Terms of Use

ATTENTION, NOTICE TO USER: THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH PLAYHIT.COM AND USE OF PLAYHIT'S SERVICES (AS SUCH TERM DEFINED BELOW) AVAILABLE ON PLAYHIT.COM. YOU MAY USE THIS SITE AND/OR THE SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE AND SERVICES. USING THIS SITE AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF USE"), DO NOT USE THIS SITE AND/OR SERVICE.

Acceptance of Terms of Use

PlayHit makes this Site including all information, graphics, documents, text, games and all other elements of the Site and all products offered on this Site and service operated through the Site ("Service"), available for your use subject to the terms and conditions set forth in this document. By accessing and using this Site, use of any PlayHit's Service available through this Site you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Site and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Site and/or Service. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Site, then you should NOT use the part of the Site, which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

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.

Please check the Terms of Use published on this Site regularly to ensure that you are aware of all terms governing your use of this Site. In addition, specific terms and conditions may apply to specific content, games, products, materials, Service or information contained on or available through this Site (the "Content") or transactions concluded through this Site. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

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 use of the Service through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your Device, loss of data, or other harm that results from such activities. PlayHit assumes no liability for any computer virus or other similar software code that is downloaded to your Device from the Site or in connection with any Service or products offered through the Site. No advice or information whether oral or written, obtained by you from PlayHit or from the Site shall create any warranty not expressly stated in the terms of use.

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.

Limitations

Any use of the Service in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the Service and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY PlayHit GAME OR THE SITE IS A VIOLATION OF PlayHit POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.

Term and Termination.

The term of this Terms of Use ("Term") shall begin when you start using this Site and/or Service and shall continue in perpetuity unless otherwise terminated by PlayHit by written notice. PlayHit expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate your use of the Service at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Use, you must immediately cease using the Service including without limitation any use of PlayHit's trademarks, trade names, copyrights and other intellectual property.

WITHOUT LIMITING ANY OTHER REMEDIES, PlayHit MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR PlayHit REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA/AVATAR AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND PlayHit IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

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.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO PlayHit IN CONNECTION WITH THIS SITE AND/OR SERVICE IS TRUE AND ACCURATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF USE; (iii) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF USE IN ACCORDANCE WITH APPLICABLE LAWS; AND (v) YOUR MATERIALS, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT ("USER MATERIALS") THAT YOU MAKE AVAILABLE TO PlayHit OR OTHER END USERS OF THE SITE EITHER VIA UPLOAD OR OTHER MEANS AND THAT ARE NOT PROVIDED BY PlayHit, OR SITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES

Third Party Materials

In order to use this Site and/or Service, you may need to obtain and/or use certain third-party products (i.e. Device), services and/or materials ("Third Party Materials"). Third Party Materials are (i) not licensed hereunder; (ii) not under PlayHit's control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of this Site and/or Service. The list of such Third Party Materials may be provided by PlayHit upon written request. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such 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.

Intellectual Property

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.

You hereby grant PlayHit and PlayHit accepts a non-exclusive and fully transferable, sublicensable and assignable royalty free right to store, load, adapt, modify, revise, transform, alter, create derivative works, install, execute, display and share with any third party or other users of PlayHit's Service (to "Use") User Materials in connection with the PlayHit's Service, on the Site in connection with PlayHit's games and Service pursuant to the terms and conditions of these Terms of Use with the right to sublicense to sublicensee(s) and end users any rights granted hereunder substantially on the terms and conditions set forth herein (the "License").

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;

Applicable Law

By using PlayHit's Service you agree that these Terms of Use and any other agreement relating to PlayHit's Services, Software, games, or other products shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. If you are a resident of the United States for purpose of determination of personal jurisdiction, the federal and state courts within the Commonwealth of Virginia shall have exclusive jurisdiction to adjudicate any dispute arising out of this Privacy Policy. You agree that this Privacy Policy is to be performed in the Commonwealth of Virginia and that any action, dispute, controversy, or claim that may be instituted based on this Privacy Policy, or arising out of or related to this Privacy Policy or any alleged breach thereof, shall be prosecuted exclusively in the state and federal courts in of the Commonwealth of Virginia and you, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that PlayHit as claimant shall be entitled to initiate proceedings in any court of competent jurisdiction. If you are a non-US resident you hereby agree that any dispute, controversy or claim arising or concerning this Privacy Policy shall be determined and settled by arbitration in accordance with the International Chamber of Commerce accordance with the Rules of Arbitration of the International Chamber of Commerce (the "Rules"). The claimant party shall appoint one arbitrator and the respondent party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint the third arbitrator, in accordance with the provisions of the Rules. The place of arbitration shall be Washington, DC, USA. The language of the arbitration shall be English. Any award granted by the arbitrator(s) shall be final and binding upon the involved parties and shall constitute the sole and exclusive remedy for any dispute between the involved parties regarding the issue at dispute resolved by such arbitration.

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.