TERMS & CONDITIONS
PRICE AND AVAILABILITYThis website offers products and services that are subject to availability. Purchase of products is subject to change by KINGPLAY CORPORATION, without forewarning and at the sole discretion of that corporation. Products that are discussed in these Terms and Conditions are not necessarily available on the site for purchase at any given time. Prices for products and services are also subject to change at the discretion of the corporation and without forewarning to website users. KINGPLAY CORPORATION also reserves all rights to change monthly fees, either by increasing or decreasing, as necessary without forewarning or notice. This will be done for the purpose of promoting the website.
RELIANCE ON INFORMATIONThe affiliated website may include errors. If errors, whether typographical or otherwise, are discovered, they can be changed by KINGPLAY CORPORATION without forewarning to website users. This decision is made at the sole discretion of the corporation.
CHANGES TO THE SITEIf it becomes necessary to make changes to the names, software, text, information, trademarks, logos, pictures, services or products on this website, that may be done at any time.
LINKSIt is possible that this website will showcase links to or reference a third party website. Links provided on this website are solely for the website user's convenience. These links included in or linked from or to this website are not intended to be taken as endorsement for any information, product or service provided by a third party. The information, opinions, products, services or any recommendation made by a third party website are those of the third party website only and have no direct affiliation with KINGPLAY CORPORATION. Website users who choose to use third party websites are then subject to the Terms and Conditions of those third party websites.
YOUR OBLIGATIONSWebsite users who provide information for the purpose of registration or transactions with KINGPLAY CORPORATION are in agreement that all information will be accurate, true and current information. Users are also in agreement to regularly update information that has changed in order to keep it true, current and accurate. Failure to do so can result in suspension or termination of your account by KINGPLAY CORPORATION, if the corporation has valid indications that the information is not true, accurate or current or if the information is not complete.Users are not to use this site a) for the purposes of anything illegal or that violates applicable laws or regulations; b) for the publishing of websites that encourage illegal downloads or copyright-infringing downloads; c) for the purpose of stalking or harassing an individual via electronic means; d) violate the personal privacy of other individuals or to e) distribute information about another internet user without their express permission, above the areas permitted under current laws.Website users are advised they are not to be involved in any of the following activities to the extent that those activities interfere with the intended purpose of this site or its smooth operation, or the network or systems of the KINGPLAY CORPORATION; a) the transmission or dissemination of a virus, worm or other disruptive and harmful file, program or code; b) the use of bots for the purpose of Internet Relay Chat (IRC) in such a way that uses resources above and beyond the average usage amount, i.e. running 24 hours per day; c) interfere with the opportunity for other website users to utilize the IRC feature; d) interfere with the opportunity for other users to utilize the website for real time exchanges; e) negatively impact the servers or networks utilized by and affiliated with the website or service, f) access the accounts created by other users without express permission from those users; g) interfere with the security measures of the website or bypass said security measures, including the passwords created and utilized by other website users; and h) any processes that would flood the website with useless traffic, including denial of service attacks or network access impairment.UNSOLICITED SUBMISSION POLICYKINGPLAY CORPORATION does not accept “Submissions”; defined as suggestions for creative elements, marketing, advertising, prototypes, games, lyrics or jingles without solicitation. Users who send these submissions should recognize that a) the submission was not solicited; b) the KINGPLAY CORPORATION is not responsible for the use or return of the user's submission; c) there is no establishment of a relationship; d) users will not be entitled to compensation for any unsolicited submission; e) the submission being received by the website does not in any way mean rights will be waived or intellectual property rights will be retained by the user; and f) all materials submitted to the website will be considered to be submitted under these rules and conditions.
