Terms of Service

 

These Terms of Service (“Terms”) govern your access to and use of Overtime Media Inc’s (“Overtime”) services and websites including, but not limited to, the RightPlay service (“RightPlay”) and the www.RightPlay.com website (the “Website”), (collectively the “Services”), and any information, video, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

 

Basic Terms

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to either the Account Settings page to control which users may see your Content). You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Overtime and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

 

The Services that Overtime provides are always evolving and the form and nature of the Services that Overtime provides may change from time-to-time without prior notice to you. In addition, Overtime may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to adjust limits on use and storage at our sole discretion at any time without prior notice to free account members, and with 7 days prior notice by email to paid account members.

 

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Overtime on the Services are subject to change. In consideration for Overtime granting you access to and use of the Services, you agree that Overtime and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

 

Passwords

 

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Overtime cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

Content on the Services

 

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

 

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Overtime be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.  Overtime expressly disclaims any and all liability in connection with Content submitted to the RightPlay site by its users. Overtime does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Overtime will remove all such Content if properly notified that such Content infringes on another's intellectual property rights. Overtime reserves the right to remove Content without prior notice.

 

Your Rights 

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Overtime to make such Content available to other companies, organizations or individuals who partner with Overtime for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Overtime, or other companies, organizations or individuals who partner with Overtime, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

 

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

 

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Overtime will not be responsible or liable for any use of your Content by Overtime in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

 

Overtime Rights

 

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Overtime and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Overtime or RightPlay name or any of the Overtime or RightPlay trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Overtime, RightPlay, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

Restrictions on Content and Use of the Services

 

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames.  We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Overtime, RightPlay, its users and the public.

 

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Overtime’s computer systems, or the technical delivery systems of Overtime’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) unless you have been specifically allowed to do so in a separate agreement with Overtime (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Overtime is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

 

Copyright Policy

 

Overtime respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Overtime will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Joe Yevoli

110 E. 23rd Street, Floor 8

New York, NY 10010

 

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of RightPlay, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of RightPlay or for any service offered on or through RightPlay, the latter terms shall control with respect to your use of that portion of RightPlay or the specific service.

Overtime’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter such agreements.

Overtime may make changes to any products or services offered on the website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the website with respect to products and services may be out of date, and Overtime makes no commitment to update the materials on the website with respect to such products and services.

The following terms also govern and apply to your use of the website, and they are incorporated herein by this reference:

Void Where Prohibited

Overtime administers and operates the www.RightPlay.com Site from its location in New York, New York USA. Although the website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Overtime reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the website is void where prohibited. If you choose to access the website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Membership and Billing 

You can find the specific details regarding your RightPlay membership at anytime by clicking on the "Account" link, located at the top of the pages of the RightPlay website.

Free Trials

We encourage the use of our service through free trials. Free trials last indefinitely for eligible members, but we reserve the right to adjust, cancel or otherwise restrict the length of any or all free trial accounts at any time and without prior notice to you .  The “Archive” feature of your free trial account lasts for two weeks from the date of your account’s activation.  At the expiration of that two week period, you will no longer have access to your account’s Archive feature, and you will be unable to access the Content contained within your Archive until you upgrade to a paid account.  To view the specific details regarding your free trial, if any, click on the "Account" link located at the top of every RightPlay account  page.

You must have Internet access and to redeem a free trial offer.

To view the specific details of your membership plan, including price and end date of your free trial period’s Archive feature, click the "Your Account" link.  We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated, month or monthly refers to your billing cycle and not the term of your RightPlay membership agreement (See "Billing" below).

We reserve the right to terminate our provision of free trial memberships at any time and without notice.

Billing

By starting your paid RightPlay membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the RightPlay service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Additional charges may include premium feature purchases you make, or service level changes you request. As used in these Terms "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly period thereafter unless and until you cancel your membership. Click on the "Account" link to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month-to-month for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your membership plan, differing amounts due to your selection of additional features and changes in the amount of applicable sales tax, and you authorize us to charge your Payment Method for such varying amounts.  We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used membership periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time-to-time, but we will give you advance notice of these changes by email or upon your first login to the Service following the implementation of such changes. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Account" link, available at the top of the pages of the RightPlay website. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your RightPlay membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees, on a monthly basis, to your Payment Method. We will bill the monthly membership fee plus any applicable tax in monthly installments to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

Cancellation

RightPlay accounts (with the exception of Free Accounts) are provided on a monthly basis, payable in monthly installments.  Your RightPlay account automatically renews monthly.  You may cancel your RightPlay account at any time, and cancellation will be effective immediately. To cancel, click the word "Downgrade" under the "Free" plan on the "Account" page and follow the instructions for downgrading. 

We reserve the right to terminate your account for any or no reason, and may do so without notice to you.

You can cancel your account at any time using the tool in your member area or by contacting us. We can cancel or suspend your account, or otherwise refuse service to you, at any time for any reason (including repeat IP infringement). Following termination of your account for any reason, at our sole option, we and our licensees may continue (or stop) publicly displaying, distributing, or otherwise utilizing some or all of your content. 

Other Rules 

You may not share your account password with anyone else. You may not select an account name or user name that infringes third party rights or creates a false perception of your affiliation, and you may not give us false registration information. You shall comply with all laws and regulations applicable to your access and use of RightPlay and publication of your content. Except as authorized with our permission (email contact@RightPlay.com ), you may not use any automated means (such as a robot, spider, scraper or script) to access RightPlay or collect information from it. 

 

The Services are Available “AS-IS”

 

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, OVERTIME AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Overtime will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Overtime has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Overtime or through the Services, will create any warranty not expressly made herein.

 

Links

 

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Overtime of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OVERTIME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OVERTIME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Exclusions

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Waiver and Severability

 

The failure of Overtime to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

 

Controlling Law and Jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions of your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the Southern District of New York, New York and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.  You and Overtime expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.  Notwithstanding the foregoing, however, Overtime shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.

 

Other

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.

 

Entire Agreement

 

These Terms, are the entire and exclusive agreement between Overtime and you regarding the Services (excluding any services for which you have a separate agreement with Overtime that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Overtime and you regarding the Services.

 

We may revise these Terms from time-to-time, the most current version will always be available at http://www.RightPlay.com/tos.html If the revision, in our sole discretion, is material we will notify you via an e-mail to the e-mail address associated with your account, or by notification upon your first login to the Services following the revision. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

These Services are operated and provided by Overtime Media Inc., 110 E. 23rd Street, Floor 7, New York, NY 10010. If you have any questions about these Terms, please contact us at info@RightPlay.com  or by phone at 516-234-0412.

Effective: September 21st, 2009