Played Limited, a company registered in England and Wales number 10271265, whose registered office is 16A Heyworth Road, London, England, E5 8DR, provides its services subject to the following terms and conditions ("Ts & Cs"), which govern your licensing and use of Played services.
You accept these Ts & Cs by ticking a box before signing up for an account with Played and using the Played platform. If you disagree with these Ts & Cs or any part of these Ts & Cs, you must not use Played's website or services.
You warrant and represent to Played that you contract with Played under these Ts & Cs exclusively in the course of business and not as a consumer. You must be at least 18 years old to use Played's website. By using Played's website or agreeing to these Ts & Cs, you warrant and represent to Played that you are at least 18 years old.
If you are entering into these Ts & Cs on behalf of a company or other legal entity, you warrant and represent that you have the authority to bind such entity to these Ts & Cs. If you do not have such authority, you must not accept these Ts & Cs and may not use the services.
Played offers three payment models:
'Pro Mode' and 'Activity Finders' are purchased as annual subscriptions. At the end of each subscription period, the subscription will automatically renew for another period of the corresponding length to the previous one unless (a) you have downgraded your subscription to 'Classic Mode', or (b) these Ts & Cs have been terminated in accordance with Clause 10.
Subject to your compliance with these Ts & Cs at all times, Played hereby grants you a non-exclusive, non-transferrable license to use the Services for your own internal business purposes.
1.1 Played will provide the Services to you in accordance with these Ts & Cs.
1.2 Played will provide support to you as set out in Clause 3.3 at no additional charge.
1.3 Played will use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except in the case of:
(a) any planned downtime (for which Played shall endeavour to give at least 8 hours electronic notice and which Played shall schedule to the extent practicable during periods of low demand); or
(b) any unavailability caused by circumstances beyond Played's reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, act of war, strike or other labour problem (other than a labour issue or strike involving Played's employees), power outage, network failure, Internet service provider failure or delay, or malicious code, malware, attack, bugs, viruses, trojans or similar.
1.4 Access to the Services will be provided to you by Played supplying you with a user identification and password.
2.1 Played will provide first line support for Enterprise Services which includes email support.
2.2 The in-website (www.played.co) chat will be only available during Business Days between 9:00 a.m. and 5.30 p.m. GMT.
2.3 For any support enquiries submitted by email, Played will use its reasonable efforts to respond within one (1) Business Day.
3.1 Played will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data.
3.2 Those safeguards will include, but will not be limited to, measures for preventing access, use, modification, or disclosure of Your Data by Played's personnel except:
(a) to provide the Services and prevent or address service or technical problems;
(b) as required by law; or
(c) as you expressly permit in writing.
You shall:
(a) Use commercially reasonable efforts to restrict use of the Services to you only and prevent unauthorized access to the Services by any third parties, and notify Played immediately upon you becoming aware of any such unauthorized access or use;
(b) Be responsible for the accuracy, quality, and legality of your data and the means by which you acquire your data;
(c) Manage and monitor your data at all times and use commercially reasonable efforts to ensure the use of the Services is in accordance with any applicable laws and government regulations;
(d) Notify Played immediately on becoming aware of any malpractice with respect to the Services or your data and facilitate or expedite any action required by you or Played to appropriately address such malpractice;
(e) Be solely responsible for ensuring that the email address you provide to Played for correspondence is up-to-date and effective for correspondence between you and Played;
(f) Be solely responsible for familiarizing yourself with the functionality of the Services and for your use of the Services, including but not limited to customizing your account, setting up event prices, promotions, and discounts; and
(g) Be solely responsible for ensuring that the information you provide to Played in relation to your subscription payment method is up to date and valid.
You shall not:
(a) Make the Services available to, or use the Services for the benefit of, anyone other than you;
(b) Sell, resell, license, sublicense, distribute, rent, lease, or lend the Services, or include the Services in any service bureau, white labeling, or outsourcing offering;
(c) Use the Services to store, upload, distribute, or transmit any infringing, libelous, defamatory, obscene, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
(d) Use the Services to store or transmit any malicious code, malware, attack, bugs, viruses, Trojans, or similar;
(e) In any way interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein;
(f) Attempt to gain unauthorized access to the Services or its related systems or networks;
(g) Copy the Services or any part, feature, function, or user interface thereof;
(h) Use the Services in any way that causes, or may cause, damage to the Services or Played's platform;
(i) Use the Services in any way that is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
(j) Use the Services to in any way bring Played into disrepute;
(k) Access or use the Services in order to provide a product or service that is in any way competitive with Played's Services;
(l) Reverse engineer, decompile, manipulate or access any source code or object code related to the Services (to the extent such restriction is permitted by law);
(m) Use the Services to generate and transmit spam or unethical or unwanted content or content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
(n) Use the Services to collect data from your clients that is beyond what is required for the running of the services you offer.
You and Played agree to keep confidential all Confidential Information received or obtained as a result of entering into or performing these Ts & Cs which relates to the provisions or subject matter of these Ts & Cs or the other Party. This obligation shall not apply to any information that is in the public domain (other than as a result of a breach of this clause), or which a Party is required to disclose by law or any regulatory authority, provided that the Party required to disclose gives the other Party as much notice of such disclosure as possible and takes all reasonable steps to ensure the information disclosed is treated confidentially.
You acknowledge and agree that Played and/or its licensors own all Intellectual Property Rights in the Services, including any enhancements or modifications to the Services made at your request. No right or license is granted to you except as expressly set forth in these Ts & Cs.
The Services are provided on an "as is" basis, and Played does not warrant that the Services will meet your requirements or that the Services will be uninterrupted or error-free.
These Ts & Cs shall continue in force until terminated in accordance with their terms. Either Party may terminate these Ts & Cs by giving the other Party written notice if the other Party has committed a material breach of these Ts & Cs and has failed to remedy the breach within 30 Business Days of receiving notice of the breach. In the event of termination, any fees already paid to Played are non-refundable.
To the maximum extent permitted by law, Played shall not be liable for any indirect, consequential or special loss or damage or loss of profits, data, revenue, goodwill or anticipated savings suffered or incurred by you arising from or in connection with these Ts & Cs or the provision of the Services.
These Ts & Cs shall be governed by and construed in accordance with English law, and the Parties hereby submit to the exclusive jurisdiction of the English courts.
Played reserves the right to modify these Ts & Cs at any time. Any changes will be posted on the Played Website and will be effective immediately upon posting. Your continued use of the Services after such changes are posted will be deemed acceptance of the changes.
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