ACCEPTANCE OF TERMS OF USE

goPlay Social, Inc. (“goPlay” "we" or “us” or “our”) owns and operates the app, www.goplay.gp, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, "App"). By using the App and goPlay’s services through the App, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. These terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the App with crawlers, robots, data mining or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE APP AND DO NOT USE ANY GOPLAY SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE APP.

1. BASIC TERMS
2. TERMS OF SALE
3. MERCHANT TERMS
4. DISCLAIMER OF WARRANTY
5. PRIVACY POLICY
6. SHIPPING AND RETURNS

Basic Terms 

1. You must be 13 years or older to use this site.

2. You may not post nude, partially nude, or sexually suggestive photos.

3. You are responsible for any activity that occurs under your screen name.

4. You are responsible for keeping your password secure.

5. You must not abuse, harass, threaten, impersonate or intimidate other goPlay users.

6. You may not use the goPlay service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the goPlay service.

8. You must not modify, adapt or hack goPlay or modify another website so as to falsely imply that it is associated with goPlay.

9. You must not access goPlay's private API by any other means other than the goPlay application itself.

10. You must not crawl, scrape, or otherwise cache any content from goPlay including but not limited to user profiles and photos.

11. You must not create or submit unwanted email or comments to any goPlay members ("Spam").

12. You must not use web URLs in your name without prior written consent from goPlay Social inc.

13. You must not transmit any worms or viruses or any code of a destructive nature.

14. You must not, in the use of goPlay, violate any laws in your jurisdiction (including but not limited to copyright laws).

15. Violation of any of these agreements will result in the termination of your goPlay account. While goPlay prohibits such conduct and content on its site, you understand and agree that goPlay cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the goPlay service at your own risk.

General Conditions

1. We reserve the right to modify or terminate the goPlay service for any reason, without notice at any time.

2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

3. We reserve the right to refuse service to anyone for any reason at any time.

4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.

5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Proprietary Rights in Content on goPlay

1. goPlay does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the goPlay Services. By displaying or publishing ("posting") any Content on or through the goPlay Services, you hereby grant to goPlay a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the goPlay Services.

2. Some of the goPlay Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that goPlay may place such advertising and promotions on the goPlay Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

3. You represent and warrant that: (i) you own the Content posted by you on or through the goPlay Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the goPlay Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the goPlay Services.

4. The goPlay Services contain Content of goPlay ("goPlay Content"). goPlay Content is protected by copyright, trademark, patent, trade secret and other laws, and goPlay owns and retains all rights in the goPlay Content and the goPlay Services. goPlay hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the goPlay Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the goPlay Services.

5. The goPlay Services contain Content of Users and other goPlay licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the goPlay Services.

6. goPlay performs technical functions necessary to offer the goPlay Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the goPlay Services.

7. Although the Site and other goPlay Services are normally available, there will be occasions when the Site or other goPlay Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of goPlay. Also, although goPlay will normally only delete Content that violates this Agreement, goPlay reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by goPlay in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, goPlay encourages you to maintain your own backup of your Content. In other words, goPlay is not a backup service. goPlay will not be liable to you for any modification, suspension, or discontinuation of the goPlay Services, or the loss of any Content.

Terms of Sale

By purchasing any Merchant Offering, Product or participating in other available programs via the App, you agree to the Terms of Use, including, without limitation, the Terms of Sale specified below.

(a) In General

Descriptions of the Merchant Offerings and Products advertised on the App are provided by the Merchant or other referenced third parties. goPlay does not investigate or vet Merchants. goPlay is not responsible for any claims associated with the description of the Merchant Offerings or Products. Pricing relating to certain Merchant Offerings, Products, and other available programs on the App may change at any time in goPlay’s sole discretion without notice.

A Merchant may advertise goods, services or experiences on the App, or with respect to Products, supply products to goPlay, that require Merchant to have an up-to-date regulatory authorization, license, or certification. goPlay does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including, without limitation, but not limited to, Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering or Product to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.

goPlay is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the App. The App is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the App.

goPlay may, in its sole discretion, verify a user’s identity prior to processing a purchase. goPlay may also refuse to process a purchase, may cancel a purchase, or may limit quantities or shipment to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Use. Refunds for cancelled orders may be issued where appropriate.

If an offer becomes unavailable between ordering and processing, goPlay will either cancel or not process the order and will notify you by email.

goPlay does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. goPlay reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the App. If this occurs, goPlay will attempt to notify you by email. In addition, goPlay reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.

