You agree to use the Site only in accordance with the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Registrant you will be required to indicate your acceptance to these Terms during the registration process. Use of the Site and its features and registration to be a Registrant (“Registration”) is void where prohibited.
By becoming a Registrant you represent and warrant that (a) all registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site or are a Registrant. You may terminate your Registration at any time, for any reason, by contacting Activate and notifying us of your desire to terminate the Registration. We may terminate your Registration at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Registration is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Site as a Registrant will terminate.
When you register to become a Registrant, you will be asked to enter your e-mail address and choose password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Site. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.
Registrants have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site. You agree not to use the Site for any unlawful purpose. Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
We may, but are not obligated to, allow you to upload content for display on the Site. This may be in the form of responses to blog posts, participation in support forums or other discussion threads and other through other means. If we allow this feature, please choose carefully the information you post on the Site, provide to other Users and/or otherwise make available to us and through the Site. Your content may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Registrants may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. As we state in more detail below, your use of the Site and its content is at your own risk. If you become aware of misuse of the Site or its features by any person, please click on the “Contact” link (http://www.activateplay.com/contact) on the Site pages and follow the directions as to how to contact us.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.
Activate does not claim any ownership rights in the text, files, images or any other materials (collectively, “Content”) that you post on the Site (if applicable). After posting your Content to the Site, you continue to retain any such rights that you may have in your Content, subject to the license herein.
By displaying, publishing or uploading Content on the Site, or otherwise submitting Content to us (collectively, “posting”), you hereby grant to Activate and its affiliates a irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Site for any reason and in connection with advertising and promoting the Site (including, for example, through screen shots and blogs) and/or our products in any media formats and through any media channels now existing or developed in the future. From time to time, we may remove Content from the Site, permanently or temporarily, provided that even if we do remove such Content from the Site, we shall have no obligation to cease our other uses of the Content as permitted above. Activate may also reject, refuse to post or delete any Content for any or no reason, including, without limitation.
You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.
The Site may contain Content provided by Activate (including third party content posted or displayed by Activate and not by a User), including, without limitation, text, images and logos (“Activate Content”). Activate Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Activate, Activate owns and retains all rights in the Activate Content and the features and functionality of the Site. Activate hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Activate Content (excluding any software code) solely for your personal use in connection with viewing the Site. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, assign, lease, sublicense, market or sell any portion of the Site or its features or any Content appearing on or through the Site. Your rights with respect to any Activate product or service covered by a separate license agreement will be as set forth in such agreement.
We assume no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time Activate chooses, in its sole discretion, to monitor the Site, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for your use of the Site, the Content that you post on or through the Site, and any material or information that you transmit to other Users and for your interactions with other Users.
Activate is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the Activate Content, Registrant Content or other Content posted on or through the Site, whether caused by us, by Registrants, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The Registrants’ Content does not necessarily reflect the opinions or policies of Activate. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Activate. When you access these third party sites, you do so at your own risk. Activate takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Activate is not responsible for the conduct, whether online or offline, of any Registrant of the Site including, without limitation, any Content posted by any Registrant. Activate assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Registrant communication. Activate is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Registrants or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Activate be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Activate event, from any Registrant Content posted on or through the Site, or from the conduct of any Users, whether online or offline. Additionally, Activate shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access Content or other materials through the Site.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
THE ACTIVATE SITE IS PROVIDED “AS-IS” AND AS AVAILABLE AND ACTIVATE HEREBY DISCLAIMS OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, TITLE, MERCHANTABILITY AND THOSE THAT ARISE FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. ACTIVATE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
You agree to indemnify and hold Activate, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.
We protect the confidentiality and security of your personal information by using industry-recognized security safeguards such as firewalls, coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorized alteration.
Our employees are required to safeguard your information and, using physical, electronic and procedural safeguards, we restrict access to personal information to those employees and agents for business purposes only. Additionally, we use internal and external resources to review the adequacy of our security procedures.
When we ask you for personal information, we tell you, or it will be clear, what we need to fulfil your request and how we will use the personal information. We do not sell or rent your personal information to anyone. We do not share your personal information with third parties for their promotional use.
Sometimes we enter into contracts with third parties so that they can provide our services under their brand label. In such a contract, we will sometimes provide the minimum necessary information to the other firm so that they can bill for services rendered. The contracts prohibit them from using any of your personal information for their own purposes, and they are required to maintain the confidentiality of the information we provide to them. We may disclose or report personal information in limited circumstances where we believe in good faith that disclosure is required under the applicable law. For example, we may be required to disclose personal information to cooperate with regulators or law enforcement authorities, to comply with a legal process such as court order, subpoena, search warrant or law enforcement request.
At any time, you can let us know whether or not you want to receive promotional material from us about our products or services. We want to provide you only the information you want. If you do not wish to receive such material, you can specify your preference during the information collection process or by emailing us at firstname.lastname@example.org.
You can update or correct your personal information by emailing us at email@example.com.
If you have privacy related questions that are not addressed here, please contact us at firstname.lastname@example.org.
We may use a variety of technologies on the Site. Among these are cookies; a piece of information that our Sites provide to your browser when you visit our Site. Cookies allow us to track overall Site usage and determine areas users prefer. Cookies also allow us to make your visit to our Site easier by recognizing you when you return and helping to provide you with a customized experience. You can freely choose to decline cookies while at our Site and it will not limit your ability to access the Web site. Most browsers accept and maintain cookies by default. Check the "Help" menu of your browser to learn how to change your cookie preference.
We also keep track of activity on our Site. We collect information such as IP address, browser type and version, and pages you view. We also keep track of how you got to our Site and any links you click on to leave our Site. Once you leave our Site, we do not track you. We use your Site activity to assist us in offering you a personalized web experience, assist you with technical support and to tailor our offerings to you.
We may access and set cookies using web beacons, also known as single-pixel GIFs which are invisible graphical images. These web beacons provide us useful information regarding our Site such as which pages user’s access. When we send you emails, we may include a single-pixel GIF to allow us to determine the number of people who open our emails. When you click on a link in an email, we record this individual response to allow us to customize our offerings to you.
To provide you with a seamless experience, we may occasionally use framing. Though your browser may indicate you are at ActivatePlay.net, you may be on a partner's site. To determine which site you are on, right-click on the site and then select "properties."
The Terms will be construed, and their performance enforced, under the laws of Oregon without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Portland for state court causes of action and in the District of Oregon for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Registrant (if applicable). The Terms constitute the entire agreement between you and Activate regarding the use of Site and its Content, services and features. The failure of Activate to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions. All waivers and amendments must be in a writing signed by both you and Activate.