MANAGING YOUR PASSWORD AND YOUR ACCOUNTUsers are responsible for their own password, keeping the password confidential and users should know that no employees at KINGPLAY CORPORATION are given authorization to provide lost passwords to users. For users who have forgotten their passwords, a link is provided at the top of the screen for the purpose of assistance. Users are reminded they are also the only ones responsible for those with access to their computer and therefore the potential for another user to access the website via their account. Users are consequently responsible for all activity completed via their account, even if another individual accesses your computer and completes inappropriate actions.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTUsers who believe work has been copied in such a manner that copyright infringement has occurred should provide the following written information to the copyright agent for KINGPLAY CORPORATION:• the electronic or physical signature of the individual who is authorized to initiate action for the owner of the copyright interest;• a detailed description of the copyrighted work that is involved in the alleged copyright infringement;• description of the material located on the website that is infringing on the copyright; • user's address, telephone number and email address;• a statement from the individual that the disputed use has not been completed under the authorization of the copyright owner, law or the agent for the copyright owner (done in good faith);• statement from individual (can be punished via perjury charges if false) that information provided is accurate and there is a personal connection to the copyright owner and authorization to be acting on his/her behalf.Users should specifically note that this procedure is only for the notification that copyright infringement has occurred.In order to reach for the copyright administrator for KINGPLAY CORPORATION, the following should be used:Copyright Administratoremail: info@Funacumen.com
INTELLECTUAL PROPERTYThis website displays and contains materials including, but not limited to, text, website software, design, informational text, editorial material, photographs and illustrations, audio and video clips, games and short features. Also, names, logos, trademarks and graphic materials are displayed on this website. All of the above mentioned materials are the property of KINGPLAY CORPORATION, and licensors. They are protected via copyright, trademark and laws regarding intellectual property. Therefore, all rights are reserved. KINGPLAY CORPORATION name, design and related marks are trademarked materials that belong solely to KINGPLAY CORPORATION 2009.KINGPLAY CORPORATION grants the website users a personal and non-exclusive license, which is non-transferable, for the purpose of material display and use only for noncommercial and personal use only. Users are reminded to maintain all copyright and other notices contained with such materials. Users hereby agree not to reproduce, modify, create derogatory works toward others from, distribute, perform or disseminate, circulate or broadcast copyrighted materials to third parties without express prior written consent from KINGPLAY CORPORATION. Users will also not disassemble, decompile, reverse engineer said materials in any circumstance. Users who defy this section of the Terms and Conditions will have rights to use this website terminated immediately.
DISCLAIMER OF WARRANTIESThe website, contents, software and products and services that are offered via the website are provided to website users on an “as is” basis. This means they are also provided only “as available”, and KINGPLAY CORPORATION offers no warranties or representations with respect to the website, its contents or services and software products. The corporation also now disclaims all warranties and representations, without any limits based on merchantability, fitness for particular purpose or non-infringement of all third party rights. Also, uninterrupted service, accuracy, reliability, security and currency, as well as completion regarding or relating to this website, content and links, software, tips, products, services and tools that are available through this site. KINGPLAY CORPORATION does not promise or guarantee that any information that is available via this website is complete, current or accurate. Information regarding prices and availability can be changed at any time, without forewarning for website users.
LIMITATION OF LIABILITYTHE AFFILIATES, FRANCHISES, RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES OF KINGPLAY CORPORATION, AS WELL AS KINGPLAY CORPORATION ITSELF WILL IN NO WAY BE HELD RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, AGGRAVATED OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND RELATED TO CONNECTION WITH THIS WEBSITE. THIS INCLUDES LOSS OF DATA, PROFIT OR INCOME, AS WELL AS LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS. MATERIALS, SOFTWARE, TOOLS, TIPS, INFORMATION, RECOMMENDATIONS AND QUALIFICATIONS DISPLAYED ON THIS WEBSITE AND SERVICES OFFERED ARE ALL EXEMPT FROM LIABILITY AS WELL. LIKEWISE, THE EXCLUSION OF LIABILITY WILL BE APPLIED TO THE FURTHEST EXTENT OF CURRENT APPLICABLE LAWS. USERS WHO LOSE ACCESS TO THE WEBSITE WILL STILL SEE THIS PROVISION APPLICABLE AND ACKNOWLEDGE THEIR FULL RESPONSIBILITY FOR DAMAGE RESULTING FROM THE USE OF THIS WEBSITE.
INDEMNIFICATIONUsers agree to hold harmless KINGPLAY CORPORATION and affiliates, as well as respective staff and personnel against any claim, expense or liability, including legal fees, costs arising from or related to breaches of the Terms and Conditions listed herein and use of the website, including placement of information or transmission of material by the user. This provision applies even after users have lost rights to use the website.