(b) Vouchers

Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release goPlay and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.

By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase (the “fine print” regardless of how labeled), the Terms of Use and these Terms of Sale. These rules apply to all Vouchers that we make available, unless a particular Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s fine print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms of Use (including, without limitation, the Terms of Sale) will render the Voucher void.

The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings and Products on the App may change at any time in goPlay’s discretion, without notice.

·       Additional terms applicable to traditional Vouchers. A traditional Voucher is any Voucher other than a Coupon, ticket, a Local Pick-Up Voucher (described below), or a Voucher redeemable for ticketed events. A traditional Voucher has two separate values: (i) the amount paid and (ii) the promotional value. The promotional value is the additional value beyond the amount paid. For example, if you pay $20 for a Voucher that entitles you to $50 of goods, services or experiences from a Merchant, the amount paid is $20 (this amount does not expire until it is used or is refunded) and the promotional value is $30 (this amount expires on the date stated on the Voucher unless expiration of the promotional value is prohibited by law). The Merchant is responsible for permitting you to redeem the Voucher for at least the amount paid, even after the promotional value has expired. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional Voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional Vouchers are not reloadable, meaning that the amount paid of the Voucher cannot be increased, but are fully transferrable.

(c) Products

Products that you purchase through the App are subject to the terms below:

·       Orders.

o   When you purchase a Product, an item sold by goPlay Social, Inc. or any other goPlay entity that sells products (“goPlay”), clicking the “Complete Order” button constitutes an offer to buy the Products. Your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a contract with you.

o   If you wish to cancel your order before delivery or change the quantity of the Products purchased or the delivery address, please contact us within 2 hours of your purchase. Once that window closes, we cannot make changes to your order, although you may be eligible to make returns as outlined in these Terms of Sale, the goPlay Return Policy and the offer’s deal terms.

·       Shipping and Delivery.

o   Shipment and tracking options and applicable charges will be stated in the deal terms and will vary by offer. Shipment may be limited to specific geographic locations.

o   Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.

o   We may have to cancel an order before your Products are delivered; if this happens, we will attempt to notify you at the email address that is registered with your account.

o   When Products are delivered to the delivery address provided at checkout, risk of loss and legal title to those Products will transfer to the recipient (i.e., the Products will become the recipient's personal property).

o   It is your responsibility to ascertain and obey all applicable local, state, provincial, territorial, federal and international laws (including, without limitation, minimum age requirements) relating to the receipt, possession, use and sale of any Product.

·       Returns.

o   Most Products may be returned to us, subject to the goPlay Return Policy, but certain Products are final sale and may not be returned unless defective, as set forth in the Return Policy and the offer’s deal terms.

o   goPlay takes legal title to returned Products only after the Products arrive and are processed at the designated returns destination. goPlay reserves the right, but has no obligation, to issue a refund without requiring a return. In this situation, goPlay does not take title to the returned Products.

o   For purchases that qualify for a refund, goPlay will issue a refund within 14 days after processing of a properly returned shipment. If stated, applicable shipping charges and restocking fees may be deducted from your refund.

o   We reserve the right to refuse to issue a refund and to recover the cost of the return delivery from you in the event that any Products you return: (i) are not eligible for return, in accordance with the goPlay Return Policy or the offer’s deal terms, or (ii) are found to have suffered damage after delivery to you or have been misused or used other than in accordance with the Product directions or instructions.

·       Pricing, Products, and Accuracy.

o   Products shipped within the U.S. and Canada are subject to applicable taxes, customs, and duties depending on your country of residence and will be added at checkout.

o   Advertised prices may include shipping and delivery charges. If delivery charges are not included in the advertised price, such costs will be calculated and added at checkout.

o   The "value" price identified in an offer may be based on a survey of other online merchants, tied to a particular merchant’s current or former price or suggested by either the manufacturer or our supplier; they are not necessarily representative of current prices of other online merchants or the prevailing retail price in every area.

o   Occasionally there may be an error or omission related to the pricing of advertised Products. We will use reasonable efforts to correct any pricing errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any pricing information related to Products for sale. If there was a pricing error or omission and you have already purchased a Product: (i) if the actual price of the Product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the Product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.

o   Unless stated otherwise in the offer's deal terms, all Products are sold AS IS. See the Disclaimer of Warranty in the Terms of Use.

