TERMS AND CONDITIONS OF SERVICE
INTRODUCTION
Welcome to Party Play. Please review these "Terms and Conditions", as well as our Privacy Policy. Together they govern your relationship with Party Play.

Specifically, these terms constitute a legal contract (the "Agreement") between you and Party Play Limited Liability Company (Party Play, sociedad limitada), Spain, Canary Islands, Adeje ("Party Play", "we" or "us") that govern your (and anyone accessing your account) use of Party Play's websites (including partyplay.cc), playlist management applications (the "App") and services (with the Site and the App, the "Service").

By downloading, accessing, browsing or using any part of the Service, you are agreeing to the terms of this Agreement.

Please note that these terms also reference and include any additional terms conveyed directly to you via the Service, as you browse, access and use any element of it.
IMPORTANT LEGAL ITEMS
Disputes
We sincerely hope to resolve any issues that may arise directly with you, to your satisfaction.

However, should you feel a need to pursue a legal remedy against us relating to the Service, this Agreement (I) requires all matters to be settled by binding, individual arbitration or via small claims court (if applicable) and (II) includes a waiver of certain rights, including the ability to form class actions. Please see "DISPUTE RESOLUTION; ARBITRATION, NO CLASS ACTIONS" for more.
Updates
We may modify these terms and post a copy of the amended Agreement at partyplay.cc/terms. When possible, we will use reasonable efforts to notify you of any material changes to your rights via additional methods, such as via the App or email. You should check there periodically for changes. By accessing the Service after updates to the Agreement are posted, you agree to be bound by the updated terms.
Age Requirement
You must be at least 18 years old to enter into this Agreement on your own behalf and to register to use the Service. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must review and agree to these terms on your behalf. Children under the age of 13 may not register for this Service, and parents or legal guardians may not register on their behalf. By using the Service, you represent that you (I) have read, understood and agree to be bound by this Agreement and (II) are at least 18 years old entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur.
Your Privacy
By agreeing to these terms, you also agree to the terms of our Privacy Policy, relative to any data that we may collect, store and use via the Site and the Service. Please review it carefully.
Our Principles
We have built and operate our Service in accordance with certain core principles and we expect you to use and enjoy the Service in accordance with them. These include:

  • Respecting Copyright. We respect the intellectual property rights of the artists, publishers and other rights holders in any music, imagery or other content ("Content") that is made available through our Service. You may only access Content through the Service that you have legal access to and you may only use such Content in accordance with your legal rights to it.
  • Respecting Content Providers. Our Service may interact with other third party applications and services that, among other things, facilitate your access to Content ("Content Providers"), including but not limited to the Spotify and SoundCloud streaming music services. We respect the rules that they set relative to use of any Content licensed from them and you agree to do the same as part of your Service use.
  • Integrity; Transparency. You may not use the Service in any way that contradicts with these terms and conditions and you may not employ any tools for the purpose of masking any unauthorized usage from us.

THE SERVICE
Service Access and Registration
To access the Service, you must have a connected mobile (phone or tablet) device (each, a "Device") that can support our App. Use of the App, including any Shared Playlists will require Internet access and bandwidth. You are responsible for your own Internet access and any bandwidth, data or other charges you incur. We will try to message all of our current operating requirements on the Site and within the applicable "App Store" mobile application distribution platforms. Our App can currently be downloaded in both of the Google Play and Apple App Stores but we do not guarantee its continued availability in either App Store and/or its compatibility with any particular mobile device. To use the Service, you need to successfully download and open the App. There may also be settings requirements and permissions that are specific to your Device that you may need to adjust.

We may permit users to access some elements of the Service without registering but in order to fully use the Service, you will need to register with us, creating a user profile and providing certain information to us, currently including your email, a Service nickname, an avatar and password. We may also allow you to use one of your major social media accounts, such as Facebook or LinkedIn to complete your registration. In that case, you are agreeing to permit your social media service provider to share certain information with us, including your email, your date of birth and your gender categorization, to the extent that they have it. Last, we may upload photos from your social network for your Service user profile. Other Service users will be able to see your Service user profile in certain cases, such as if they access a Shared Playlist that you host or if you add Content to a Shares playlist. We may adjust the Service registration requirements and the rules relating to your Service user profile at any time, without notice. If you do not agree to any such changes, you should stop using the Service.