DISPUTE RESOLUTIONClaims, disputes and controversies, whether in contract or tort, pre-existing, present or future and pursuant to all statutes and regulations, that result from or relate to a) the website; b) the Terms and Conditions of Use; c) advertisement or promotions related to the Terms and Conditions; d) transactions completed via the website; e) relationships resulting from Terms and Conditions of Use (even those involving third parties who are not held responsible to these Terms and Conditions) will be find resolution via binding arbitration, completed under the Federal Arbitration Act and administered by the American Arbitration Association via the association's resolution rules for consumer-related disputes OR by other mutually agreed-upon procedures. Users agree that rights to participate in class action suits or class-wide arbitration against KINGPLAY CORPORATION are waived upon the completion of this type of arbitration, which is personal and provides an exclusive method for resolving disputes. This provision remains relevant even after a user has rights to use the website terminated.
TERMINATIONKINGPLAY CORPORATION may, at any time and with only its sole discretion, terminate a user's right to use this website.
Monthly packagesThe package plans provided by KINGPLAY CORPORATION are all created to permit members of the website to access free games in the website library by paying a fee, set up to be paid regularly within a certain time frame. Users then have unlimited access to the free games library.
Consent to Electronic CommunicationUsers consent to receive communication from KINGPLAY CORPORATION via email or notices that are posted to the website. These communications will regard the user's monthly package and will be sent or posted based solely on decisions made by KINGPLAY CORPORATION. Users understand and are in agreement that all notices, agreements or other communications sent to the user in writing from KINGPLAY CORPORATION will be done via electronic communication. The information sent to users electronically will be part of a user's signup on the site and the resulting relationship with KINGPLAY CORPORATION. Users agree that notices about their account, featured products or new offerings news can all be sent from KINGPLAY CORPORATION to the user via email.
How to Sign UpUsers must provide an email address and credit card information if they desire to sign up with the website. Two package types are available through this website, a regular account and a premium version. For those who choose the regular account, no charges will be accrued. For those who upgrade to the premium package, a recurring charge will be sent to the credit card on file. The choice to invest in a premium package means that users authorize KINGPLAY CORPORATION to charge the payment method on file at specified points (i.e. the one month, three month or five month marks) and to charge the premium package amount plus any applicable taxes. The package will also be regularly upgraded on the anniversary of those particular package length terms. This will continue until the user chooses to cancel the premium package. Users who opt in to the premium package for the monthly package on a specified date, for example July 7, the anniversary date for that package will be the 7th of every month thereafter. The credit card on file will then be charged on the 7th of each month. For those who opt in to a premium package on a date not included in every month of the year (i.e. the 31st), the fees will be charged on the first day of the following month. Users will not receive a copy of the charge slips for these regularly scheduled fee charges. Users agree to pay the premium package fee plus applicable taxes and authorize KINGPLAY CORPORATION or an agent to charge the payment method the user has opted to submit when signing up for the website when it comes to any additional charges accrued by the user while using the website.
Pending Charges for Payment CardsUsers who provide a payment method that is a credit or charge card also authorize KINGPLAY CORPORATION to create a pending charge to the payment card upon package signup and also before every charge on the monthly anniversary. Pending charges usually last three to seven days and are for the purpose of billing address and payment card validation. These charges do not become actual charges, but they do impact the available amount of credit on the payment card in a decrease of $1 per pending charge.
Fees Relating to your Payment MethodUsers are responsible for any and all fees that are charged to the payment method submitted upon signup. This includes but is not limited to monthly package fees, overdraft fees and over the credit limit or insufficient fund fees.
Promotional OffersAt certain points throughout a relationship with KINGPLAY CORPORATION and at the sole discretion of the corporation, reduced monthly package fees may be offered for certain promotional product or first-time or other specified groups of customers. Users that wish to opt into such an offer will find their payment method charged at the time of the registration for the offer by KINGPLAY CORPORATION. Not only will the promotional charge be sent to the payment method, but applicable taxes will also be charged. Users agree that every promotional offer will be only valid for the term specified at the time of promotion. Upon completion of the promotional period, the regular charges will be automatically applied at the time of the anniversary of the original sign up. Terms may vary for each promotional offer. This includes promotional price and the duration of the offer. Details of the offer that are not covered in the Terms and Conditions will be covered in the offer listing on the website. These can be read prior to signing up for the offer on a page that the user will be sent to upon clicking on the sign up link. KINGPLAY CORPORATION reserves the right to allow other sites to have promotional access to certain groups of the website membership.