o   While we work to ensure that the Product description and information on the App is correct, we cannot guarantee that Product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions that accompany the Products before use. If a Product is not as described, your sole remedy is to return it to goPlay in unused condition.

o   We have taken reasonable steps to display as accurately as possible the colors and other details of Products we sell. However, the colors and details you see on the App will depend on the equipment you use to view the App. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual Products.

o   Certain Products you purchase through the App may be subject to export control laws and regulations if shipped outside the United States. It is your responsibility to ensure that any export or re-export complies with all applicable restrictions and regulations, including, without limitation, the Export Administration Regulations (“EAR”) administered by the Department of Commerce, the International Traffic in Arms Regulations administered by the Department of State, and all sanctions programs administered by the Treasury Department’s Office of Foreign Assets Control (“OFAC”). You further agree that no Products sold through this App will be exported or re-exported to Cuba, Iran, North Korea, Sudan, Syria, or any country subject to a comprehensive embargo administered by OFAC, and you agree that no Products sold through this App will be exported or re-exported to any person or entity on the Specially Designated Nationals List administered by OFAC, the Entity List or Denied Persons List of the EAR, or any similar list of prohibited parties administered by the United States government.

(d) Merchant Products

Through the App, certain Merchants allow you to purchase various products directly from the Merchant. Terms and conditions regarding shipping, delivery, and returns will vary by Merchant and will be stated in the Merchant’s deal terms. Charges for delivery and applicable sales taxes will be added at checkout. Once you click the “Buy” button, goPlay will notify the Merchant of your requested order. Your purchase is not complete until you receive an email from goPlay confirming whether or not the Merchant has accepted your order. Merchant is solely responsible for all Merchant Products purchased through the App.

(e) Coupons

Coupons are offered by Merchants to consumers throughout the App, including, without limitation, a portion of the App dedicated to Coupons. Coupons are subject to the terms and conditions as specified by the Merchant. By obtaining or purchasing a Coupon through the App, you acquire the right to redeem the Coupon with the Merchant. Any service fee retained by goPlay from the sale of a Coupon, if applicable, is compensation to goPlay for marketing, promoting, advertising and distributing the Coupons on behalf of the Merchant. As the issuer of the Coupon, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Coupons have no cash or residual value. goPlay does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. goPlay is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Coupon.

(f) Merchant Gift Cards

Merchant Gift Cards are offered by Merchants to consumers subject to the terms and conditions specified by the Merchant on the face of the Merchant Gift Card. By obtaining or purchasing a Merchant Gift Card through the App, you acquire the right to redeem the Merchant Gift Card with the Merchant. Any service fee retained by goPlay from the sale of a Merchant Gift Card is compensation to goPlay for marketing, promoting, advertising and distributing the Merchant Gift Cards on behalf of the Merchant. As the issuer of the Merchant Gift Card, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. goPlay does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. goPlay is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Merchant Gift Card.

(g) Online Ordering

Through the App, certain Merchants allow you to place and pay for food delivery orders and take out. Restrictions regarding availability of delivery and take out services will vary by Merchant and will be stated in the Merchant’s deal terms. Any charges for delivery or takeout, or applicable sales taxes will be added at checkout. Once you click the “Confirm Order” button, goPlay will notify the Merchant of your requested order. Your purchase is not complete until you receive an email from goPlay confirming whether or not the Merchant has accepted your order. Merchant is solely responsible for all delivery and takeout services provided on the App.

Merchant Terms

Effective date 8/01/2015

1. Voucher Program.

1.1. Voucher Information

goPlay shall promote the Voucher per Section 1.2. Merchant is the seller of the goods and services described in Voucher. The Voucher itself will be sent to the purchaser electronically. The purchaser will then redeem the Voucher from the Merchant.

a. Merchant is making the Merchant Offering available pursuant to the Vouchers.

b. Delivery of deals: goPlay may offer the Merchant's Voucher up to the maximum quantity listed above in a variety of formats: through its feature deal, through its various side deals, or through its marketplace. All of these formats may be offered to part or all of goPlay's user base. Merchant will be notified prior to any new delivery of deal for final approval.

c. Each Voucher will be subject to no restrictions other than as provided herein. Each Voucher will expire on the Voucher Expiration Date. However, after the Voucher Expiration Date, Merchant shall, for the amount of time required by applicable law: (1) continue to allow unredeemed Vouchers to be redeemed for the product or service specified on the Voucher or (2) allow the Voucher to be redeemed to purchase goods or services from Merchant for up to the amount the purchaser paid for the Voucher. Merchant is aware and acknowledges that the law may require Merchant to redeem Vouchers beyond their stated expiration dates, and Merchant agrees to do so (to the extent applicable law requires).

d. Partial redemptions: If a customer redeems a Voucher for less than its face value, the Merchant will be responsible for issuing a credit or cash equal to the difference between the face value and the amount redeemed if required by law.

e. Merchant agrees that in providing the goods/services that are the subject of the Voucher, it will not impose any extra or additional fees or charges that contradict the terms set forth on the face of the Voucher.

f. Merchant will comply with the Special Instructions (if any).