You agree that any information that you provide to us will be truthful, complete and that you will keep it up to date. You also agree not to use any vulgar, obscene or otherwise offensive language in any interaction that you have with us or any other Service user. Finally, you agree not to impersonate or represent any person or entity other than yourself. We may refuse Service access to anyone.
Account Security
You are responsible for maintaining the confidentiality of your Service password and account and all activities that occur in connection with these. You agree not to share your account with any party and to immediately notify us of any suspected unauthorized use of your account or any breach of your account's or the Service's security.
Personal Use
The Service is being offered and made available for your personal use only. You hereby agree only use the Service for your personal enjoyment and not to use the Service, or any Service functionality for any commercial purpose of any kind. For clarity, you may not distribute Content and and/or share any Shared Playlist (as defined below) for any commercial purpose.
Device Security
You are responsible for maintaining the security of your Device. You agree to immediately notify us of any suspected unauthorized use of the Service from your Device.
The Service Generally
Via the App, the Service lets you create, edit and access music Content playlists (each, a "Shared Playlist") on your Device that you may share and jointly manage with other Party Play users who are nearby. You may also access Shared Playlists from other Service users who are near you. In all cases, the App will only let you actually play music within a Shared Playlist if you have the rights to it (either on your own or through another user, see "Shared Content"). We may provide in-App opportunities for you to purchase or subscribe to services that will let you access music that you don't have the rights to play.
Shared Playlists
Creating and Naming. You may currently create one Shared Playlist at a time and you will be required to create a title for your Shared Playlist that other Service users will be able to see. You agree not to use vulgar, obscene, hateful, hurtful, racist or other offensive language in your Shared Playlist titles. Unless you include your name or a nickname or other identifier in your Shared Playlist title, other users may not know that it is yours. Please be careful, however, if you choose to include any personal information in the title of a Shared Playlist – you agree to accept any risk arising out of doing so.
Access. A Shared Playlist will only be accessible during the Service session (the "Session") of the Service user who initiated it (the "Host"). Users accessing Content will see the playlist titles, any related metadata and the Content Provider that it was sourced from, if relevant. Users accessing content will only be able to play the content if they have the rights to stream it on their Device (see "Content Sharing"). A Session will end when the Host either ends it within the App or when the Host shuts down their App. Once a Shared Playlist is created, both the Host and any Service user accessing it may add songs to it and any party adding songs may also delete the songs that they added. Once a Session is over, the Shared Playlist will be deleted and it can no longer be accessed from any Device.
Content Sharing. You may only include Content on a Shared Playlist (either as a Host or a shared user) that you have legal streaming rights to, on your Device, either because you own it or because you have such rights via Content Provider service that you use. The App will automatically review the rights that are assigned to any Content that you try to use. If you include Content on a Shared Playlist, then any Service users accessing it can actually listen to that Content (as streaming audio) during the Session if they also have access to that Content on their own Device (either directly or via a Content Provider). If you include Content on a Shared Playlist that another Service user does not have access to on his Device, then the other user will only be able to play it during a Session if you have unrestricted ownership to it on your Device (such as in an unrestricted MP3 format) (such Content - "Shared Content"). In that case, the Shared Content will only be accessible to the other users during the Session. When the Session ends, the other users will lose access to the Shared Content and it will be deleted from their Devices. The same rules will apply to your access to any Shared Content from other users. So, if you are listening to Shared Content from another Service user who created a Shared Playlist, you will lose access to that Shared Content when he/she terminates their Session.

If you try to share Content that is restricted (whether by DRM or via your Content Provider's rules), then the other users accessing your Shared Playlist will not be able to play it, though we may provide them with links to purchase or otherwise access it from a Content Provider.


The Content
The Service will only source and access Content that is already on your Device in a Service-compatible format (such as purchased MP3 files in your download library) or that you can legally access with your Device from a compatible Content Provider.
Content Providers
To access content from a Service-compatible Content Provider, you may be required to register with the applicable Service Provider and/or purchase Content from them or become a paying subscriber to their service. If you access Content via a Service Provider, your rights to that Content will be subject to the rights provided by the Service Provider. For example, if you only have streaming access to a song as part of a membership with a Service Provider, once your membership with that Service Provider ends, you will lose access to that song within the Service. In that case, we may prompt you to purchase that song, re-subscribe to a particular Service Provider and/or we may delete the song - but we will not permit your full playback of the song. We are not responsible for the performance of any Content Provider service and we do not guarantee that any Content Provider will continue to provide their service or that our Service will remain integrated with it.

We are currently compatible with the "Spotify" and SoundCloud online music services. We recommend that you register with them and subscribe to their premium service tiers, to maximize your enjoyment of our Service (see www.spotify.com and www.soundcloud.com).

For clarity, we are not affiliated with Spotify, SoundCloud or any other Content Provider and your relationship with any Content Provider is directly with them. However, you expressly agree that any Content Provider that we integrate with, including Spotify, is an intended third party beneficiary under this agreement. In plain English, this means that they can enforce any terms of this Agreement that are applicable to them directly against you.

Fees
The Service itself is generally offered to you without charge but we reserve the right to add charges and/or premium services and functionality at any time and your use or continuing use of the same, will indicate your agreement to be bound by any such premium terms (see also "Payment").
Additional Service Features and Offers
We may offer additional Service functionality, features and offers ("Additional Services") at any time. Additional Services may be offered on a free or for-charge basis and/or require additional registration or other actions by you. The terms of any Additional Services and the parameters of their use will be conveyed either via an update to these terms and/or within the Service and you may only utilize any such Additional Services in accordance with them.

