TERMS & CONDITIONS
Site access is subject to Terms and Conditions, as listed below. The individual accessing the site (“visitor”) is in agreement with these Terms and Conditions, and this is true regardless of whether you have read them in their entirety. This Site, provided to you by Digital Spread LLC, located at 1013 Centre Road, Suite 403-A, Wilmington, DE, 19805, USA, is at liberty to modify Terms and Conditions at any time. These changes to the Terms and Conditions will be posted to the site and immediately become effective. A return visit to the Site after the changes have been posted indicates the visitor's agreement to the new Terms and Conditions.
PRICE AND AVAILABILITY
This Site offers products and services that are subject to availability. Purchase of products is subject to change by Digital Spread LLC, without forewarning and at the sole discernment of that corporation. Products that are discussed in these Terms and Conditions are not necessarily available on the site for purchase at any given time. Prices for products and services are also subject to change at the discernment of the corporation and without forewarning to Site Visitors. Digital Spread LLC also reserves all rights to change monthly fees, either by increasing or decreasing, as necessary without forewarning or notice. This will be done for the purpose of promoting the Site.
RELIANCE ON INFORMATION
The affiliated Site may include errors. Errors, whether typographical or otherwise, that are discovered can be changed by Digital Spread LLC without forewarning to Site Visitors. This decision is made at the sole discernment of the corporation.
CHANGES TO THE SITE
If it becomes necessary to make changes to the names, software, text, information, trademarks, logos, pictures, services or products on this Site, that may be done at any time.
CHANGES TO TERMS AND CONDITIONS
The practices of Digital Spread LLC when it comes to personal information on this Site are solely directed by the privacy statement of Digital Spread LLC. Site Visitors should review this policy and understand that it is not the intention of the Digital Spread LLC to obtain the information of individuals under the age of 13.
It is possible that this Site will showcase links to or reference a third party Site. Links provided on this Site are solely for the Site visitor's convenience. These links included in or linked from or to this Site are not intended to be taken as endorsement for any information, product or service provided by a third party. The information, opinions, products, services or any recommendation made by a third party Site are those of the third party Site only and have no direct affiliation with Digital Spread LLC. Site Visitors who choose to use third party Sites are then subject to the Terms and Conditions of those third party Sites.
Site Visitors who provide information for the purpose of registration or transactions with Digital Spread LLC are in agreement that all information will be accurate, true and current information. Visitors are also in agreement to regularly update information that has changed in order to keep it true, current and accurate. Failure to comply with these expectations can result in suspension or termination of your account by Digital Spread LLC, if the corporation has valid indications that the information is not true, accurate or current or if the information is not complete.
Visitors of this Site are in agreement that they will not a) share, post or email unsolicited mass email, including but not limited to promotional materials, unauthorized advertising or chain letters; b) fail to include information such as headers, return addresses or internet protocol addresses so that recipients are misled on the origin of the included content; c) purport to be affiliated with any person or entity without just cause so that they can be construed as representing that individual without permission; d) become involved in any activities designed to misrepresent the identity or contact information of the individual or to outright withhold said information; e) threaten or harass others via sent information; f) abuse the interactive features or functions of the Site by excessively posting responses or g) employ the process of flooding on the Site, which is the repetitive and excessive sending of email to the same email address.
Site Visitors are advised they are not to be involved in any of the following activities to the extent that those activities interfere with the intended purpose of this site or its smooth operation, or the network or systems of the Digital Spread LLC; a) the transmission or dissemination of a virus, worm or other disruptive and harmful file, program or code; b) the use of bots for the purpose of Internet Relay Chat (IRC) in such a way that uses resources above and beyond the average usage amount, i.e. running 24 hours per day; c) interfere with the opportunity for other Site Visitors to utilize the IRC feature; d) interfere with the opportunity for other Visitors to utilize the Site for real time exchanges; e) negatively impact the servers or networks utilized by and affiliated with the Site or service, f) access the accounts created by other Visitors without express permission from those Visitors; g) interfere with the security measures of the Site or bypass said security measures, including the passwords created and utilized by other Site Visitors; and h) any processes that would flood the Site with useless traffic, including denial of service attacks or network access impairment.
UNSOLICITED SUBMISSION POLICY
Digital Spread LLC does not accept “Submissions”; defined as suggestions for creative elements, marketing, advertising, prototypes, games, lyrics or jingles without solicitation. Visitors who send these submissions should recognize that a) the submission was not solicited; b) the Digital Spread LLC is not responsible for the use or return of the visitor's submission; c) there is no establishment of a relationship; d) Visitors will not be entitled to compensation for any unsolicited submission; e) the submission being received by the Site does not in any way mean rights will be waived or intellectual property rights will be retained by the visitor; and f) all materials submitted to the Site will be considered to be submitted under these rules and conditions.
