TERMS OF USE

Introduction and Acceptance of Terms of Use



ePLEYER Inc. offers you a wide range of content, communication tools, forums, and information about its products and services ("Materials") via this web site. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below ("Terms of Use"), which ePLEYER Inc. may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that ePLEYER Inc. may, at its sole discretion, terminate your access to this web site at any time without notice.


Product Use


This web site is owned and operated by ePLEYER Inc. Unless otherwise specified, all Materials on this web site are the property of ePLEYER Inc. and are protected by the copyright laws of Canada and, throughout the world by the applicable copyright laws. The Materials from this web site are solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by ePLEYER Inc. on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from ePLEYER Inc. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

Should you register to take advantage of certain features, you agree:

  • to provide true, accurate, current and complete information about yourself as prompted by the Product;
  • that your account is for your personal and/or business use. You may not resell the Service;
  • as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, ePLEYER Inc. has reasonable grounds to suspect that such information is false, inaccurate or outdated, ePLEYER Inc. has the right to suspend or terminate your account and prohibit all current or future use of the Product by you; and
  • that you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Product, including charges resulting from unauthorized use of your account.
  • that when you check the box to Opt-in you will activate the Search and Share features of your ePLEYER site. You can Opt-out at anytime. By agreeing to Opt-in you give ePLEYER Inc. permission to include your profile in our searchable database and make your site shareable by yourself and by the public.


Code of Conduct


You agree to use the Product only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Product. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Product in any manner that interferes with its normal operation or with any other user’s use of the Product.


Communications


By creating an account, you agree to receive certain communications in connection with the Service.

It should be understood that ePLEYER Inc. is not liable for any third-party communications that you may receive from third parties or affiliates of ePLEYER Inc., in connection with your account. You are solely responsible for evaluating and verifying the identity and trustworthiness of any correspondence you receive. ePLEYER Inc. makes no representations or warranties with regards to the accuracy, trustworthiness or identity of third-party communications.

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to ePLEYER Inc. ("Feedback") will be deemed, at the time of communication to ePLEYER Inc., the property of ePLEYER Inc., and ePLEYER shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations.

You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.


Monitoring


Although ePLEYER Inc. is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. ePLEYER Inc. will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. ePLEYER Inc. will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.


Access to Password Protected or Secured Areas


Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.


Trademarks


The trademarks, service marks and logos of ePLEYER Inc. and others used in this web site ("Trademarks") are the property of ePLEYER Inc. and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of ePLEYER Inc. or the respective owner.


Applicable Laws


These Terms of Use are governed by the law in force in Canada and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Canada and courts of appeal from them for determining any dispute concerning the Terms of Use.


Indemnity


You agree to indemnify, defend and hold ePLEYER Inc. harmless from and against any and all third-party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.


Limitation of Liability


In no event shall ePLEYER Inc. Or its suppliers be liable for any direct, indirect, special, incidental or consequential damages including, without limitation, loss profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this web site or any linked site, damages resulting from use of or reliance on the information or materials presented on this web site, whether based on warranty, contract, tort or any other legal theory even if ePLEYER Inc. or its suppliers have been advised of the possibility of such damages.


Disclaimer


ePLEYER Inc. assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. ePLEYER Inc. is not responsible for supplying content or materials from the web site that have expired or have been removed. The materials provided at this web site are provided "as is" and any warranty (express or implied), condition or other term of any kind, including without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or title is hereby excluded.


Service Availability


The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of ePLEYER Inc., without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events.

ePLEYER Inc. reserves the right, at any time, in its sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.

ePLEYER Inc. will have no liability whatsoever for any losses, liabilities or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof.


Intellectual Property


All content published and made available on our Site is the property of ePLEYER Inc. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our site.

You acknowledge that all materials on the Product, including, but not limited to, the Website design, Application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of ePLEYER Inc. and/or its licensors, and are subject to and protected by Canada, United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. ePLEYER Inc. authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of ePLEYER Inc. or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described in the Product are the sole property of ePLEYER Inc. and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of ePLEYER Inc. and/or its licensors. ePLEYER Inc. reserves the right to enforce its intellectual property rights fully under the law.

Your use of the Product is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Product are either the property of ePLEYER Inc., its affiliates or licensors. ePLEYER Inc. retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by ePLEYER Inc. to you are fully reserved by ePLEYER Inc., its advertisers and licensors.

Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Product may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Product.


User Content


“User Content” means any and all information and content that a user submits to, or uses with, the Services, including but not limited to, content in the user’s profile or postings. You may choose to enter this information manually or, where available, synchronize with a third-party. ePLEYER Inc. does not verify the accuracy or completeness of User Content and these may therefore be subject to errors.

You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Use.