Currently, we offer you the ability to purchase coins or credits that allow you to advance your Content within a Shared Playlist (so your song is moved higher in the que).

We also offer the ability for you to purchase Content and/or subscribe to Content Provider services to access Content. The terms of such purchases and subscription options will be messaged to you as you click through them and you may be directed directly to third party operated sites and platforms to complete such purchases and memberships. In such cases any purchase, subscription or other transaction that you enter with any such third party is directly between you and that party. You agree that we will not be responsible for such transactions, in any way.

Social Features
As part of or in addition to the Shared Playlist functionality, we may provide functionality or areas of our Service or Site that allow you to add reviews or commentary, share links to items we offer with related commentary, "like" or otherwise indicate your approval or feelings about other users' playlists and content or other items or otherwise interact with us and our products in an interactive fashion. In certain cases, some of this functionality may be offered via plug-ins, widgets, APIs or other functionality provided by or meant to interact with third party sites, such as Facebook, Instagram, Twitter...etc. In all cases, you agree to only provide comments or feedback that are offered within the spirit of our community, for the purpose of providing useful, non-commercial, good-natured feedback relative to the playlist, content, products you are commenting upon or sharing. We reserve the right, in our absolute discretion, to remove, review and/or deny any such posting or action that we believe to be mean spirited, commercial, automatically or fraudulently generated or otherwise in violation of the spirit of our Site and Service. You also agree that your commentary will (I) never include any items that are abusive, violate any party's intellectual property, personal or privacy rights, (II) be otherwise in conformance with any guidelines we provide to you, including the rules set forth below under "RESTRICTIONS" and (III) you grant us a continuing license to your commentary, as set forth below under "YOUR LICENSE TO US".
Service Communications
By creating a Service account, you consent to receive service-related communications (via email, text and/or in-App messaging functionality) from us. You understand and agree that the App may interact directly with your Device to deliver pop-up notifications and message alerts, subject to your control over your Devices' settings. We may also send you promotional communications via email. If we do, you may opt out of receiving promotional emails and you can also contact our customer care to adjust your messaging preferences.
Location and Other Information
When you register for and use the Service via a mobile phone, you agree that we may use your phone's GPS information (as it is continually updated) to supplement your User Profile with your current location data, so that we may enhance our provision of the Service, further analyze our Service use and provide geographically relevant services to you from time to time. You also understand and agree that the App automatically collects and provides to Party Play in an anonymous manner (without linking to you) the following information: your Device operating system, the version and the Application ID, Application usage statistics, as well as other technical information. Additional information about the data that we collect can be found in our Privacy Policy. Finally, if you add any Content to a Shared Playlist, you agree that for us to enable such Content to become Shared Content, we may create and share an anonymous token or similar ID.
Service Changes;Termination
We may change, adjust, add to or remove elements from the Service at any time. In all cases, your only recourse if you do not agree to any changes is to stop using the Service. We may also terminate our provision of the Service entirely, without any liability to you.
PAYMENT TERMS
We do not currently charge for basic access to the App or the Service. As previously stated, you are, however, responsible for any data, bandwidth, messaging or other fees charged by your mobile carrier or other Internet provider that may be incurred by your Service use. We will notify you within the Service if we change this and require payment for any Service functionality and your continued usage after any such notice would signify your agreement to such payment terms.

For all Additional Services and/or any limited promotional offers or services on a for-charge basis, we will convey the payment terms to you as part of your purchase or sign-up path. We may also update these terms and conditions. In all cases, if you register for any premium features or make any purchases, your action in doing so will indicate your consent to the payment terms conveyed to you at the time of sale.

By providing a credit card or other payment method that we accept, you authorize us (or our third party payment processor) to charge your payment method for the total amount of your order, including any taxes, shipping or other charges or credits (as part of any promotions) communicated to you on the purchase confirmation page.

We may also offer you the ability to purchase Additional Services through the App Stores; therefore, special terms and conditions, which are established by the agreements and regulations of such App Stores, shall be valid and implemented in respect of purchase of and payment for these services. You agree to read these terms and conditions in advance, before purchase of (payment for) any such Additional services. Party Play will not be responsible for any payment problems that you experience with an App Store.

OUR LICENSE TO YOU
You understand and agree that the exclusive right to the App and every other element of the Service itself belongs to Party Play.