MANAGING YOUR PASSWORD AND YOUR ACCOUNT
Visitors are responsible for their own password, keeping the password confidential and Visitors should know that no employees at Digital Spread LLC are given authorization to provide lost passwords to Visitors. For Visitors who have forgotten their passwords, a link is provided at the top of the screen for the purpose of assistance. Visitors are reminded they are also the only ones responsible for those with access to their computer and therefore the potential for another visitor to access the Site via their account. Visitors are consequently responsible for all activity completed via their account, even if another individual accesses your computer and completes inappropriate actions.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Visitors who believe work has been copied in such a manner that copyright infringement has occurred should provide the following written information to the copyright agent for Digital Spread LLC:
- the electronic or physical signature of the individual who is authorized to initiate action for the owner of the copyright interest;
- a detailed description of the copyrighted work that is involved in the alleged copyright infringement;
- description of the material located on the Site that is infringing on the copyright;
- visitor's address, telephone number and email address;
- a statement from the individual that the disputed use has not been completed under the authorization of the copyright owner, law or the agent for the copyright owner (done in good faith);
- statement from individual (can be punished via perjury charges if false) that information provided is accurate and there is a personal connection to the copyright owner and authorization to be acting on his/her behalf.
Visitors should specifically note that this procedure is only for the notification that copyright infringement has occurred.
In order to reach for the copyright administrator for Digital Spread LLC, the following should be used:Copyright Administrator
Email address: info@Hylaplay.com
This Site displays and contains materials including, but not limited to, text, Site software, design, informational text, editorial material, photographs and illustrations, audio and video clips, games and short features. Also, names, logos, trademarks and graphic materials are displayed on this Site. All of the above mentioned materials are the property of Digital Spread LLC, and licensors. They are protected via copyright, trademark and laws regarding intellectual property. Therefore, all rights are reserved. Digital Spread LLC name, design and related marks are trademarked materials that belong solely to Digital Spread LLC 2009.
Digital Spread LLC grants the Site Visitors a personal and non-exclusive license, which is non-transferable, for the purpose of material display and use only for noncommercial and personal use only. Visitors are reminded to maintain all copyright and other notices contained with such materials. Visitors hereby agree not to reproduce, modify, create derogatory works toward others from, distribute, perform or disseminate, circulate or broadcast copyrighted materials to third parties without express prior written consent from Digital Spread LLC. Visitors will also not disassemble, decompile, reverse engineer said materials in any circumstance. Visitors who defy this section of the Terms and Conditions will have rights to use this Site terminated immediately.
DISCLAIMER OF WARRANTIES
The Site, contents, software and products and services that are offered via the Site are provided to Site Visitors on an “as is” basis. This means they are also provided only “as available”, and Digital Spread LLC offers no warranties or representations with respect to the Site, its contents or services and software products. The corporation also now disclaims all warranties and representations, without any limits based on merchantability, fitness for particular purpose or non-infringement of all third party rights. Also, uninterrupted service, accuracy, reliability, security and currency, as well as completion regarding or relating to this Site, content and links, software, tips, products, services and tools that are available through this site. Digital Spread LLC does not promise or guarantee that any information that is available via this Site is complete, current or accurate. Information regarding prices and availability can be changed at any time, without forewarning for Site Visitors.
LIMITATION OF LIABILITY
THE AFFILIATES, FRANCHISES, RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES OF Digital Spread LLC, AS WELL AS Digital Spread LLC ITSELF WILL IN NO WAY BE HELD RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, AGGRAVATED OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND RELATED TO CONNECTION WITH THIS SITE. THIS INCLUDES LOSS OF DATA, PROFIT OR INCOME, AS WELL AS LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS. MATERIALS, SOFTWARE, TOOLS, TIPS, INFORMATION, RECOMMENDATIONS AND QUALIFICATIONS DISPLAYED ON THIS Site AND SERVICES OFFERED ARE ALL EXEMPT FROM LIABILITY AS WELL. LIKEWISE, THE EXCLUSION OF LIABILITY WILL BE APPLIED TO THE FURTHEST EXTENT OF CURRENT APPLICABLE LAWS. VISITORS WHO LOSE ACCESS TO THE SITE WILL STILL SEE THIS PROVISION APPLICABLE AND ACKNOWLEDGE THEIR FULL ONUS FOR DAMAGE RESULTING FROM THE USE OF THIS SITE.
Visitors agree to hold harmless Digital Spread LLC and affiliates, as well as respective staff and personnel against any claim, expense or liability, including legal fees, costs arising from or related to breaches of the Terms and Conditions listed herein and use of the Site, including placement of information or transmission of material by the visitor. This provision applies even after Visitors have lost rights to use the Site.
Claims, disputes and controversies, whether in contract or tort, pre-existing, present or future and pursuant to all statutes and regulations, that result from or relate to a) the Site; b) the Terms and Conditions of Use; c) advertisement or promotions related to the Terms and Conditions; d) transactions completed via the Site; e) relationships resulting from Terms and Conditions of Use (even those involving third parties who are not held responsible to these Terms and Conditions) will be find resolution via binding arbitration, completed under the Federal Arbitration Act and administered by the American Arbitration Association via the association's resolution rules for consumer-related disputes OR by other mutually agreed-upon procedures. Visitors agree that rights to participate in class action suits or class-wide arbitration against Digital Spread LLC are waived upon the completion of this type of arbitration, which is personal and provides an exclusive method for resolving disputes. This provision remains relevant even after a visitor has rights to use the Site terminated.