TrialsPeriodically, KINGPLAY CORPORATION may choose to offer a trial period for customers who are creating an account on the website for the first time. These trials will be offered on a one per household basis or possibly only one per credit card registered. At the time users sign up for this offer, a promotional fee or a one-month fee will be authorized to the credit card used at sign up. However, the charges will not be applied until the end of the promotional period. Terms of each trial may vary and are at the sole discretion of KINGPLAY CORPORATION. For those details of the trial that are not covered here in the Terms and Conditions, users will be taken to an additional screen during the signup process that will outline these details explicitly. The trial period will begin the day of signup for an online monthly package with KINGPLAY CORPORATION.At the time the trial period runs out, users will see an automatic renewal charged to their payment method on record. This will occur until the user chooses to cancel the subscription, regardless of the length of the trial period. Service prices may vary depending on the device, service, promotion offered or the country of residence. Following the expiration of the trial period, users should recognize that the day after the expiration will be considered the anniversary date for the package the user signed up to receive. At that time, the payment method will be charged the recurring package fees on a monthly basis, as well as applicable sales taxes unless the user opts to cancel the package prior to the end of the trial period. USERS ARE REQUIRED TO CANCEL THEIR MONTHLY PACKAGE PRIOR TO THE END OF THE trial IN ORDER TO AVOID CHARGES BEING MADE TO THE PAYMENT METHOD USED TO REGISTER. Users will not receive notification from KINGPLAY CORPORATION that the trial has expired. For that reason, users are encouraged to make a note of the end date of the trial at the time of signup.
MULTI-MEDIA MEMBERSHIPFunacumen.com as a website has five different categories for membership; movies, books, games, music and “all-access.” Periodically, Funacumen.com may be inclined to offer additional content categories to members. For users that sign up in a specific category originally, options for upgrades may be given to upgrade to the “all-access” membership category at a rate of $2.95, or another specified amount. If the user opts to upgrade, the membership would then follow the terms and conditions of the original membership while providing access to additional content.
Expiration Date and Refusal of Charges to Your Payment Card.EXPIRATION DATE AND REFUSAL OF CHARGES TO YOUR PAYMENT CARD: Users who have a payment card that reaches its original expiration date prior to the user canceling their KINGPLAY CORPORATION monthly package subscription means the card will continue to be billed by KINGPLAY CORPORATION. If for any reason the card does not accept the charges, there is a nine-day grace period for the user to change their payment method information or by rectifying inaccurate information. If, during that nine-day period, KINGPLAY CORPORATION is able to charge the current payment method or a replacement payment method is provided, and all past due monthly package charges are brought current, KINGPLAY CORPORATION Online benefits will continue for the user uninterrupted as long as payments continue to be made. If KINGPLAY CORPORATION is unable to charge the payment card (whether the existing method or a replacement method that is provided), during the nine-day grace period, the KINGPLAY CORPORATION Online Monthly Package will be suspended indefinitely on the 10th day after the initial attempt to charge the payment method was made. Within the 30 days immediately following the suspension, users should be aware that KINGPLAY CORPORATION may choose to try to charge the payment method every 10 days until the charges are covered. If the charges are covered, the KINGPLAY CORPORATION Online benefits will then be reinstated on the date of the acceptance of charges. That date will now become the date each month that your payment method is charged the monthly fee and applicable taxes until cancellation of the package occurs.