The Application and the Service are licensed, not sold, to you on a non-transferable basis, solely in the territory of the United States of American and the European Union, for use only under the terms of this Agreement. This license granted to you is limited to a non-transferable license to download the App and to use the App and the Service, on a personal, non-commercial basis on any Device that you own or control, solely as described and permitted herein. This license is granted You may not rent, lease, lend, sell, redistribute or sublicense the App or any other element of the Service. You may not copy (except as expressly permitted by this), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any element of the Service or any, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach this restriction or any of the terms of this agreement, we may immediately terminate this license and you may be subject to prosecution and damages. If we terminate this license and/or this agreement, you agree to immediately cease to use the Application and the Service and to immediately remove the Application from the memory of your Device(s). The terms of the license will govern any upgrades provided by us that replace and/or supplement the original version of the App Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

RESTRICTIONS AND COMMITMENTS
Negating Device or Content Functionality
You agree not to use the App or any element of the Service to gain any unauthorized access to the file system or functionality of a Device, access to which is restricted by mobile device manufacturers or developers of the relevant operating systems, nor will you engage in any unauthorized removal of the limitations of the manufacturer of a mobile device, operating system developer and/or operator (including operations, also known as Rooting and Jailbreak. You additionally agree not to use the App or any element of the Service to "work around", remove, tamper with or otherwise impact the functionality of any DRM or other protective software or functionality that is provided with, part of or embedded in any Content, whether by a Content Provider or otherwise. You acknowledge and agree that you will be solely responsible to any third parties, whether it is a Device manufacturer, a Content rights holder, a Content Provider or otherwise for any violation of the foregoing and Party Play will have no liability to you or any party for the same (you will also indemnify Party Play for any such violation, see "Indemnification").
Additional Prohibited Uses and Behavior
You understand and hereby acknowledge and agree that you may not and warrant that you will not:
  • use the Service or conduct yourself with any Service user, with Party Play or with any Content Provider or any of their employees or contractors, in any way that (I) violates the terms of this Agreement, any law and/or our stated principles, (II) is purposefully or otherwise abusive to any third party or (III) for any purpose other than its intended use;
  • modify, decompile, disassemble, decrypt or perform any other actions with the compiled code of the Application and Service, aiming to obtain information, regarding algorithms, implemented in the Application and Service, create derivative works, using the Application or any other element of the Service as well as exercise (authorize to) otherwise use of the Application or any other element of the Service;
  • impersonate any person or entity or access the accounts of other Service users;
  • reproduce and distribute the Application for commercial purposes (including for a fee), including compilations of software products;
  • modify the Application name, modify and/or remove copyright notice or other indication of Party Play;
  • intentionally interfere with or damage operation of the App, Site and/or any other element of the Service;
  • remove or interfere with any digital rights management ("DRM") or other software or functionality that protects any Content and/or that is provided or enabled by any Content Provider;
  • utilize the App or any element of the Service to:
- distribute any Content illegally or otherwise in violation of any person's copyright, intellectual property, privacy or other rights;
- post any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
- solicit, collect or store (or attempt to) personal information or data about other Service users, or disclose another user's personal information or data to any third party.

  • burglarize (or attempt to) and/or intercept any of the data, coming in and out of the Application and the server component of the Application;
  • expressly relative to Spotify, SoundCloud or any other Content Provider:
- modify or create derivative works based on any aspect or all of the Spotify or SoundCloud services, applications or platforms or that of any other Content Provider,
- alter, or otherwise edit, Content obtained from Spotify, SoundCloud or any other Service Provider and/or use the Service to attempt to utilize Content in a manner that conflicts with any user terms or other rules of use provided by any Content Provider in relation to their Content; or
- decompile, reverse-engineer, disassemble, or otherwise reduce any aspect or all of the Spotify or SoundCloud services, application or platform or that of any other Content Provider, or any Content obtained from Spotify, SoundCloud or any other Content Provider to source code or other human-perceivable form.

Your Commitments
You agree that in connection with your use of the Service and any Content accessed through it you will:
  • treat other Service users, Party Play, any integrated Content Provider service and their partners and contractors respectfully and properly;
  • act in accordance with all applicable laws, rules and regulations;
  • only use the Service in accordance with these terms and our stated principles;
CONTENT RIGHTS
All sound recordings, musical works and compositions, artist images, lyrics, related metadata and any other materials constituting Content that is accessible via the Service are the intellectual property of their respective owners and are protected by law. To the extent that you own any unrestricted Content (not subject to DRM or other license restrictions) and you are legally permitted, you hereby agree that we may access such Content as part of our provision of the Service and make it available as Shared Content, solely as described herein. Your access to Content that you receive via Content Providers is also be governed by the terms of your agreements with any applicable Content Providers. You hereby commit, represent and warrant to use that you will only use the Service and the App to access Content that you are legally entitled to use in the manner that you use and your use will not violate this agreement, applicable law or intellectual property rights (including, without limitation, copyright), publicity, personality or other rights of the third parties. You further acknowledge and agree that you are solely responsible for your use of any Content, including with respect to any applicable copyright law and protection to which it may be entitled, whether via the Service or otherwise.