1.2 Voucher Sale. Merchant authorizes goPlay to offer, sell and distribute Vouchers, in accordance with this Agreement and subject to the ”Terms of Sale” located at http://www.goplay.gp/terms-of-sale and the restrictions set forth in this Agreement. Merchant acknowledges that goPlay may terminate the publication or promotion of the Voucher at any time. goPlay reserves the right to increase the Volume Threshold at its sole discretion.

1.3 Voucher Publication and Delivery. Vouchers shall be published on the App in accordance with Section 1.1. goPlay will offer the Vouchers for sale on dates in its discretion. If there is a Maximum Number of Vouchers designated, goPlay will use reasonable efforts to cease publishing the Voucher once it has received offers to buy that number of Vouchers equal to the Maximum Number of Vouchers. The last date on which goPlay publishes the Voucher for sale to its users shall be considered the “Run Date”.  Once a Voucher is purchased and delivered to the purchaser, Merchant shall be solely responsible for all customer service in connection with the Voucher and for supplying all goods and services specified in the Voucher. goPlay further reserves the continuing right, but shall not be obligated, to reject, revise, or discontinue publishing any Voucher and to require Merchant to edit or modify the same for any reason, including, without limitation, to conform the Voucher to goPlay specifications or applicable Laws.

1.4 Payment. goPlay shall remit payment to Merchant according to the schedule and terms set forth in this Section 1.4. goPlay will pay Merchant the Remittance Amount for each Voucher properly purchased for which a purchaser has fully paid goPlay. Merchant is registered for sales and use tax collection purposes, and shall be responsible for paying all sales and use taxes related to the goods and services described in the offer. goPlay shall forward one-third of the then-collected Remittance Amount Total to Merchant within five (5) business days after the Run Date, one-third of the then-collected Remittance Amount Total within thirty (30) business days after the Run Date, and one-third of the then-collected Remittance Amount Total within sixty (60) business days after the Run Date. Amounts retained by goPlay are compensation to goPlay for the service of advertising and selling the Vouchers for Merchant.

1.5 Deposit Merchant acknowledges that by virtue of this Agreement they are going to receive funds that have been remitted to goPlay by its end customers which effectively amount to prepaid customer deposits that Merchant will be holding onto until such time as the goods and/or services are delivered. Merchant shall insure that at all times these funds remain available to be returned to goPlay and/or its customer if Merchant is either unable or unwilling to perform its obligations under this Agreement. The obligation to keep these funds in tact applies to both the Merchant and the authorized agents or executors of this Agreement. goPlay shall have uncontested title and ownership on all amounts that have been paid by goPlay to Merchant until such time as the Merchant fulfills its obligations under the terms of this Agreement and delivers the end goods or services as defined herein. Furthermore, the Merchant acknowledges that in the event of a bankruptcy proceeding or other liquidation, any funds which are being held by Merchant for good or services not delivered shall be immediately returned to goPlay, and no third party shall have any right or claim to these funds which are being held by Merchant but which solely belong to goPlay and its end customers. Should the amount of the Deposit exceed $50,000 in the aggregate, goPlay reserves the right to review Merchant's credit history prior to advancing funds.

1.6 License. Merchant grants to goPlay a non-exclusive worldwide license and right to use, reproduce, display, distribute and transmit the Merchant's name, logo and any trademarks ("Merchant Marks") and any photographs, graphics, artwork, text and other content provided or specified by Merchant ("Content") in connection with the marketing, promotion, sale or distribution of Vouchers, in any and all media or formats in which such Vouchers are marketed, promoted, transmitted, sold, or distributed, including but not limited to, on the goPlay App.

