Terms of Service

1.1 Governing Agreement

The terms of this agreement (“Terms of Service”) govern the relationship between you and Donate2Play Media Inc. (hereinafter “Donate2Play Media Inc.” or “”Us” or “We”) regarding your use of Donate2Play Media Inc’s social games and related services, which includes Donate2Play Media Inc. websites (the “Service”). In this agreement, “Donate2Play Media Inc. means Donate2Play Media Incorporated located at Suite A – Unit 5 – 881 Nicholson Street, Victoria, BC, Canada. V8X 5C5.

1.2 Privacy Policy

Use of the Service is also governed by Donate2Play Media Inc’s Privacy Policy, which is incorporated here by reference. Your privacy is very important to us and as such, we’ve created Donate2Play Media Inc’s Privacy Policy to make important disclosures about how we collect and use your content and information and how you can use the Service to share such information with others. We encourage you to read the Donate2Play Media Inc. Privacy Policy.
By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information outlined in Donate2Play Media Inc’s Privacy Policy.

1.3 Updates to the Terms of Service and Donate2Play Media Inc. Privacy Policy.

Donate2Play Media Inc. reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by hosting the amended Terms on the Donate2Play Media Inc. Service. You may also be given additional notice, via email or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. This agreement may not be otherwise amended except in a written submission signed by you and by Us. For purposes of this provision, “writing” does not include an email message and signature does not include an electronic signature. .
If at an point, you do not agree to any portion of the most recent version of our Terms of Service, the Donate2Play Media Inc. Privacy Policy, or any other Donate2Play Media Inc. policy, codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately halt using the Service.
To the extent the Terms of Service or Donate2Play Media Inc. Privacy Policy conflict with any other Donate2Play Media Inc. terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in Donate2Play Media Inc’s Privacy Policy shall supersede all others.

1.4 Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Donate2Play Media Inc. policies, Donate2Play Media Inc. grants you a non-exclusive, non transferable, revocable limited license subject to the limitations outlined in Sections 1.5 – Sections 1.9 to access and use the Service using a Donate2Play Media Inc. supported web browser (Safari, FireFox, Mozilla, IE) or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

1.5 Accessing the Service

Before accessing or using the Service, including browsing and Donate2Play Media Inc’s website or accessing a game, you must agree to these Terms of Service and Privacy Policy. You may also be required to register an account on the Service (an “Account”), have a valid account on the social networking service through which you connect to the Service, or have an account with the applications provider for your mobile device. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component. You are responsible for any fees, including internet hook-up, connection or mobile fees that you incur when accessing the Service.

1.6 Use of the Service

The following restrictions apply to the use of the Service:
i. You shall not create an Account or access the Service if you under 13-years of age.
ii. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment mechanisms by minors.
iii. You shall not have more than one account per platform or social networking site at any given time, and you shall not create an account using a false identity or information, either for yourself or on behalf of someone else.
iv. You shall not create and Account to use the Service if you are a convicted sex offender.
v. You shall not have an Account or use the Service if you have previously been removed by Donate2Play Media Inc. or previously been banned from playing Donate2Play Media Inc. games.
vi. You shall use your Account for non-commercial purposes.
vii. You shall not utilize your account for advertising, to solicit or transmit any commercial messages, including chain letters, junk e-mail, SPAM, or other messages deemed repetitive and annoying by other users.
viii. You shall not use your Account to engage in any illegal conduct.
ix. You shall not rent, lease sell, trade, bequeath, gift or otherwise transfer your account or any virtual items/currency such as Karma Coins associated with your Account to anyone without Donate2Play Media Inc’s written permission
x. You shall not access or use an Account which has been rented, leased, sold, bequeathed, gifted, traded or otherwise transferred from the Account creator without Donate2Play Media Inc’s permission
xi. If you access the Service from a Social Networking Site, you shall comply with its terms of service as well as these terms of service.

1.7 Account Information

When creating or updating an Account on the Service, you are required to provide Donate2Play Media Inc. with certain personal information, which may include name, D.o.B., email address, and, payment information to process Karma Coins for payments/donations. This information will be held and used in accordance with Donate2Play Media Inc’s privacy policy. You agree that you will supply accurate and complete information to Donate2Play Media Inc., and that you will update that information swiftly after it changes.
You further understand that on certain Donate2Play Media Inc. websites your user ID number, profile picture and name will be publicly available and that search engines may index your name and profile picture.