INDEMNIFICATION
If anyone brings a claim against us related to your actions (which includes any action, content or information occurring from your account) on or in connection with (I) the Service that in any way violate any of these terms, (II) any User Materials, and/or (III) that involve your use of any Content in violation of your rights to such Content, you hereby agree to indemnify and hold us (including our affiliates and any of our and their investors, officers, directors and employees) harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Your indemnity specifically includes but is not limited to any damages or claims that may arise out of your including your full name or other personal or other information as part of any Shared Playlist title or otherwise, via any public area of the Service.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals about our Service or otherwise, including any that may be included as part of comments or other public areas of the Service ("Feedback"), you agree that (I) your Feedback does not contain the confidential or proprietary information of third parties, (II) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (III) we may have something similar to the Feedback already under consideration or in development, and (IV) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
THIRD PARTY MATERIALS AND SITE LINKS
You understand that within the Service you may encounter content uploaded by our Tastemakers or by other users in any commentary or similar social areas that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Party Play shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

We may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By accessing or using the Service, you acknowledge and agree that Party Play is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Third Party Materials and links to other web sites are provided solely as a convenience to you. If you click through any links or use widgets that lead you to third party sites or applications, you understand and agree that (I) Party Play does not endorse such sites and apps and is not responsible for their content, and (II) such sites and apps will be governed by their own terms and conditions and privacy practices, which you should review.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO OUR DOWNLOADING AND USE OF THE APP ON ORU DEVICE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICE AND ANY PRODUCTS PROVIDED THEREONARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PARTY PLAY HEREBY DISCLAIMS ANY WARRANTIES AND CONDITIONS WITH RESPECT TO THE FOREGOING, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ILLEGAL ACTIONS OF ANY PARTY THAT FALSELY POSES AS PARTY PLAY, INCLUDING BUT NOT LIMITED TO ANY SUCH PARTY'S COLLECTION OF DATA FROM YOU. YOU AGREE TO NOTIFY US IMMEDIATELY IF YOU SUSPECT THAT ANY PARTY IS ATTEMPTING TO DO SO.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PARTY PLAY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING ANY CONTENT, ANY PRODUCTS OR SERVICES OFFERED THEREON, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PARTY PLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PEMITTED BY LAW, IN NO EVENT SHALL PARTY PLAY'S (INCLUDING ITS AFFILIATES AND THEIR OFFICERS, EMPLOYEES, DIRECTORS AND INVESTORS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED AN AMOUNT THAT IS EQUAL TO THE GREATER OF (I) THE AMOUNT YOU PAID TO PARTY PLAY (IF APPLICALBE) FOR ANY ADDITIONAL SERVICES OR OTHERWISE AS PART OF THE SERVICE OR (II) $10.00.

THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE PARTY PLAY'S (INCLUDING ITS AFFILIATES AND THEIR INVESTORS, OFFICERS, DIRECTORS AND EMPLOYEES) SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

NO PERSON ACTING ON PARTY PLAY 'S BEHALF HAS ANY AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY, "INDUCEMENT") NOT EXPRESSED HEREIN. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU REPRESENT THAT YOU ARE NOT RELYING ON ANY INDUCEMENT THAT IS NOT EXPRESSED IN THIS AGREEMENT.

MISCELLANEOUS
Notices from Us
You agree that any notices, agreements or disclosures that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Rules For, Contests, Sweepstakes and other Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions made available through the Service or on the Site may be governed by specific rules that are separate from and in addition to this Agreement. By participating in any such sweepstakes, contest, raffle, survey, game, or similar promotion, you will become subject to those rules, which may vary from this Agreement set forth herein, and which are incorporated into this Agreement. We urge you to read the applicable rules, which may be linked from the particular activity, and to review our Privacy Policy.
Trademarks
"Party Play" the Party Play logo and any other Party Play service names, logos or slogans that may appear on the Service and Site are trademarks of Party Play and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing "Party Play" or any other name, trademark or product or service name of Party Play without our prior written permission. In addition, the look and feel of the App and Service, constitute the service mark, trademark or trade dress of Party Play and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other trademarks, registered trademarks, product names and company names or logos mentioned, here, on the App or Service, including Spotify, SoundCloud and those of any other Content Providers are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
    Copyright Policy
    We respect the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below: (a) A physical signature of the person authorized to act on behalf of the owner of the copyright; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Services; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Copyright Agent: General Counsel, Party Play, Calle Hermanos Franciscanos de la Cruz Blanca, Nº3 Oficina Nº4. CP 38369 Las Chafiras, San Miguel de Abona (Santa Cruz de Tenerife), Spain. E-mail: copyright@partyplay.cc, subject line "DMCA TAKEDOWN NOTICE."
    Waiver of Subrogation
    You waive any rights your insurance company may have to be reimbursed by Party Play or its representatives for money paid to you or on your behalf.
    Enforceability
    If any provision of the terms of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
    Subcontracting
    Party Play may, in its sole discretion, subcontract for the provision of services under this Agreement and/or with regard to the development, maintenance and operation of the Service or any components thereof. You acknowledge and agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Party Play to provide any service set forth herein to you, and bind you to such subcontractor(s) with the same force and effect as they bind you to Party Play.
    DISPUTE RESOLUTION; ARBITRATION; NO CLASS ACTIONS
    You and Party Play agree that any dispute, claim or controversy arising out of or relating in any way to the Service and these Terms and Conditions of Use will be determined by binding arbitration or in small claims court, at your choosing. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Party Play are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your use of or membership to the Service.