Cancellation by You.The initial regularly spaced KINGPLAY CORPORATION Online Monthly Package fee is valid for the initial period, beginning the date your paid monthly package begins and continuing until the same day of the following month. For users who began a trial period on July 10th, for example, and began a paid monthly package on August 11th, the 11th of each month will be the date charges will be applied to your registered payment method each month. Cancellation can be completed by the user at any time, and the user will not be charged for any additional renewals. Those users who choose to cancel on a day midway through the month, the following anniversary date will not result in charges to that user's payment method on record. In order to cancel a user's monthly package plan, toll-free calls can be made to 1-888-983-1287 in the US or 1-302-319-4668 in Canada for international assistance, seven days a week 0AM to 12PM. During the cancellation process, users will be required to provide certain information to KINGPLAY CORPORATION in regard to cancellation reasons.
Modifying of KINGPLAY CORPORATION Online Monthly Package.Modification of a user's monthly package, including upgrades, downgrades and the change from a monthly plan to a longer initial and renewal period for the package period can be completed as long as there is no lapse in the user's monthly package. For modifications, calls can be made toll-free to 1-888-983-1287 in the US and 1-302-319-4668 in Canada seven days per week 0AM to 12PM. Users will be asked to give authorization for the new periodic monthly package fee. Modifications to a user's KINGPLAY CORPORATION Online monthly package means agreement and direction to KINGPLAY CORPORATION or its agent to continue the automatic renewal process regarding your new online monthly package on the anniversary date that is now applicable. At that time, the applicable monthly package fee and all applicable fees will be charged to the Payment Method on file until the KINGPLAY CORPORATION Online Monthly package is canceled using the process outlined in the Terms and Conditions. The new package will begin on the anniversary date that applied to the previous monthly package choice.
KINGPLAY CORPORATION initiated Cancellations.KINGPLAY CORPORATION may suspend or cancel a KINGPLAY CORPORATION Online Monthly Package account, or it may choose to restrict access to a user's account by that user, with or without cause. Fraud, abuse or piracy.Games provided by the website are solely for personal, non-commercial use. KINGPLAY CORPORATION does not condone or approve the unauthorized copying or distribution of these games, nor do they approve of other infringement of protected intellectual property of KINGPLAY CORPORATION or any third parties.
Cancellation or Changes to Program by KINGPLAY CORPORATIONKINGPLAY CORPORATION may at any time make changes to the website services provided, including trials, availability and amount of e-coupons, promotional offers or other in-store free purchases, without limitation and at any time without prior notice to website users. KINGPLAY CORPORATION may also change Online Periodic monthly package fees and the number or composition of permitted purchases at any time, providing KINGPLAY CORPORATION provides email notification to users regarding the change in prices for monthly package fees and also the number or composition of purchases that may adversely affect the user. Users are in agreement that they will be charged the new applicable monthly package fee unless the user has opted to cancel their subscription prior to the anniversary date of their specific package charges. KINGPLAY CORPORATION also reserves the right to suspend or end an online service, such as offering a specific online monthly package plan or the offering of all online monthly package plans without prior notice and at the sole discretion of KINGPLAY CORPORATION. Users agree that monthly package in KINGPLAY CORPORATION Online does not involve the extension of credit or a retail instalment sale, since there is no finance charge imposed and users are permitted to cancel the monthly package at any time. Void where prohibited.
SALES TAX POLICYKINGPLAY CORPORATION Online will charge all state and local taxes as they are applicable.
RSS FEEDSRSS (Really Simple Syndication) feeds are provided to website users for the easy and quick distribution of information from the website of KINGPLAY CORPORATION or from the user's KINGPLAY CORPORATION Online account. Therefore, the RSS Feeds are accessible via an XML-based URL, able to be accessed through the RSS reader of the user's choosing. The use of personal RSS feeds that contain details regarding a user's KINGPLAY CORPORATION Online account, such as rankings, queue or activity, is at the discretion of the user. For the users that opt to utilize RSS Feeds, consent is given to transfer information to the location where the user has chosen to have the RSS Feed. KINGPLAY CORPORATION will not share any personally identifiable information in the user's feed. The user's use of an RSS feed may result in personally identifiable information to be associated with the user if it is associated with that particular RSS Feed. Users then recognize that the use of an RSS Feed and any information that can be personally identifiable is at the sole discretion of the user and at his or her risk.The use of KINGPLAY CORPORATION RSS feeds is for personal use and non-commercial use only. Users are reminded that the use of an RSS feed is up to the user only. Users are permitted to alter RSS feeds or leave them as is. However, all attributions to KINGPLAY CORPORATION must remain as they were in the RSS feed. There are no warranties provided by KINGPLAY CORPORATION involving RSS feeds. KINGPLAY CORPORATION reserves the right to terminate and/or change the feeds at any time, without notice to the user. KINGPLAY CORPORATION is not responsible for damage or loss that results during the use of an RSS feed, whether it be to the user or to anyone else.
