Terms of Service – Eply Gaming

Introduction

Purpose of the Terms

The Terms of Use serve as a binding contract between the user and RECORD REPLAY INC. (« Replay »). These Terms outline the rules and guidelines for using the services provided by Replay. By understanding the purpose of these Terms, users can ensure they are compliant and aware of their rights and responsibilities while using the services.

The Terms also incorporate the provisions of the Privacy Policy, ensuring that users are informed about how their personal data is handled. This comprehensive approach helps maintain transparency and trust between Replay and its users.

Acceptance of Terms

By using the services offered by Replay, users accept all Terms outlined in this document. This acceptance is mandatory for accessing and utilizing the services. If users do not agree with any part of the Terms, they must refrain from using the services.

Acceptance of the Terms also means agreeing to any Additional Terms that may apply to specific services or features. These additional policies, rules, and conditions are integral to the overall agreement between the user and Replay.

Changes to the Terms

Replay reserves the right to modify the Terms at any time. Users will be notified of any changes through the website, email, or other means. It is the user's responsibility to stay informed about these modifications.

If users do not agree with the new Terms, they must stop using the services. Continued use of the services after modifications indicates acceptance of the updated Terms.

Using Eply Gaming

Account Creation

To use certain features of Eply Gaming, users may need to create an account . This process typically involves providing personal information and agreeing to the Terms of Use. Account creation is essential for accessing personalized services and features.

Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. It is crucial to provide accurate and up-to-date information during the account creation process.

User Responsibilities

Users are expected to use the services in a responsible and lawful manner . This includes adhering to all applicable laws and regulations, as well as the guidelines set forth in the Terms of Use. Users must not engage in any activities that could harm the services or other users.

Additionally, users are responsible for ensuring that their actions do not violate the rights of others. This includes respecting intellectual property rights and not engaging in any form of harassment or abuse.

Prohibited Activities

There are certain activities that are strictly prohibited while using Eply Gaming's services. These include, but are not limited to, unauthorized access to the services, distributing malware, and engaging in fraudulent activities.

Engaging in prohibited activities can result in the termination of the user's account and legal action. Users must familiarize themselves with these restrictions to avoid any potential issues.

Privacy and Data Protection

Information Collection

Replay takes the collection of personal information very seriously. The Privacy Policy outlines the types of information collected, how it is used, and the measures taken to protect it. Users should review this policy to understand what data is collected and why.

Replay does not knowingly collect personal information from children under 13 without parental consent, in compliance with the Children's Online Privacy Protection Act (COPPA). If such information is discovered, it will be deleted promptly.

Use of Personal Data

Personal data collected by Replay is used to enhance the user experience and provide personalized services. This data may be used for various purposes, including account management, customer support, and service improvements.

Users' personal data is handled with the utmost care, and Replay is committed to maintaining the privacy and security of this information. The Privacy Policy provides detailed information on how personal data is used and protected.

Data Security

Replay implements robust data security measures to protect users' personal information from unauthorized access, disclosure, or destruction. These measures include encryption, secure servers, and regular security audits.

Users are encouraged to take their own precautions, such as using strong passwords and keeping their account information confidential, to further enhance data security.

Content and Intellectual Property

User-Generated Content

Users may have the opportunity to create and share user-generated content on Eply Gaming's platform. This content must comply with the Terms of Use and must not infringe on the rights of others. Users retain ownership of their content but grant Replay a license to use, distribute, and display it.

Replay reserves the right to remove any user-generated content that violates the Terms or is deemed inappropriate. Users are responsible for ensuring that their content is lawful and respectful.

Licenses Granted

By using Eply Gaming's services, users grant Replay a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute their content. This license is necessary for Replay to provide the services and enhance the user experience.

Users must ensure that they have the rights to grant this license for any content they share. This includes obtaining necessary permissions from third parties if the content includes materials not owned by the user.

Copyright Infringement

Replay respects intellectual property rights and expects users to do the same. If a user believes that their copyrighted work has been infringed upon, they can contact Replay to request the removal of the infringing content.

Users must provide sufficient information to support their claim of copyright infringement. Replay will investigate and take appropriate action, which may include removing the infringing content and terminating the account of the offending user.

Service Modifications and Termination

Changes to Services

Replay may make changes to the services at any time, including adding or removing features, updating software, or discontinuing certain services. Users will be notified of significant changes through the website or other communication channels.

These changes are made to improve the overall user experience and ensure that the services remain relevant and effective. Users are encouraged to provide feedback on any changes to help Replay continue to enhance its offerings.

Termination of Accounts

Replay reserves the right to terminate user accounts for violations of the Terms of Use or other policies. Termination may also occur if a user engages in prohibited activities or fails to comply with legal requirements.

Users whose accounts are terminated will lose access to the services and any associated data. It is important for users to adhere to the Terms to avoid account termination.

Effects of Termination

Upon termination of an account , users will no longer have access to the services or any data associated with their account. Replay may retain certain information for legal or administrative purposes, as outlined in the Privacy Policy.

Users should ensure that they have backups of any important data before their account is terminated. Replay is not responsible for any loss of data resulting from account termination.

Legal Considerations

Disclaimers and Limitations of Liability

Replay provides the services on an « as is » and « as available » basis, with no warranties or guarantees . Users accept that there may be occasional interruptions or errors in the services.

Replay's liability is limited to the maximum extent permitted by law. Users agree to hold Replay harmless from any claims or damages arising from their use of the services.

Governing Law

The governing law for the Terms of Use is the law of the jurisdiction in which Replay is based. This means that any disputes or legal issues will be resolved according to the laws of this jurisdiction.

Users agree to submit to the jurisdiction of the courts in this location for any legal proceedings related to the Terms of Use or the services.

Dispute Resolution

Any disputes between users and Replay will be resolved through binding individual arbitration . This means that users waive their right to participate in a class action or class arbitration.

Arbitration is a faster and more cost-effective way to resolve disputes compared to traditional court proceedings. Users should review the arbitration provisions in the Terms of Use to understand their rights and obligations.

Miscellaneous

Entire Agreement

The Terms of Use, along with any Additional Terms and the Privacy Policy, constitute the entire agreement between the user and Replay. This agreement supersedes any prior agreements or understandings related to the services.

Users should review the entire agreement to ensure they understand their rights and responsibilities. Any changes to the agreement must be made in writing and agreed upon by both parties.

Severability

If any provision of the Terms of Use is found to be unenforceable or invalid , the remaining provisions will continue to be in effect. This ensures that the agreement remains valid and enforceable even if part of it is deemed invalid.

Users should understand that the invalidity of one provision does not affect the overall validity of the Terms. Replay will work to replace any invalid provisions with enforceable ones that closely match the original intent.

Contact Information

For any questions or concerns regarding the Terms of Use, users can contact Replay at the following email: [email protected]. Additionally, users can reach Replay by mail at 548 Market St, PMB 78081, San Francisco, CA 94104.

Replay is committed to providing excellent customer support and addressing any issues or concerns promptly. Users are encouraged to reach out with any questions about the Terms or the services.