    To seek arbitration or to file a small claim court action against Party Play, you must first send to Party Play, by certified mail, a written notice of your claim, including a description of the basis for the claim and the relief being sought, to: General Counsel, Party Play, Calle Hermanos Franciscanos de la Cruz Blanca, Nº3 Oficina Nº4. CP 38369 Las Chafiras, San Miguel de Abona (Santa Cruz de Tenerife), Spain. If we initiate arbitration, we will send a similar written notice to the email address used for your membership account. Following either party's receipt of such a written notice, the parties agree to first use reasonable efforts to reach an amicable resolution to the claim. However, if the parties cannot reach an agreement to resolve the claim within 30 days after the notice is received, you or Party Play may commence an arbitration proceeding or file a claim in small claims court.

    The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. You can also write to Party Play (including by submitting a request with your written notice for the dispute) and we will provide them to you. The arbitrator will be bound by the terms of this Agreement. All issues will be for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless the parties agree otherwise, any arbitration hearings will take place within 100 miles of your residence.

    YOU AND PARTY PLAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

    YOU AND PARTY PLAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE APPLICABLE STATUTE OF LIMITATIONS PERIOD. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

    Governing Law
    The laws of the State of New York, excluding its conflicts of law rules, govern this Agreement and your use of the Service. All claims arising out of or relating to the terms of this Agreement or the Service, to the extent not arbitrated or resolved in small claims court as required herein, will be litigated exclusively in the federal or state courts of New York, New York County, and you and we consent to personal jurisdiction in those courts. Notwithstanding the foregoing, solely for residents of the European Union, If the User has the citizenship of any country of the European Union, the laws of Spain would apply instead of California and any action in such cases will be litigated exclusively in the courts of Spain, in the place of Party Play's registration.
    Invalidity of any Terms
    If any part of this Agreement is recognized by a court of competent jurisdiction or other competent authority or arbitrator to be invalid, unlawful or not enforceable, such part shall be severed from the remaining terms of the Agreement, which shall remain valid and enforceable to the maximum extent, permitted by law.
    Assignment
    You may not assign this Agreement without our express written consent. We may assign this Agreement at our discretion and this Agreement will remain in full force following such assignment.
    Termination
    We may terminate this Agreement, in whole or in part, at any time, including by limiting and/or refusing to provide any Services or parts thereof. We will reasonably try to provide notice of any such termination upon the Site, via the Service or otherwise to you. We may terminate your access to any or all of the Service without prior notice, including by blocking your access to the Service on any Device if we believe that you have breached any term of this Agreement. The foregoing will not limit our ability to seek any other damages from you or any other legal remedy that is available to us.
    Support
    For specific Service support issues, you may contact us at support@partyplay.cc. We do not guarantee that we will respond to any emails in a way that satisfies you or at all.
    PRIVACY POLICY
    Last updated: March 2017

    The Party Play application (the "Application") and service (the "Service") are owned and operated by by Party Play Limited Liability Company (Party Play, sociedad limitada), Spain, Canary Islands, Adeje ("Party Play", "we" or "us") This document (the "Privacy Policy") describes how we collect, store, use and distribute information through the Service, as well as via our website located at www.partyplay.cc (the "Site").

    We are dedicated to treating your personal information with care and respect.

    Your use of the Service confirms your agreement the terms of this Privacy Policy. Your use of the Service is also governed by our user Terms and Conditions of Service which you should read carefully and which this Privacy Policy interoperates with. You may access the Terms and Conditions of Service here: www.partyplay.cc/terms.

    This Privacy Policy describes how and which kind of data we collect about users, how we store such data and how we may use it in the future.

    The text of this Privacy Policy is posted and is always available on the Site and/or within the Service, as well as in pages linking to the Service from the applicable app store where the Application may be accessed.

    When downloading and installing the Application, registering, obtaining access and during any other usage of the Service, you fully accept the terms of this Privacy Policy and explicitly and voluntarily agree to the processing of your data in the manner and for the purposes, described in this Privacy Policy. If you disagree with this Privacy Policy, please do not download the Party Play Application or in any other way use the Application.

    This Privacy Policy is not a part/supplement/appendix to the policies of any App Store, which services you may use, downloading the Application. Be sure to check out all the applicable end user terms governing any App Store that you use.

    We reserve the right to amend this Privacy Policy from time to time without prior written notice by posting a new version of this document within Service, including at www.partyplay.cc/privacy. If we do, the new terms will take effect at the posted effective date. If we believe that any updates reflect material changes to your rights, we will use reasonable efforts to provide more advance and/or additional (via other channels practically available to us, if any) notice to you of any changes. You should review this policy often, to make sure you have not missed any updates. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use the Service following the posting of any changes to this Privacy Policy will signify your acceptance of any changes.

    If you are not familiar with any technical terms that we may use in this Policy (for example, "IP address"), you may be able to utilize public resources, such as the Internet but you may also contact us with any questions.

