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Terms & Conditions

Last Updated: April 15, 2024

Introduction

These Terms and Conditions ("Terms") govern your access to and use of the CanPlay Studios website, mobile applications, games, and other services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

Use of Services

Account Registration

Some of our Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

User Content

Our Services may allow you to post, upload, publish, submit, or transmit content ("User Content"). By making any User Content available through our Services, you grant us a worldwide, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit such User Content in connection with the Services.

You represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use your User Content as described in these Terms
  • Your User Content does not violate any third-party rights, including intellectual property rights and privacy rights
  • Your User Content complies with these Terms and all applicable laws and regulations

Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Using the Services for any illegal purpose or in violation of any local, state, national, or international law
  • Attempting to circumvent any content-filtering techniques we employ or accessing areas of the Services to which you are not authorized
  • Developing or using any third-party applications that interact with our Services without our prior written consent
  • Using the Services in any manner that could disable, overburden, damage, or impair the Services
  • Uploading viruses or other malicious code or otherwise interfering with the security of the Services
  • Collecting or harvesting any personally identifiable information from other users of the Services
  • Impersonating another person or entity or falsely stating or misrepresenting your affiliation with a person or entity
  • Interfering with or disrupting the Services or servers or networks connected to the Services
  • Using any robot, spider, or other automatic device to access the Services for any purpose

User Behavior and Community Standards

When using our Services, you agree to abide by the following community standards:

  • Be respectful to other users and avoid offensive, abusive, or harassing behavior
  • Do not post content that is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful
  • Respect the intellectual property rights of others
  • Do not attempt to manipulate the gameplay or scoring mechanisms in our games
  • Do not engage in any activity that could harm minors
  • Do not promote discrimination, racism, sexism, or any other form of hate speech

We reserve the right, but are not obligated, to monitor or review any content on our Services. We may remove or refuse to post any content that violates these Terms or that we find objectionable for any reason.

Intellectual Property Rights

Our Intellectual Property

The Services and their original content, features, and functionality are owned by CanPlay Studios and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CanPlay Studios.

License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use and access the Services for your personal, non-commercial use.

You may not:

  • Modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Services
  • Use any data mining, robots, or similar data gathering or extraction methods
  • Decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code for the Services
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices

Purchases and Payment

In-App Purchases

Some of our games may offer the opportunity to purchase virtual items or currency for use in the games. These purchases are final and non-refundable, except as required by applicable law.

You acknowledge that:

  • Virtual items and currency have no monetary value and cannot be redeemed for real money
  • Virtual items and currency are licensed to you, not sold
  • We reserve the right to manage, regulate, control, modify, or eliminate virtual items or currency at any time
  • We are not liable for the loss of any virtual items or currency

Subscriptions

Some of our Services may offer subscription-based access. By subscribing, you authorize us to charge your chosen payment method on a recurring basis until you cancel.

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. You can manage and cancel your subscriptions through the account settings in the app store or platform from which you subscribed.

Limitation of Liability

To the maximum extent permitted by law, in no event shall CanPlay Studios, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services
  • Any conduct or content of any third party on the Services
  • Any content obtained from the Services
  • Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for any claim arising from or relating to these Terms or our Services, regardless of the form of the action, shall be limited to the amount paid, if any, by you to us for the Services in the 12 months preceding the claim.

Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

  • The Services will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Services are free of viruses or other harmful components
  • The results of using the Services will meet your requirements

Indemnification

You agree to defend, indemnify, and hold harmless CanPlay Studios, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with:

  • Your access to or use of the Services
  • Your violation of these Terms
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
  • Any claim that your User Content caused damage to a third party

Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by CanPlay Studios. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that CanPlay Studios shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or, where applicable, delete your account.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date at the top of these Terms.

Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall be conducted in English and shall take place in the Province of Ontario, Canada.

Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.

You agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@canplaystudios.com

Address: Studio 07 Holmes Junction, Selinachester, B14 5TF, Canada

Phone: +446327072664

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Address: Studio 07 Holmes Junction, Selinachester, B14 5TF

Phone: +446327072664

Reg Number: 51980560

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