1.8 Username and Password

During the Account creation process, you will be required to select a password (Login Information). The below set of rules dictate the security of your login information:
i. You shall not share the Account or corresponding Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account.
ii. In the event you become aware of or reasonably suspicious of any breach in security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information you must immediately notify Donate2Play Media Inc. and modify your Login Information.
iii. You are solely responsible for maintaining the confidentiality of the Login Information, including purchases, whether or not authorized by you,.
a. You are responsible for anything that happens through your Account.
iv. Donate2Play Media Inc. reserves the right at to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

1.9 License limitations

Any use of the Service in violation of these license limitations is strictly prohibited, can result in the immediate revocations of your limited license granted by section 1.4, and may subject you to liability violations of law. Any attempt by you to DISRUPT, DISABLE, or INTERFERE with the Service including undermining or manipulating the legitimate operation of any company game is a violation of company policy and may well be a violation of other state/federal law and civil laws. You agree that you will not, under any circumstances:
i. Engage in any act that Donate2Play Media Inc. deems to be in conflict with the spirit or intent of the Service.
ii. Make improper use of a Company’s support service, including by submitting false abuse reports.
iii. Use the Service in connection with any violation of any applicable regulation; or do anything that promotes the violation of any applicable law or regulation.
CHEATING and HACKING – you agree that you will not, under any circumstances:
iv. Use cheats, exploits, automation software, bots, hack mods or any unauthorized third-party software to design or assist to modify or interfere with the Service, any Donate2Play Media Inc. game or any Donate2Play Media Inc. game experience.
v. Without Donate2Play Media Inc’s express consent, modify or cause to be modified any files that are a part of the Service or any Donate2Play Media Inc. game.
vi. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Donate2Play Media Inc. game environment (each a “Server”) or (2) the enjoyment of the Service or any Donate2Play Media Inc. game by any other person.
vii. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s enjoyment of the Service.
viii. Attempt to gain unauthorized access to the Service, Accounts registered to others or the computers, Servers, or networks connected to the Service by any means other than the interface provided by Donate2Play Media Inc., including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service.
OFFENSIVE OR INFRINGING CONTENT – you agree that you will not, under any circumstances:
ix. Post insidious content, that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable, inappropriate or offensive.
x. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
xi. Attempt to harass, abuse, or harm, or advocate or include harassment, abuse or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Donate2Play Media Inc. and its employees, including customer service representatives.
xii. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of any person or entity or impersonates any other person, including without limitation a Donate2Play Media Inc. employee.
COMMERCIAL ACTIVITY – you agree that you will not, under any circumstances:
xiii. Without the Company’s express written consent, use the Service, any Donate2Play Media Inc. game, or any part thereof for any commercial purpose, including but not limited to (1) permitting, authorizing, or offering use of the Service, any Donate2Play Media Inc. game, or any part thereof at a Cyber Café, computer gaming centre or any other commercial establishment provided however that, for clarity, providing the means for users to access the Internet is not prohibited from foregoing, (2) communicating or facilitating any commercial advertisement or solicitation, or (3) gathering in-game currency, items or resources for sale.
xiv. Use the Service, or any Donate2Play Media Inc. game, or any part thereof for performing in-game services, in exchange for payment outside of the Service.
xv. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items or:
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE – you agree that you will not, under any circumstances:
xvi. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service for any Donate2Play Media Inc. game in any way that is not consistent with these Terms of Service.
xvii. Use any unauthorized third-party software that accesses, intercepts, “mines” or otherwise collects information from or through the Service or that is in transit from or through the Service, including without limitation, any software that reads areas of RAM or stream of network traffic used by the Service or any Donate2Play Media Inc. game characters, elements, or environment. Donate2Play Media Inc. may, at its discretion, allow the use of certain third party user interfaces.
xviii. Intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of network analyser, packet sniffer or other device.
xix. Make any automated use of the system, or take any action that imposes or may impose (in or discretion) an unreasonable or disproportionately large load on our infrastructure.
xx. Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, crawl the Service, or harvest or manipulate data.
xxi. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service or (2) any connection using programs, tools, or software not expressly approved by Donate2Play Media Inc.
xxii. Reverse Engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any d2p media game, or to obtain any information from the Service or any d2p media game using method not expressly permitted by d2p media.
xxiii. Copy, modify, or distribute rights to the content from any Donate2Play Media Inc. game site or game, or Company’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service.
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION – you agree that you will not, under any circumstances:
xxiv. Solicit or attempt to solicit personal information from any other users of the Service or any Donate2Play Media Inc. game.
xxv. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification of documents, or financial information through the Service.
xxvi. Upload or transmit (or attempt to upload or to transmit) without the Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”).