2. Term and Termination.

This Agreement shall continue in effect for the longer of one (1) year following the Effective Date or the last date when a customer of goPlay redeems a Voucher offered by Merchant through goPlay. goPlay may terminate this Agreement at any time for any reason by giving the Merchant written notice of such termination. The expiration of the Term shall not in any way affect the purchaser’s usage of the Voucher, or Merchant's obligation for redemption of the Voucher. Upon execution of the Agreement, Merchant agrees that Merchant will not promote an online or mobile offer with respect to the products or services described in this Agreement of similar or greater value while the Voucher is on feature in the goPlay App. Sections 3, 4, 5, 6 and any claims for payments due goPlay, including but not limited to section 1.5 hereunder shall survive any expiration or termination of this Agreement.

3. Merchant Representations and Warranties, and Indemnification.

3.1 Merchant represents and warrants throughout the Term that: (a) Merchant has the right, power and authority to enter into this Agreement; (b) Merchant is registered for sales and use tax collection purposes in all states in which Merchant's goods and services will be provided pursuant to the terms and presentation of the Voucher; (c) the Voucher, upon being Activated and delivered by goPlay shall be available immediately for redemption by the purchaser; (d) the terms and conditions of the Voucher, including any discounts or goods and services offered thereunder, comply with all, and do not and will not violate any, local, state or federal law, statute, rule, regulation, or order ("Laws"), including but not limited to, any Laws governing vouchers, gift cards, coupons, and/or gift certificates; (e) Merchant owns all right, title and interest in the Marks and Content and has the right to grant the licenses in the Marks and Content stated in this Agreement; (f) the Vouchers and any advertising or promotion of Merchant's products and services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable Laws; and (g) the Marks and the Content do not and will not violate any copyright, trademark, or other intellectual property right or right of privacy or publicity of any third party or any Laws.

3.2 Merchant agrees to defend, indemnify and hold goPlay, its affiliated and related entities, and any of their officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to attorney's fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by Merchant of this Agreement or the representations and warranties stated in Section 3.1; (b) any claim for state sales or use tax obligations ("Taxes") arising from the sale and subsequent redemption of a Voucher; (c) any claim by any local, state or federal governmental entity for unredeemed Vouchers or unredeemed cash values of Vouchers or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest ("Abandoned Property Claims"); or (d) any claim arising out of or relating to the products and services provided by Merchant, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages. Without limiting the foregoing, Merchant shall pay any monies owed to any party, as well as all attorney's fees, related to any action against, or determinations against, goPlay related to any action to pursue goPlay for Taxes or Abandoned Property Claims.

4. Compliance with Gift Card, Gift Certificate and Abandoned Property Laws.

Merchant further agrees to comply with the Voucher terms and conditions as set forth on the App, and to ensure that the Vouchers comply with any and all Laws that govern vouchers, gift cards, coupons, and/or gift certificates, including but not limited to, the Credit Card Act of 2009 and any state or local Laws governing the imposition of expiration dates, service charges, dormancy fees or other terms and conditions of the Voucher. Merchant shall allow the purchaser to redeem the Voucher with Merchant for the amount paid by purchaser for the Voucher (i.e. the cash or redemption value of the Voucher) for the applicable term specified under applicable state or federal Laws and shall allow the cash redemption of the Vouchers as required by applicable state or federal Laws. To the extent required by applicable escheat or abandoned or unclaimed property Laws, Merchant shall be solely responsible for and agrees to report and pay over to the applicable local, state or federal governmental agency any unredeemed cash value of any Voucher issued under this Agreement. Merchant is responsible for keeping track of the cash amount paid by the purchaser for the Voucher and any unredeemed balance of that cash amount to ensure compliance with this section 4. Furthermore, Merchant agrees that so long as an appointment is made for the redemption of a voucher before the expiration date, the voucher will be fully honored without restriction even though the services may be fulfilled after the redemption date.

5. Confidentiality and Intellectual Property Rights.

5.1 The terms of this Agreement are confidential, and Merchant agrees to not disclose the terms described herein to any party (other than its employees, parent companies, and shareholders on a need-to-know basis only after each has taken the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such individuals). The terms contained herein are confidential between goPlay and Merchant and not known to the general public outside of this Agreement, thus any breach of this confidentiality provision by Merchant shall be considered a material breach of this Agreement and will result in irreparable and continuing damage to goPlay for which there will be no adequate remedy at law; and in the event of such breach, goPlay will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).

