Through your use of the MostPlays website, you signify your agreement to these terms, if you do not agree then please do not use the MostPlays website.
These Terms and Conditions apply to all users, including those that contribute content on the website. "Content" includes all software, scripts, text, files and any other materials that may be viewed on or through the MostPlays website.
Third party content that you may access through the website is not controlled via MostPlays and we assume no responsibility for it's content, privacy policies or practices. By using the service, you agree to relieve MostPlays from any liability from visiting such third-party websites.
3. MostPlays Accounts
In order to access some features within the website you must "sign in", using currently either a MostPlays, Facebook, Twitter or OpenId account. It is your responsibility to provide current and correct details upon registration. It is vitally important that you create a strong password and store this securely so that you are the only person with access to your account. You are solely responsible for all activity that occurs via your account. If you feel a breach of security may have occurred then you must contact MostPlays immediately to resolve the issue.
MostPlays will not be liable for your losses caused by unauthorized use of your account, however you may be held liable for the losses of MostPlays or others due to unauthorized use.
4. General Use of the Service – Permissions and Restrictions
You are granted to access the MostPlays service provided that you follow these Terms and Conditions.
You agree not to modify any parts of the service in any way.
You agree to only access MostPlays via the browser based website and embed able player.
You agree not to modify the MostPlays embeddable player code.
You agree not to distribute any part of the MostPlays service to any third party.
You agree not to automate any part of the MostPlays service.
You agree not to collect or harvest any data provided via MostPlays, such actions will violate your rights to use this website and you will be held fully liable.
Public search engines are granted permission to access the website to create publicly available searchable indexes of material provided via the MostPlays website, however MostPlays reserves the right to revoke such permissions generally or in specific cases.
MostPlays reserves the right to discontinue any part of the service at any time.
5. Your Use of Content
The content provided by MostPlays, including trademarks, logos and similar are owned or licensed to MostPlays and are subject to copyright and other intellectual property rights under law.
Content provided via MostPlays is provided AS IS, you have no right to download or reuse any such content in any manner without the prior written consent of MostPlays.
You agree not to modify, tamper or disable any services of MostPlays.
You understand and agree that when using MostPlays you may be exposed to a wide range of content provided by a large range of worldwide users, while MostPlays strives to filter and categorise content we cannot and do not take responsibility for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and agree that you may be exposed to content the inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MostPlays with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless MostPlays, its owners, partners, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to you use of the service.
6. Your Content and Conduct
As an account owner at MostPlays you may submit content to the service, this content includes flash games, shockwave games and comments. You understand that any content submitted is not guaranteed to be done so confidentially.
You are solely responsible for your own content and the consequences of submitting and publishing your content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to MostPlays all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the service pursuant to these Terms and Conditions.
For clarity, you retain all of your ownership rights in your content. However, by submitting content to MostPlays, you grant MostPlays a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the service and MostPlay's business, including without limitation for promoting and redistributing part or all of the service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the service a non-exclusive license to access your content through the service, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the service and under these Terms and Conditions. The above licenses granted by you in game content you submit to the service terminate within a commercially reasonable time after you remove or delete your videos from the service. You understand and agree, however, that MostPlays may retain, but not display, distribute, or perform, server copies of your games that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You agree that content you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MostPlays all of the license rights granted herein.
MostPlays does not endorse any content submitted to the service by any user, or any opinion, recommendation, or advice expressed therein, and MostPlays expressly disclaims any and all liability in connection with content. MostPlays does not permit copyright infringing activities and infringement of intellectual property rights on the service, and MostPlays will remove all content if properly notified that such content infringes on another's intellectual property rights. MostPlays reserves the right to remove content without prior notice.
7. MostPlays Account Termination Policy
MostPlays reserves the right to terminate any user account at any time if they are deemed in violation of any terms. MostPlays may at any time without prior notice remove any content or terminate users accounts if it's believed they are operating outside of MostPlays Terms and Conditions.
8. Digital Millennium Copyright Act
If you believe content on MostPlays infringes upon your copyrights then you may submit a notification (here) in accordance with the Digital Millennium Copyright Act ("DMCA").
If you believe your content has been removed and was not infringing or that you had prior authorization from the content owner then you may submit a counter-notice (here).
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOSTPLAYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MOSTPLAYS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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. MOSTPLAYS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOSTPLAYS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL MOSTPLAYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOSTPLAYS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The service is controlled and offered by MostPlays from its facilities in the United States of America. MostPlays makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MostPlays, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service.
12. Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the service is not intended for children under 13. If you are under 13 years of age, please do not use the service.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MostPlays without restriction.