1.10 Suspension and Termination of Account and Service –

Without limiting any other remedies, Donate2Play Media Inc. may limit, suspend, terminate, modify or delete accounts or bar access to Donate2Play Media Inc’s games Services or portions thereof if you are , or Donate2Play Media Inc. suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Service, with or without notice to you. You can lose your name and persona as a result of account termination or limitation, as well as any benefits, privileges, games purchased through payment/donation with your use of the Service, and Donate2Play Media Inc. is under no obligation to compensate you for any such losses or results. Without limiting our other remedies, we may limit, suspend or terminate the Service and user accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing the IP rights of third parties, or acting in an inconsistent manner with the letter or spirit of our Terms or Policies. In addition, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat offenders/infringers of third party intellectual property rights.
Donate2Play Media Inc. reserves the right to stop offering and/or supporting the Service of a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such an event, Donate2Play Media Inc. shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued services.
Termination of your account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the links and instructions on www.donate2play.com.

1.1.1 Ownership

The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, narratives, images, dialogue, donation screens, donation prompts, musical sounds, customized virtual currency, scores, snazzy phrases, in-game chat transcripts, documentation, records of games played using a Donate2Play Media Inc. game client and the Donate2Play Media Inc. game clients and server software, musical compositions, audio-visual embeds) are copyrighted works owned by Donate2Play Media Incorporated. Donate2Play Media Inc. reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

1.1.2 Accounts


1.1.3. Virtual Items

Donate2Play Media Inc. owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or the Donate2Play Media Inc. games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency (Karma Coins) appearing or originating in any Donate2Play Media Inc. game, whether earned in a game or purchased from Donate2Play Media Inc., or any attributes associated with an Account or stored on the Service.
Donate2Play Media Inc. prohibits and does not recognize any purported transfers of virtual property effectuated outside the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless expressly authorized by Donate2Play Media Inc. in writing. Accordingly, you may not trade, sell or attempt to sell in-game items or Karma Coins for ‘real’ money, or exchange those items or currency for value of any kind outside of a game, without Donate2Play Media Inc’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.

1.1.4. Donations and Donation Prompt

Donate2Play Media Inc. expressly prohibits the copying or copyright infringing upon the donation prompt screens within Donate2Play Media Inc. games. Karma Coins are the virtual currency of choice for our charitable clients that we develop and design the games for, which you as the user are playing and donating. We strive to ensure full transparency so that your donation is allocated in an accountable method and manner to the charitable entity for which you are playing the game.

1.1.5. User Content

“User content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Donate2Play Media Inc. game client or the Service, or that other users upload or transmit, including without limitation any chat/text/in-game messaging.
By transmitting or submitting any User Content while using the service, you affirm, represent and warrant that such transmission or submission is (i) accurate and not confidential, (ii) not in violation of any laws, contractual restrictions/constraints or other third party rights, and that you have permission from any third party whose personal information or IP is made up of the User Content (iii) free of viruses, spyware, adware, worms or other malicious code, and (iv) you acknowledge and agree that any of your personal information within such content will at all times be processed by Donate2Play Media Inc. in accordance with our Privacy Policy.
You hereby grant Donate2Play Media Inc. a perpetual and irrevocable (other than provided below) worldwide, royalty-free, fully paid-up, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, strengthen, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, trade, sell, license, sub-license, rent, lease, transmit, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use User posted content (except any content you submit in response to Donate2Play Media Inc. promotions and competition or any other content specifically solicited by Us) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they may not delete it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

2. User Content

2.1 Content Screening

Donate2Play Media Inc. assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or offensive content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion and to the best of our ability, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service.
By entering into the Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any times Donate2Play Media Inc. chooses, in our sole discretion, to monitor the Service, Donate2Play Media Inc. nonetheless assumes no responsibility for User Content and assumes no obligation t modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

2.2 Information use by Other Members of the Service.

2.2.1 Public Discourse

The Service may include various forms, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. Donate2Play Media Inc. cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Donate2Play Media Inc. shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
Donate2Play Media Inc. is NOT responsible for a member’s misuse or misappropriation of any content or information you post in any forums, blogs and chat rooms.

2.2.2 Responsible for your own content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, not permissible or otherwise violate these Terms of Service, and Donate2Play Media Inc. assumes no responsibility or liability for this material. If you become aware of the Service by any person, please use any “Report Abuse” link provided or contact us directly via our website or at this email address policies@donate2play.com.
Donate2Play Media Inc. may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Donate2Play Media Inc. violate these Terms of Service.
Donate2Play Media Inc. reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.