5.2 Merchant agrees and acknowledges that goPlay owns all right, title, and interest in the goPlay App, goPlay trademarks, and any software, technology or tools used by goPlay to promote, market, sell, generate, or distribute the Vouchers (collectively the "goPlay IP"). Merchant shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the goPlay IP or any portion thereof, or use such goPlay IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. Merchant shall not prepare any derivative work based on the goPlay IP. Merchant shall not translate, reverse engineer, decompile or disassemble the goPlay IP.

6.Limitation of Liability.

EXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE OR OBLIGATED TO THE OTHER PARTY OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, GOPLAY'S SOLE AND COMPLETE LIABILITY TO MERCHANT FOR ANY CLAIMS ARISING OUT OF RELATING TO THIS AGREEMENT OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF THE VOUCHERS SHALL BE LIMITED TO THE AMOUNT OF OPPORTUNITY FEES PAID HEREUNDER. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.

Any claim arising out of or relating to any error or omission in a Voucher must be made within one (1) year of first publication of the Voucher. Otherwise, the claim shall be deemed waived by Merchant.

7. Other

The Parties are independent contractors. Nothing in this Agreement shall be construed to create a joint venture, partnership, franchise, or an agency relationship between the Parties. Neither Party has the authority, without the other Party’s prior written approval, to bind or commit the other Party in any way.

This agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This agreement may be amended or modified only by mutual agreement of authorized representatives of the Parties in writing.

Merchant may not assign or transfer its rights or obligations under this Agreement, whether by operation of law or otherwise, without goPlay's prior written consent.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GOPLAY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE APP SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT THE VOUCHERS WILL BE ERROR-FREE OR THAT ANY ERRORS, OMISSIONS OR MISPLACEMENTS IN THE VOUCHER WILL BE CORRECTED, OR THAT VOUCHERS WILL RESULT IN ANY REVENUE OR PROFIT FOR MERCHANT.

This Agreement shall be governed by the laws of the State of Delaware, without giving effect to any principles that may provide for the application of the laws of another jurisdiction. Any disputes, controversies, or claims in connection with or arising out of this Agreement, its negotiation, breach, existence, validity or termination, shall be referred to and finally determined by arbitration in Chicago, Illinois before a single arbitrator who is a member of the American Arbitration Association, from which arbitration there shall be no appeal. Such arbitration shall be held in the city of the defendant, in accordance with the Commercial Rules of the American Arbitration Association, with the governing law to be that of the State of the defendant and the laws of the United States applicable therein. The award rendered by the arbitrator shall be final and binding on all parties, and judgment upon the reward rendered by the arbitrator may be entered in any court of competent jurisdiction.

goPlay Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF GOPLAY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, GOPLAY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally identifiable information' (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, credit card information, Location Information or other details to help you with your experience. 

When do we collect information?

We collect information from you when you register on our site, place an order mobile check-in or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      • To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.

      • To improve our website in order to better serve you.

      • To allow us to better service you in responding to your customer service requests.

      • To administer a contest, promotion, survey or other site feature.

      • To quickly process your transactions.

      • To send periodic emails regarding your order or other products and services.

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers. 

Do we use 'cookies'?

We do not use cookies for tracking purposes

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. 

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:

Users can access goPlay anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

Users will be notified of any privacy policy changes:

      • On our Privacy Policy Page

Users are able to change their personal information:

      • By emailing us

      • By logging in to their account

 
Does our site allow third-party behavioral tracking?

It's also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email

      • Within 7 business days

We will notify the users via in-site notification

      • Within 7 business days

We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

To be in accordance with CANSPAM we agree to the following:
 

If at any time you would like to unsubscribe from receiving future emails, you can email us at mail@goPlay.gp and we will promptly remove you from ALL correspondence.

Contacting Us 

If there are any questions regarding this privacy policy you may contact us using the information below.

www.goPlay.gp

mail@goPlay.gp

Last Edited on 2016-02-11

goPlay Shipping and Returns

Can I edit or cancel shipment?

·       You can cancel the order or edit the shipping address within 2 hours of your purchase - after 2 hours, the shipment cannot be canceled.

 How do I return my item?

·       In the U.S., you can return most items for a refund, unless a different return policy is stated in the Fine Print.

·       The return package must be postmarked within 14 days of the date you received it.

·       Email goPlay directly to initiate a return.

 When do I get a refund?

·       After you drop off your return package, your refund will be issued within 2-3 weeks.

·       To check the status, contact goPlay directly.

·       You will receive an email notification once your refund is issued.