You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by ePLEYER Inc.. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates this Terms of Use in any way.

ePLEYER Inc. does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.

We may, at our discretion, pre-screen User Content submission and may choose to remove User Content at any time we see fit. You agree that ePLEYER Inc. is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of ePLEYER Inc. removing or refusing to publish User Content.

ePLEYER Inc. reserves the right, but has no obligation, to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms of Use or otherwise create liability for ePLEYER Inc. or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

We may from time to time allow you to share Site content via social media share buttons. Such sharing must include attribution to the Site.


Third Party Providers


In the event we include links via the Service to a Third-Party provider (including advertisements) which may include products, goods, services or information offered therein, these are provided only as a convenience. If you clickthrough using these links to other providers, you may leave our Site. We do not control nor endorse any such Third-Party providers. You agree that the Company Parties, as defined below, will not be responsible or liable for any content, products, goods, services or information provided or available via any Third-Party provider or for your use or inability to use a Third-Party provider.

You will use such links at your own risk. You are advised that other providers on the Internet, including Third-Party providers linked from our Site, might contain material or information:

  • that some people may find offensive or inappropriate;
  • that is inaccurate, untrue, misleading or deceptive; or,
  • that is defamatory, libelous, infringing of others’ rights or otherwise unlawful.

We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, that appear on any Third-Party providers or in advertisements or content that Third Parties may have listed or offered on our Site.

Your interactions with Third Parties found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties or representations associated with such matters are solely between you and the Third Parties, except as may be otherwise stated herein. You acknowledge and agree that ePLEYER Inc. is not a party to any transactions you may enter into, except as may be stated herein, using the Service and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Third-Party.

  • Our Services make use of the YouTube Data API Services. Users agree to be bound to the YouTube Terms of Service (Available here: https://www.youtube.com/t/terms) when they make use of functionality on our services that use the YouTube API Services.
  • Our Services make use of the Discord API Services. Users agree to be bound to the Discord Terms of Service (Available here: https://discord.com/terms) when they make use of functionality on our services that use the Discord API Services.
  • Our Services make use of the Vimeo API Services. Users agree to be bound to the Vimeo Terms of Service (Available here: https://vimeo.com/terms) when they make use of functionality on our services that use the Vimeo API Services.
  • Our Services make use of the Instagram API Services. Users agree to be bound to the Instagram Terms of Service (Available here: https://help.instagram.com/581066165581870) when they make use of functionality on our services that use the Instagram API Services.
  • Our Services make use of the Ecwid API Services. Users agree to be bound to the Ecwid Terms of Service (Available here: https://www.ecwid.com/terms-of-service) when they make use of functionality on our services that use the Ecwid API Services.
  • Our Services make use of the Riot Games API Services. Users agree to be bound to the Riot Games Terms of Service (Available here: https://www.riotgames.com/en/terms-of-service) when they make use of functionality on our services that use the Riot API Services.
  • Our Services make use of the Epic Games API Services. Users agree to be bound to the Epic Games Terms of Service (Available here: https://www.epicgames.com/site/en-US/tos) when they make use of functionality on our services that use the Epic API Services.
  • Our Services make use of the Steam API Services. Users agree to be bound to the Steam Terms of Service (Available here: https://store.steampowered.com/subscriber_agreement/) when they make use of functionality on our services that use the Steam API Services.
  • Our Services make use of the Sony PlayStation API Services. Users agree to be bound to the PlayStation Terms of Service (Available here: https://www.playstation.com/en-ca/legal/psn-terms-of-service/) when they make use of functionality on our services that use the PlayStation API Use of the Service
  • Our Services make use of the TIKTOK Data API Services. Users agree to be bound to the TikTok Terms of Service (Available here: https://www.tiktok.com/legal/terms-of-service) when they make use of functionality on our services that use the TikTok API Services. It is also important to note that ePLEYER does NOT retain your username and passwords when connecting your account to your profile. ePLEYER uses Tokens to maintain a connection.


Links to Other Sites


The linked sites are not under the control of ePLEYER Inc. and ePLEYER Inc.is not responsible for the content of any linked site or any link contained in a linked site. ePLEYER Inc. reserves the right to terminate any link at any time. ePLEYER Inc. may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third-party sites linked to this web site, you do this entirely at your own risk. ePLEYER Inc. disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.


Terminations


Subject to this section, the Terms herein will remain in full force and effect while you use the Service. You may terminate your use of the Product at any time

We may suspend or terminate your rights to use the Service (including your account) at any time for any reason, or no reason, at our sole discretion, including for any use of the Service in violation of these Terms.

Upon termination of your rights under these Terms, by you or by us, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account from our live databases.

ePLEYER Inc. will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content.


General


If you have any questions regarding the Terms of Use, please contact ePLEYER Inc. Via our Contact page.


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