2.3 Disclosure

You expressly agree that We have the right, at all times, and at our sole discretion, to disclose any user content and other information (including without limitation chat text, voice communications, IP addresses and your personal information) (i) in response to legal process (eg, a court order, search warrant) when we have a good faith belief that the information is required to be disclosed in response to litigation, (ii) to allow Donate2Play Media Inc. to satisfy any applicable law, regulation or governmental request, (iii) to allow Us to enforce these Terms of Service, the Donate2Play Media Inc. privacy policy or any other agreement, terms or policy relating to the Service, (iv) in other circumstances in which we believe the Donate2Play Media Inc. games or website are being used in the commission of a crime and for the purposes of reporting the same to the appropriate authorities (v) to report any other suspected crime or other offensive behavior to the appropriate authorities, (vi) when We have reasonable suspicion that there is a threat to the health or safety of you or anther person, (vii) or when necessary either to protect the rights or property of Donate2Play Media Inc., or for Us to render the Service you have requested.

2.4 User Interactions

2.4.1 User Disputes

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Donate2Play Media Inc. games. Donate2Play Media Inc. reserves the right, but has no obligation, to become involved in any way with these disputes.

2.4.2 Release

If you have a dispute with one or more users, you release us (and all our representatives) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a Californian resident, you should be aware that by participating you waive California Civil Code 1542.

3. Fees and Purchase Terms

3.1 Purchases

In the Service you may purchase through payment via the donation screen, with “real world” money and values, a license to use and play Donate2Play Media Inc. games. Additionally, as part of donating to play (for example, x # of plays depending on your selected purchase amount) this could include purchases of (i) Virtual currency, including but not limited to virtual coins (Karma coins) cash, tokens or points, all for use in Donate2Play Media Inc. games (ii) virtual in-game items and (iii) other goods and services (merchandise). ALL PURCHASES and REDEMPTIONS of third party virtual currency made through the Service are non-refundable.
You can make purchases through i) prompt for donation screen or ii) visiting the ‘donation’ and payments pages in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Items from our Service, we may send you a confirmation email that will contain details of the items you ordered. If we do so, please confirm these details (in the email) as soon as possible and maintain a copy for your records. Donate2Play Media Inc. keeps records of transactions in order to deal with any subsequent queries.
For Virtual Items, your order will represent an offer to us to purchase the relevant product(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.
The provision of Virtual Items for use in Donate2Play Media Inc. games is a service provided by Donate2Play Media Inc. that commences immediately upon acceptance by Donate2Play Media Inc. of your purchase. By ordering virtual items you agree and accept that Donate2Play Media Inc. will provide them to you immediately following completion of your purchase. If you reside in the EU and you purchase a product or Service from Donate2Play Media Inc., you have the right to withdraw from a purchase within seven calendar days, commencing on the date after purchase (the cooling off period). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once you purchase is completed.

3.2 Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Donate2Play Media Inc. may revise the pricing for virtual currency to buy game plays, for virtual goods and services offered through the Service at any time. You acknowledge that Donate2Play Media Inc. is not required to provide a refund for any reason, and that you will not receive any money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

4.0 Third Party Advertising

4.1. Third Party Advertisements

You understand that the Service and Donate2Play Media Inc. games may feature advertisements from Donate2Play Media Inc., or its affiliates and partners, such as charitable organizations. The Company’s disclosure of information for third party advertising/advocacy is addressed in the Company’s Privacy Policy.

4.2 Links to Third Party Sites And Dealings With Advertisers

Donate2Play Media Inc. may provide links on the Service to third party website or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Donate2Play Media Inc. makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Donate2Play Media Inc. and may collect data or solicit personal information from you. Donate2Play Media Inc. is not responsible for their content, privacy policies, business practices, or for the collection, use or disclosure of any information such sites may collect. Further, the inclusion of any link does not imply Donate2Play Media Inc. endorses any of the links/linked sites.

5. Copyright Notices/Complains

It is the Company’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Donate2Play Media Inc. reserves the right to terminate without notice any User’s access to the Service if that User is determined by Us to be a repeat infringer. In addition, Donate2Play Media Inc. accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

6. Updates to the Service

You understand that the Service is an evolving one. Donate2Play Media Inc. may require that you accept updates to the Service and to the Company’s games you have installed on your computer. You acknowledge and agree that Donate2Play Media Inc. may update the Service and Donate2Play Media Inc. games, with or without notification to you. You may need to update third party software from time to time in order to receive the Service and play our Company’s games.