    This policy is primarily concerned with Personal Information. Personal Information is information that can be used to identify or locate a particular person or entity. This includes, but is not limited to: name, address, telephone number, email, date of birth and, if applicable, billing information. Non-Personal Information cannot, by itself, be used to identify a particular person or entity and includes any aggregate information and/or usage information relating to the Service or Site that we have gathered, as long as Personal Information has been removed from it. This policy does not restrict our use of Non-Personal Information and you agree that we may use or transfer any Non-Personal Information that we collect from you or based on your usage, at our discretion. However, if we combine your Non-Personal Information with Personal Information that we collect about you, we will treat the combined information as your Personal Information.
    1. Use of Information
    Party Play collects and processes your personal data in order to:
    • provide and operate the Application and the Service;
    • manage your Apple ID, Android or other user accounts;
    • implement bug fixes and other modifications and improvements;
    • make the operation of the Application and the Service more convenient, fast and secure for you;
    • facilitate interaction with other Service users;
    • facilitate interaction with any music services that we are integrated with, that you may use;
    • sending Service-related notifications and messages to you;
    • sending other messages to you, if applicable;
    • receiving, processing and verification of the payments;
    • updating on the current status of the Application, future events, developments, related to security and protection of your Mobile Account, events, related to the Application, its updates and other similar events (for example, information on launching of the new features of the Application), as well as the events, related to the other services of Party Play;
    • for user support;
    • for our own internal analytics and general business purposes.
    We may also collect additional information to facilitate specific functionality, such as integration with third party services, commerce functionality, quizzes, survey, contests and feedback. As detailed here, some of your data may also be shared with and processed by third party partners of ours, to help facilitate any of the foregoing.
    2. Information You Provide to Us
    • Registration. At Service registration, you will need to register with us, creating a user profile and providing certain information to us, currently including your email, a Service nickname, an avatar and a password. We may also allow you to use one of your major social media accounts, such as Facebook to complete your registration. In that case, you are agreeing to permit your social media service provider to share certain information with us, including your email, your date of birth and your gender categorization, to the extent that they have it. Last, we may upload photos from your social network for your Service user profile.
    • Commerce. If we offer purchase functionality, we may request that you provide additional billing-related information ("Billing Information"). We may also provide purchase links directly to properties that are operated by third parties to process and facilitate payments, in which case, your Billing Information will be processed by such third parties in accordance with their own privacy policies. Currently, we offer you the ability to purchase coins or credits that allow you to advance your music content within a Service shared playlist but such purchases are facilitated via Apple or Android stores and will be governed by their terms and conditions and privacy policies, not ours. In addition, we currently offer links to third party music services, such as Spotify, for to subscribe to or purchase music content from. Again, such music purchases or subscriptions will be governed by the applicable service provider's terms and conditions and privacy policies, not ours.
    • Other. From time to time, we may offer quizzes, surveys and contests. We may also provide functionality within the Service for you to provide feedback to us, to converse with other users and/or otherwise to post content or provide information to us.

    3. Information We Collect From You
    We collect or will try to collect information from you, as follows:
    • when you access the Application, we will access your Apple ID User Account or Android ID;
    • the number of your mobile phone and data on mobile networks;
    • when you access the Service through a social media account ID, or if you invite other users to download the Application, we will receive certain information from the applicable social network, such as your log-in ID for that site, your email, your date of birth and your gender categorization (if they possess it);
    • when you participate in the testing of new versions of the Service and/or Application updates (if applicable) we may request additional feedback and/or we may collect additional data that is specific to such usage;
    • when you participate in in-game events, competitions and similar activities, including marketing and promotions, you may be required to provide additional information for such activities;
    • if you provide feedback to us, email, send letters to or otherwise contact us, we will receive any content that you provide to us and associate it with your account;
    • your use of additional, special services within the Service, including services for social interaction between users may be conditioned upon your provision of additional information to us and/or publicly;
    • at the request of authorized governing bodies (in particular, public bodies, responsible for information security, as well as inter-state bodies), we may be required to collect more information from you, as stipulated by the applicable law;
    • in cases of payment or account fraud and/or to help resolve any issues with your account or general Service experience, we may need to collect additional information from you.

    4. Information We Automatically Collect
    As you use our Service or Site (or access service or marketing emails or other messages we send to you) we may use technologies that automatically collect information about your usage, including but not limited to: data about your mobile device (such as your device-type, software and language preference) or desktop interface and IP address, your channel viewing information and interests, and your movement through our properties and on to external links, as well as your location. Collectively, this information is referred to as "Analytics Information." We may create a unique device or user ID for you so we can recognize you. Some tools that we may use to collect Analytics Information include:
    • Cookies. Cookies are small pieces of data that are stored on your computer or mobile device.
    • Tags/Pixels/Beacons. These terms are generally used to describe small blocks of code on webpages that do things like allow another server to measure viewing of a webpage.
    • Location: We can normally automatically detect your location data via your phone. However, your operating system may require you to grant us permission to access your GPS. If you do not permit this access, you may not be able to use the Service.
    • Other. We may use technology available on your device, technology similar to cookies and pixels and technology that is later developed, all for similar purposes.