KINGPLAY CORPORATION GAME DOWNLOADS TERMS AND CONDITIONS (“DOWNLOAD TERMS AND CONDITIONS”)Along with the above-mentioned KINGPLAY CORPORATION Terms and Conditions of Use, downloading games and/or other programming on this website is subject to the following additional Download Terms and Conditions. Users implicitly agree, by downloading, that they are bound by the Download Terms and Conditions about to be laid out. These terms and conditions are subject to change by KINGPLAY CORPORATION at any time and at the sole discretion of the corporation without notice to website users. Also, KINGPLAY CORPORATION reserves the right to change, modify or otherwise update portions of any available service, in its entirety or in part, at any time. Changes to these Download terms and conditions will be effective at the time they are posted to the website. At any time, the hyperlink at the bottom of the KINGPLAY CORPORATION website will allow users access to the most current version of the Terms and Conditions, which will supercede any earlier versions. Users are reminded to review the Download Terms and Conditions regularly and to watch for changes. The continued use of download services through this website is agreement and acceptance of the most current version of the Download Terms and Conditions.
Persons Under the Age of 18.Users have to have the following basic tenets in order to access this website: internet access, a valid checking account, check card or credit card and a valid email address. These requirements must be met before users can download games or other available programming on this website. All materials, including but not limited to graphic files, video files, audio files, games, hyperlinks, texts interlinks, search engines, or other content that KINGPLAY CORPORATION and any affiliates and/or subsidiaries make available as “Site Content” or make available only through this website to its registered users, pursuant to a fee-based license, which is dependent on the “Premium Content” section below. All available materials are only for those individuals who are over the age of 18. Users who register for the privilege of downloading premium content agree they are 18 years of age or older or have received consent from parents or guardians if they are between the ages of 13 and 18.
ACCEPTANCE OF TERMS AND REGISTRATION
Complying with Terms.Users that visit the website, utilize the services and access any of the premium content made available agree to adhere to all Download Terms and Conditions. Users also agree that they will not attempt, assist or encourage the alteration of software or applications related to the services available or to use the service or download content for commercial purposes. Users acknowledge that KINGPLAY CORPORATION may discontinue service, modify terms which impact the user's access to the service and/or the site content and, in any specific circumstance, KINGPLAY CORPORATION is not liable to the user as a result of any changes made. Purchases made by the user that allow premium content access set forth below, implicit agreement is made to download and install KINGPLAY CORPORATION's proprietary software application; make payments in a satisfactory and timely manner for purchased Premium Content and the provision of accurate, complete and truthful information to KINGPLAY CORPORATION by the user about themselves as required (“registration information”) for the purpose of creation of an account for use of the service and also to maintain and update all registration if applicable on a regular basis so that the information remains truthful and accurate. KINGPLAY CORPORATION reserves the right to decline business dealings with you at any time, for any reason or no reason. Users that violate the Terms and Conditions herein set out, or that provide false information, may see accounts suspended or terminated at the discretion of KINGPLAY CORPORATION. Access to service may also be terminated, with or without notice to the user. If this occurs, users will then be required to destroy any copy of downloaded content that they have in their possession. Also, it is the right of KINGPLAY CORPORATION to pursue other available avenues or remedies in law or equity if the Download Terms and Conditions are violated, or there is a violation of the licensor's rights under copyright.
Payment for Premium Content.KINGPLAY CORPORATION charges a license fee for each time the right to view Premium Content is licensed via the service (“License Fee”). The license fee price will be made available to users at the time of purchase. Payment for premium content is required and can be made by credit card. Users then authorize KINGPLAY CORPORATION and an authorized agent to process these transactions on the behalf of the user as license fees accrue. Users that authorize the corporation to process these transactions should be aware that the corporation will keep that credit card information on file for the purpose of an easier checkout process in the future. Users agree and are aware that fraudulent reports to credit card companies regarding the charges for premium content from this website or the Service, or if an authorized charge by the KINGPLAY CORPORATION is reported to the credit card company as unauthorized, users will face action in a law or other equitable capacity from KINGPLAY CORPORATION, if the corporation chooses to pursue this route.
