OpenPlay

Terms of Service

Last updated: December 19, 2024

This is a legal document and creates an Agreement between you, the user, and OpenPlay, Inc. (hereinafter "OpenPlay"). You must agree to be bound by the terms and conditions presented herein as a condition precedent to using any of the tools or services provided to you via OpenPlay Connect and its related services (collectively, the "Service").

By using or accessing any tool or service presented by the Service or viewing any element of content present on the Service, you signify your acceptance to each term and condition of this Terms of Service.

1Rules of Behavior

You may never engage in any of the following activities: (a) Violation of any law, whether civil, criminal, or regulatory in nature, regarding your usage of the Service; (b) Engage in any action, indirectly or directly, that may be harmful to OpenPlay, the OpenPlay software, products, website or any function thereof.

2Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any user ID, API keys, and related passwords which you may have received required for entry to any tool or service that we provide and all information to which you have access through password-protected areas. You will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You are solely responsible for the security of your credentials. Any loss that you sustain due to a lack of security on your part regarding your codes or passwords is your sole loss to sustain.

3Intellectual Property

The contents of the Service are protected by United States copyright law and trademark law, the laws of the State of California, and various international treaties and agreements. Text, graphics, appearance, visual elements, design, concepts, business models, operational models, documents, databases, collections of links, HTML code, scripts and all products sold and services offered are protected by United States and International Copyright Laws and Treaties, and may not be copied, published, reengineered, decompiled, translated, mirrored, hosted, reproduced, disseminated, adapted, used, or otherwise distributed by any means without explicit written permission of OpenPlay.

OpenPlay, OpenPlay Connect, OpenPlay Music, OpenPlay Workflow, and the OpenPlay logo are trademarks or registered trademarks of OpenPlay, Inc. in the U.S. and/or other countries.

4Liability

The products, software, APIs, services, tools, and programs offered by OpenPlay are provided on an "as is" basis, and without warranties of any kind either express or implied. OpenPlay hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

OpenPlay does not warrant that any material or function presented on the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful elements.

Under no circumstances, including, but not limited to, negligence, shall OpenPlay be liable for any special or consequential damages that result from the use of, or the inability to use, the tools or services offered to you via the Service, even if you have advised OpenPlay of the possibility of such damages.

5Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OPENPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.

6Third Party Services

OpenPlay Connect enables connections to third-party services and providers. Access to any third-party service linked to or available through the Service is at your own risk. OpenPlay is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available by these third-party services. OpenPlay disclaims all liability for any third party extension or other offering available to you on or through the Service.

7Cancellation of Programs, Tools, and Services

OpenPlay may cancel or discontinue any or all of our programs, tools, or services provided on the Service at any time without notice to you. You acknowledge and agree that from time to time the Service and any or all of our programs, tools, or services may be inaccessible or inoperable for any reason, including equipment malfunctions, periodic maintenance procedures, or causes beyond the control of OpenPlay.

8Jurisdiction and Arbitration

This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. All disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Los Angeles, California.

This Service is copyright © 2013-2025 by OpenPlay, Inc. All Rights Reserved.