    5. Information We May Automatically Collect via Third Parties
    We sometimes use third party services to help us track activity and user flows within our properties, using similar tools to the ones we described (see Information We Automatically Collect). Such tracking would track an individual user's movements but the data would not be tracked in a personally identifiable way and would be treated as Analytics Information (below). We may work with advertisers and others whose products and/or services are promoted on our properties that may also use similar technologies. In those cases, we advise you to check their privacy policies. To learn more about behavioral advertising or to opt-out of some types of behavioral advertising for participating ad networks, you can visit the Network Advertising Initiative (http://www.networkadvertising.org/choices/) or the Digital Advertising Alliance (http://www.aboutads.info/choices/).
    6. Information We Receive From Third Parties
    There are instances where we may receive information from third parties.
    As highlighted earlier, if you register via Facebook or another social network or other future promotional partner, we will receive registration information from them. You may click through certain links or promotions via the Service or Site that will enable you to purchase products or use services provided by promotional partners or other sites or commerce providers. Some of those entities may share with us certain information that you provide to them. You agree to allow us to receive and use any information that you may provide to such entities, under the same terms as if you provided it to us directly. We may purchase or otherwise receive data from third parties and add it to our existing user database. Party Play is not responsible and assumes no liability if another site or commerce provider uses any information about you in violation of its own privacy policy, or applicable law.

    7. Non-personal Data
    As stated, we reserve the right to collect and utilize any of your non-personally identifiable data, at our discretion. We collect certain non-personally identifiable data in order to provide quality services, including the following:
    • your unique ID (it is created in the system of Party Play, you may or may not see it);
    • your Apple ID account or analogy on Android;
    • your IP address;
    • your language and country of residence;
    • the version of the operating system on your mobile device;
    • the name of the country, from which you are accessing the Application;
    • statistical data, that can be obtained, based on your use of the Application. For example, your gaming achievements, when using Application functionality;
    • Your messages in a chat of the Application (if such functionality is provided);
    • the data, provided by you as a part of supporting of the Application by Party Play.



    8. The Use, Dissemination and Transfer of Your Data
    Party Play is entitled to collect, record, organize, store, modify, combine, group and depersonalize, delete, edit, and share your data with other information (including other data, collected by Party Play, as described in this Privacy Policy) for supporting, management and development of the Application and Service. Also, Party Play may combine data, received from the App Stores, which services you may use, downloading the Application.

    Party Play is entitled to, where it is necessary for the purposes of ensuring the functioning of the Application and Service, to transfer your data to its partners (in particular, the developers of mobile applications).

    Party Play will not sell your personal data to such third parties.

    You hereby signify your consent, that your data may be transferred to the third parties in the following cases:
    • when this is necessary in order to comply with the law, for example, in investigation of the cases of fraud in payments and any other illegal activity;
    • when there is reasonable suspicion of a potential or existing violation of the rights of Party Play, its affiliates, or other users, in order to protect the rights of the injured party;
    • in cases of violation of intellectual property rights (including copyright), including but not limited relative to the rights of any copyright holder in any content that is accessed via the Service and/or the rights of any third party music service that you or another user may use to access content via the Service.
    9. Data Storage
    The data retention period is the period, during which you use the Application and Service in accordance with its functionality, unless otherwise provided for by applicable law (for example, for accounting purposes or compliance with tax law).
    10. Other Obligations of the Parties
    You are responsible for the completeness and correctness of provided data. In case of inconsistency and/or discrepancy in the data, provided by you, they need to be changed, including recourse to experts of Party Play, as it is indicated in Section 6 of this Policy.

    Party Play reserves the right to delete and/or modify your data, store the data that is necessary for the purposes of complying with applicable laws, safety and efficiency of the Application.

    In case of your request to Party Play, Party Play is entitled to request additional data, required for consideration of the relevant request. If you fail to provide such data, the request may not be considered.

    Providing by you a part of the data in the registration process does not relieve you of the need to provide the confirmation of the validity of the remainder of the data in the future (including direct request of Party Play).
    11. Your California Privacy Rights
    If you are a California resident and you decide that you do not want us to share your personal information with third party companies for their marketing and promotional purposes, please send an email to privacy@partyplay.cc. In this e-mail, state that you do not want Party Play to share your personal information with third parties for their marketing purposes. Your request will be processed within thirty (30) days of the date of which we receive it.
    12. No Access to Children Under 13
    If you are under the age of 13 you may not use our apps or websites in any way. We don't knowingly collect data from anyone under the age of 13 and we do not direct any of our products or services at this age group. If we become aware that we have inadvertently captured any personal data about a person who is under 13 years of age, then we will take the appropriate steps to shut down the account of that person.
    13. Contact Us
    If you have any questions about this Policy or the processing and use of your data in connection with your use of the Application, you may contact us by e-mail: privacy@partyplay.cc. Your request is to include your name and other information, necessary for a full and complete review of your request.