all2play Terms of Use
1. Acceptance
2. all2play Website
3. General use of the Website - permissions and restrictions
all2play hereby allows you permission to access and use the Website as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without all2play's prior written authorization.
You agree not to alter or modify any part of the Website.
You agree not to access User Submissions (defined below) or all2play Content through any technology or means other than all2play may designate.
You agree not to use the Website for any commercial use, without the prior written authorization of all2play.
4. Use of Content on the site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the all2play Website.
The Content on the all2play Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to all2play, subject to copyright and other intellectual property rights under the law.
Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
all2play reserves all rights not expressly granted in and to the Website and the Content.
You may access User Submissions solely:
for your information and personal use;
as intended through the normal functionality of the all2play Service
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the all2play service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the all2play service or otherwise as prohibited under this agreement.
You may access all2play Content, User Submissions and other Content only as permitted under this agreement.
all2play reserves all rights not expressly granted in and to the all2play Content and the all2play service.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the all2play Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the all2play Website or the Content therein.
You understand that when using the all2play Website, you will be exposed to User Submissions from a variety of sources, and that all2play is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against all2play with respect thereto, and agree to indemnify and hold all2play, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. User Submissions and conduct
As a all2play user you may post a link ("User Links") and textual Content ("User Comments").
User Links and User Comments are collectively referred to as "User Submissions."
You understand that whether or not such User Submissions are published, all2play does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize all2play to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting User Submissions to all2play, you hereby grant all2play a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the all2play Website and all2play's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the all2play Website (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the all2play Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
The above licenses granted by you in User Links terminate within a commercially reasonable time after you remove or delete your User Links from the all2play Service.
You understand and agree, however, that all2play may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant all2play all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to the all2play
Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
all2play does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and all2play expressly disclaims any and all liability in connection with User Submissions.
all2play does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and all2play will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
all2play reserves the right to remove Content and User Submissions without prior notice.
6. Access Termination Policy
all2play will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
all2play reserves the right to decide whether a Link or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. all2play may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE all2play WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, all2play, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. all2play MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE all2play WEBSITE. all2play DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE all2play WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND all2play WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL all2play, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE all2play WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT all2play SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by all2play from its facilities in Germany. all2play makes no representations that the all2play Website is appropriate or available for use in other locations. Those who access or use the all2play Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless all2play, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the all2play Website;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of the all2play Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the all2play Website is not intended for children under 13. If you are under 13 years of age, then please do not use the all2play Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by all2play without restriction.
12. General
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and all2play's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. all2play reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the all2play Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND all2play AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE all2play WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
1. Acceptance
- By using or visiting this Website (collectively, including all Content and functionality available through the all2play.org domain name, the "all2play Website", or "Website", or "Site"), you signify your agreement to
- these terms and conditions
- all2play's privacy notice
- all2play's community guidelines
If you do not agree to any of these terms, the all2play privacy notice, please do not use the all2play Website.
- Although we normally notify you when major changes are made to these Terms of Service.
all2play may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.
Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
2. all2play Website
- These Terms of Service apply to all users of the all2play Website, including users who post links or comments. The all2play Website includes all aspects of all2play.
- The all2play Website will contain links to third party Websites that are not owned or controlled by all2play.
- all2play has no control over, and assumes no responsibility for,
- the Content,
- privacy policies,
- or practices of any third party Websites.
- in addition, all2play will not and cannot censor or edit the Content of any third-party site.
- By using the Website, you expressly relieve all2play from any and all liability arising from your use of any third-party Website.
- Accordingly, we encourage you read the terms and conditions and privacy policy of each other Website that you visit after leaving all2play.
3. General use of the Website - permissions and restrictions
all2play hereby allows you permission to access and use the Website as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without all2play's prior written authorization.
You agree not to alter or modify any part of the Website.
You agree not to access User Submissions (defined below) or all2play Content through any technology or means other than all2play may designate.
You agree not to use the Website for any commercial use, without the prior written authorization of all2play.
4. Use of Content on the site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the all2play Website.
The Content on the all2play Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to all2play, subject to copyright and other intellectual property rights under the law.
Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
all2play reserves all rights not expressly granted in and to the Website and the Content.
You may access User Submissions solely:
for your information and personal use;
as intended through the normal functionality of the all2play Service
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the all2play service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the all2play service or otherwise as prohibited under this agreement.
You may access all2play Content, User Submissions and other Content only as permitted under this agreement.
all2play reserves all rights not expressly granted in and to the all2play Content and the all2play service.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the all2play Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the all2play Website or the Content therein.
You understand that when using the all2play Website, you will be exposed to User Submissions from a variety of sources, and that all2play is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against all2play with respect thereto, and agree to indemnify and hold all2play, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. User Submissions and conduct
As a all2play user you may post a link ("User Links") and textual Content ("User Comments").
User Links and User Comments are collectively referred to as "User Submissions."
You understand that whether or not such User Submissions are published, all2play does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize all2play to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting User Submissions to all2play, you hereby grant all2play a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the all2play Website and all2play's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the all2play Website (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the all2play Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
The above licenses granted by you in User Links terminate within a commercially reasonable time after you remove or delete your User Links from the all2play Service.
You understand and agree, however, that all2play may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant all2play all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to the all2play
Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.all2play does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and all2play expressly disclaims any and all liability in connection with User Submissions.
all2play does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and all2play will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
all2play reserves the right to remove Content and User Submissions without prior notice.
6. Access Termination Policy
all2play will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
all2play reserves the right to decide whether a Link or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. all2play may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE all2play WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, all2play, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. all2play MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE all2play WEBSITE. all2play DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE all2play WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND all2play WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL all2play, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE all2play WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT all2play SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by all2play from its facilities in Germany. all2play makes no representations that the all2play Website is appropriate or available for use in other locations. Those who access or use the all2play Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless all2play, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the all2play Website;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of the all2play Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the all2play Website is not intended for children under 13. If you are under 13 years of age, then please do not use the all2play Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by all2play without restriction.
12. General
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and all2play's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. all2play reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the all2play Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND all2play AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE all2play WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.