7. Disclaimers/Limitations/Waivers/Indemnification

7.1 Disclaimer of Warranties

You expressly agree that use of the Service is at your sole risk and is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period the shorter of thirty days from first use or the minimum period required).
Without limiting the foregoing, NEITHER Donate2Play Media Inc. nor its affiliates or subsidiaries or any of their Directors, Employees, Agents, Distributors, Attorneys, Third-Party Content Providers, Licensees or Licensors (collectively, “Donate2Play Media Inc. parties”) warrant that the Service will be uninterrupted or error-free.

7.2 Limitations, Waivers of Liability

You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause or action whatsoever of any jurisdiction, including, without limitation actions for breach of warranty, breach of contract or tort (including negligence) and that Donate2Play Media Inc. parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the Service. You further specifically acknowledge that the Donate2Play Media Inc. parties are not liable, and you agree not to seek to hold the Donate2Play Media Inc. parties liable for the conduct of third parties including other users of the Service and operators of external sites, and that the risk of the Service and external sites and of injury from the foregoing rests entirely with you.
Under no circumstances will the Donate2Play Media Inc. parties be liable to you for more than the amount you have paid Donate2Play Media Inc. in the one-hundred and eighty days (180) immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid Donate2Play Media Inc. any amounts in the 180 days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with Donate2Play Media Inc. is to stop using the Service and to cancel your account. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages Therefore, some of the above limitations in the section may not apply to you.

7.3 Indemnification

You agree to indemnify, save, and hold Donate2Play Media Inc., its affiliated companies, contractors, employees, agents, licensors, licensees, partners and third-party suppliers harmless from any claims, losses, damages, liabilities, including legal fees and expense, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties and covenants made by you herein. Donate2Play Media Inc. reserves the right, at Your Expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Donate2Play Media Inc., and you agree to cooperate with our Company’s defence of these claims. Donate2Play Media Inc. will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

8. Dispute Resolution

8.1 General

If a dispute arises between you and Donate2Play Media Inc., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Donate2Play Media Inc. agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage that you first contact us directly to seek a resolution by emailing policies@donate2play.com.

8.2 Law and Forum for Legal Disputes

This agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the Province of British Columbia as they apply to agreement entered into and to be performed entirely within British Columbia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Donate2Play Media Inc. must be resolved exclusively by a Provincial or Federal court, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Victoria, British Columbia, Canada for the purpose of litigating all such claims or disputes.

8.3 Improperly Filed Claims

All claims you bring against Donate2Play Media Inc. must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2 Donate2Play Media Inc. shall be entitled to receive legal fees and costs up to $1000.00, provided that Donate2Play Media Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

9.0 Severability

You and Donate2Play Media Inc. agree that if any portion of these Terms of Service or of the Donate2Play Media Inc. Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

10.0 General Provisions

10.1 Assignment

Donate2Play Media Inc. may assign or delegate these Terms of Service and/or the Donate2Play Media Inc. Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Donate2Play Media Inc’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2 Supplemental Policies

Donate2Play Media Inc. may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

10.3 Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Donate2Play Media Inc. Privacy Policy), contain the entire understanding of you and Donate2Play Media Inc., and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, precedent, policy between you and us with respect to the Service.

10.4 No Waiver

The failure of Donate2Play Media Inc. to require or enforce strict performance by you of any provision of these Terms of Service or the Donate2Play Media Inc. Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Donate2Play Media Inc’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver of Donate2Play Media Inc. of any provision, condition, or requirement of these Terms of Service or of the Donate2Play Media Inc. Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Donate2Play Media Inc. shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a representative of Donate2Play Media Inc.

10.5 Notices

We may notify you via postings on www.donate2play.com, and via email or any other communications means to contact information you provide to us. If you are a User in Canada, the United States or Japan, all notices given by you or required from you under these Terms of Service or the Donate2Play Media Inc. Privacy Policy shall be in writing and addressed to Donate2Play Media Inc, Suite A – Unit 5 – 881 Nicholson St., V8X 5C5, Victoria, BC, Canada. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.6 Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Donate2Play Media Inc. are of a unique and irrevocable nature, the loss of which shall irreparably harm Donate2Play Media Inc. and which cannot be replaced by monetary damages alone so that Donate2Play Media Inc. shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek an injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Donate2Play Media Inc. game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims for monetary damage, limited by Section 7.2 (if any).

10.7 Force Majeure

Donate2Play Media Inc. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Donate2Play Media Inc., including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Donate2Play Media Inc’s control such as acts of God, war, terrorism, riots, acts of civil or military authorities, embargoes, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.