LICENSE TO SITE CONTENT AND PREMIUM CONTENTPremium Content LicensePremium Content includes a) game content where the user is required to pay specific fees to have the right to use the game content for a specified period of time and b) game content offerings that are labeled “buy”, “download” or “upgrade” on the website where specific fees are paid to provide users the right to watch video content an unlimited number of times.
Content LicenseWhen a user pays the initial license fee, non-exclusive, non-transferable and limited right and license for viewing, private display within the residence and use or permitted non-residential use rights will be provided by the website. The content purchased by users can be viewed via 1) computer (or other devices that receive specific license from KINGPLAY CORPORATION) that is connected to the Internet and reaches the website in this manner (all users are required to adhere to download terms and conditions), with KINGPLAY CORPORATION allowing downloaded content to the hard drive of the computer. Users are not allowed to copy or move the Content from its original location on the hard drive. Initial license to content is limited to 30 days in duration or to 24 hours from the start of the initial display and viewing, whichever occurs first, unless there was a specific notation regarding a shorter time limit for viewing at the time of purchase. In some cases, users are permitted via specific extents specified on the website to purchase licenses for one or more additional 24-hour periods for a specific item. For users that purchase an additional content license, an additional viewing period of 24 hours will be granted from the start of the item's display and viewing. Users comprehend and agree that the content will not be available to be accessed after the additional 24-hour viewing period has ended. For the purpose of the Download Terms and Conditions, the following definitions will be applied to certain terminology; I) “residence” means a private, residential dwelling or a private office space, not including motel rooms, hospital rooms, hotel rooms, bars, prisons, restaurants, drilling rigs, barracks or other structures or places of work-related or transitional residence nor is it to apply to areas, rooms, structures or offices that have common areas or are open to the public; ii) “Permitted Non-Residential Use” will mean the private viewing by one person or a group of people of a video monitor, whether it be desktop, laptop, television or handheld device, in a non-residential venue (any instance where additional fees are charged to watch said video screen in a common area would not be applicable under this definition); III) “Non-Residential venue” is any place other than a residence, be it a structure, room or other area.
Retained Content LicenseWhen a license fee is paid, KINGPLAY CORPORATION agrees to grant the user a non-exclusive, non-transferable, limited right and license under copyright for the purpose of creating and maintaining a permanent copy of the retained content. This content can be viewed, used and privately displayed in the user's residence or for permitted non-residential use, if it fits under the following guidelines:Users may keep in their possession a permanent copy of the retained content stored on the hard drive of a computer or other authorized device where the content is initially delivered via an Internet connection and the service.Users are permitted to create a single back-up copy of the content on a removable media device, i.e. recordable DVD, if the content is kept in the same format as the original file that was downloaded to the hard drive. This is also specific to certain content and permitted on case-by-case basis. Two additional copies can be made by the user for two additional licensed computers. For this to be acceptable and not interfere with viewing the original copy of the content, each computer will need to access the service via its own Internet connection and access the user account to receive a new license. The additional copy feature is as yet not available via the website, so back-up copies of the content on a DVD will not play correctly.KINGPLAY CORPORATION may find it necessary at certain points to specify the devices compatible with the website and those that can receive a license to view retained content at the time of a download and the receipt of a new license. Rights granted to the user at the time of purchase or under the Terms and Conditions to make and keep copies of retained content is only an accommodation to the user and not a grant or waiver of the rights of the copyright owners, especially in the case of audio and/or video content contained within retained content users obtain from the website.Users that attempt to download a copy of retained content and find that the copy does not play correctly should immediately contact Customer Service. Attempts will be made to rectify any issues. After that, users are responsible for keeping track of their copy of the content, as KINGPLAY CORPORATION is under no obligation to replace the content once it has been downloaded by the user under the stipulations put forth by the license given at the time of download. If the hard drive crashes or for any other reason, the user loses the retained content, no replacements will be provided by KINGPLAY CORPORATION.Users agree that no ownership rights are obtained when content is downloaded from the website. The license set forth is covered under Download Terms and Conditions and does not provide ownership rights to the user or provide a waiver of rights of KINGPLAY CORPORATION, or the licensors or copyright owners affiliated with the corporation.Users are not permitted to re-sell, re-distribute, or transfer the Retained Content to another user or individual for any reason. Likewise, users are not permitted to use the content in any manner that is not covered by the Download Terms and Conditions or the specifications set forth at the time of the download from the website. Any rules regarding content use that are printed on the website are a part of the Download Terms and Conditions.
