayHit or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
The Site may contain references to specific PlayHit games and Service that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or Service shall be available at any time in any particular country or Device.
IN NO EVENT SHALL PlayHit OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT, PRODUCTS, SERVICE, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS SITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF PlayHit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST PlayHit PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO PlayHit IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL CIRCUMSTANCES.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
Term and Termination.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
PlayHit reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, unless such suspension or termination is caused by PlayHit's grossly negligent or willful acts, PlayHit shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY.
Third Party Materials
PlayHit may also participate in a third party affiliate programs utilizing its Products, services and Site ("Affiliate Programs"). Most of these Affiliate Programs work seamlessly with the PlayHit's games and/or Services and do not effect or interfere with your operation of Site, games and/or Services or your user-experience, at the same time, essentially enabling PlayHit to be credited for the results of your searches and user-activity on the Site. PlayHit's participation in the Affiliate Programs enables PlayHit to enhance your enjoyment of Site, games and/or Services, while allowing PlayHit to provide you with high quality free content that you can enjoy while visiting our Site and playing our games and using our Services. Please note however that such Affiliate Programs are not under PlayHit's control and subject to the applicable licenses, privacy policies and terms and conditions.
You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Site and/or Content (including but not limited to Software, Service, audio, video, text and photographs) rests with PlayHit and/or its licensors PlayHit and/or its licensors are the sole and exclusive owners thereof. All rights in the Site and/or Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site and/or Content, its products or Service except as expressly authorized herein. Except as otherwise provided, the Content published on this Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of PlayHit is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
PlayHit hereby disclaims any rights to trademarks, Service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. PlayHit disclaims any proprietary interests in the intellectual property rights other than its own.
Information Provided By You/Feedback
You may from time to time provide suggestions, specifications, comments or other feedback to PlayHit via PlayHit's forums or otherwise with respect to PlayHit's Site, games or Services (hereinafter "Feedback"). You hereby agree that all Feedback is and shall be entirely voluntary and (i) shall be deemed a derivative work based on PlayHit's proprietary materials, (ii) shall be owned by PlayHit, and (iii) absent separate agreement, shall not create any confidentiality obligation for PlayHit. However, PlayHit shall not disclose the source of any Feedback without yours consent. Except as otherwise provided herein, PlayHit shall be free use such Feedback as it sees fit, entirely without obligation of any kind.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PlayHit's Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying PlayHit and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PlayHit does not bear any responsibility nor assumes any risks if by any reason a product or a Service made available on this Site breaches national law of any state. Those who access this Site do so on their own initiative and are responsible for compliance with their national laws.