MINIMUM SPECIFICATIONSHardware and software platforms specified on the website are the only ones that will properly operate the service. Users are responsible for ensuring they have the appropriate software and hardware for effective operation, as well as a sufficient internet connection. The right to cease support for specific hardware and software platforms is retained entirely by KINGPLAY CORPORATION, and can be done without notice to users.
Title to Premium ContentPremium Content provided by KINGPLAY CORPORATION, as well as by third parties through the service, is the property of KINGPLAY CORPORATION and any specified subsidiaries or licensors. Ownership rights, title and intellectual property rights are also solely the property of either KINGPLAY CORPORATION or third-party content owners named by KINGPLAY CORPORATION. Thus, that premium content is protected by applicable copyrights and relevant laws. Other than the terms written within these terms and conditions, the Download Terms and Conditions do not provide users with any implied license or express rights to premium content. This includes but is not limited to the right to copy, modify, broadcast, perform or publicly display said Premium Content.
TERMINATIONTermination for BreachThese Download Terms and Conditions, as well as licenses granted via these terms for the use of Premium Content, will terminate automatically in the case of failure to comply with limitations or requirements set forth within these terms for users. At that time, users are required to destroy any premium content currently in their possession, as well as retained content. No notice is required for any such termination to be effected, and it would be immediate.
To avoid any unwanted charges, please be sure to read the complete details of each subscription package during signup.
If you have experienced any of the following situations on KINGPLAY CORPORATION, you may qualify for a refund.
- ·Technical Problems: we will issue a refund if technical issues prevent you from using the site.
- ·Compromised Security: accounts subject to fraudulent activity will be refunded.
- ·Billing Errors: accidental overcharges warrant a full refund.
- ·Not What You Expected: if our website doesn’t deliver the experience advertised, we will issue a refund.
We cannot issue partial refunds under any circumstances. Refund claims must be made within 60 days of a contested payment. If you wish to stop using our service, you are solely responsible for cancelling your account.
KINGPLAY CORPORATION 501 Silverside Road
Digital Break LTD Ground Floor
One Victoria Square
Toll-Free No: 1-888-983-1287
Primary No: 1-302-319-4668
SERVICES COUNTRY LIMITATIONS
KINGPLAY CORPORATION services are restricted in the following countries: Afghanistan, Anguilla, Albania, Angola, Bosnia and Herzegovina, Barbados, Burkina Faso, Burundi, Benin, Botswana, The Democratic Republic of the Congo, Central African Republic, Congo, Cote d'Ivoire, Cameroon, China, Cuba, Djibouti, Algeria, Egypt, Western Sahara, Eritrea, Ethiopia, Gabon, Georgia, Ghana, Gambia, Guinea, Guinea-Bissau, Indonesia, Israel, Iraq, Islamic Republic of Iran, Kenya, Liberia, Lesotho, Libyan Arab Jamahiriya, Madagascar, Macedonia, Mali, Mauritania, Malaysia, Mozambique, Namibia, Niger, Nigeria, Pakistan, Reunion, Romania, Russian Federation, Rwanda, Sudan, Sierra Leone, Senegal, Somalia, Swaziland, Chad, Togo, Tunisia, United Republic of Tanzania, Ukraine, Uganda, Zambia, Zimbabwe.KINGPLAY CORPORATION name, design, and related marks are trademarks of 2015. KINGPLAY CORPORATION All rights reserved. Effective Jan 1st, 2015