Digital Spread LLC may, at any time and with only its sole discernment, terminate a visitor's right to use this Site.
The package plans provided by Digital Spread LLC are all created to permit members of the Site to access free games in the Site library by paying a fee, set up to be paid regularly within a certain time frame. Visitors then have unlimited access to the free games library.
Access to Visitor's Digital Spread LLC online account
Consent to Electronic Communication
Visitors consent to receive communication from Digital Spread LLC via email or notices that are posted to the Site. These communications will regard the visitor's monthly package and will be sent or posted based solely on decisions made by Digital Spread LLC. Visitors understand and are in agreement that all notices, agreements or other communications sent to the visitor in writing from Digital Spread LLC will be done via electronic communication. The information sent to Visitors electronically will be part of a visitor's signup on the site and the resulting relationship with Digital Spread LLC. Visitors agree that notices about their account, featured products or new offerings news can all be sent from Digital Spread LLC to the visitor via email.
How to Sign Up.
Visitors must provide an email address and credit card information if they desire to sign up with the Site. Two package types are available through this Site, a regular account and a premium version. For those who choose the regular account, no charges will be accrued. For those who upgrade to the premium package, a recurring charge will be sent to the credit card on file. The choice to invest in a premium package means that Visitors authorize Digital Spread LLC to charge the payment method on file at specified points (i.e. the one month, three month or five month marks) and to charge the premium package amount plus any applicable taxes. The package will also be regularly upgraded on the anniversary of those particular package length terms. This will continue until the visitor chooses to cancel the premium package. Visitors who opt in to the premium package for the monthly package on a specified date, for example July 7, the anniversary date for that package will be the 7th of every month thereafter. The credit card on file will then be charged on the 7th of each month. For those who opt in to a premium package on a date not included in every month of the year (i.e. the 31st), the fees will be charged on the first day of the following month. Visitors will not receive a copy of the charge slips for these regularly scheduled fee charges. Visitors agree to pay the premium package fee plus applicable taxes and authorize Digital Spread LLC or an agent to charge the payment method the visitor has opted to submit when signing up for the Site when it comes to any additional charges accrued by the visitor while using the Site.
Pending Charges for Payment Cards
Visitors who provide a payment method that is a credit or charge card also authorize Digital Spread LLC to create a pending charge to the payment card upon package signup and also before every charge on the monthly anniversary. Pending charges usually last three to seven days and are for the purpose of billing address and payment card validation. These charges do not become actual charges, but they do impact the available amount of credit on the payment card in a decrease of $1 per pending charge.
Fees Relating to your Payment Method
Visitors are responsible for any and all fees that are charged to the payment method submitted upon signup. This includes but is not limited to monthly package fees, overdraft fees and over the credit limit or insufficient fund fees.
At certain points throughout a relationship with Digital Spread LLC and at the sole discernment of the corporation, reduced monthly package fees may be offered for certain promotional product or first-time or other specified groups of customers. Visitors that wish to opt into such an offer will find their payment method charged at the time of the registration for the offer by Digital Spread LLC. Not only will the promotional charge be sent to the payment method, but applicable taxes will also be charged. Visitors agree that every promotional offer will be only valid for the term specified at the time of promotion. Upon completion of the promotional period, the regular charges will be automatically applied at the time of the anniversary of the original sign up. Terms may vary for each promotional offer. This includes promotional price and the duration of the offer. Details of the offer that are not covered in the Terms and Conditions will be covered in the offer listing on the Site. These can be read prior to signing up for the offer on a page that the visitor will be sent to upon clicking on the sign up link. Digital Spread LLC reserves the right to allow other sites to have promotional access to certain groups of the Site membership.
Periodically, Digital Spread LLC may choose to offer a trial period for customers who are creating an account on the Site for the first time. These trials will be offered on a one per household basis or possibly only one per credit card registered. At the time Visitors sign up for this offer, a promotional fee or a one-month fee will be authorized to the credit card used at sign up. However, the charges will not be applied until the end of the promotional period. Terms of each trial may vary and are at the sole discernment of Digital Spread LLC. For those details of the trial that are not covered here in the Terms and Conditions, Visitors will be taken to an additional screen during the signup process that will outline these details explicitly. The trial period will begin the day of signup for an online monthly package with Digital Spread LLC.
At the time the trial period runs out, Visitors will see an automatic renewal charged to their payment method on record. This will occur until the visitor chooses to cancel the subscription, regardless of the length of the trial period. Service prices may vary depending on the device, service, promotion offered or the country of residence. Following the expiration of the trial period, Visitors should recognize that the day after the expiration will be considered the anniversary date for the package the visitor signed up to receive. At that time, the payment method will be charged the recurring package fees on a monthly basis, as well as applicable sales taxes unless the visitor opts to cancel the package prior to the end of the trial period. visitors ARE REQUIRED TO CANCEL THEIR MONTHLY PACKAGE PRIOR TO THE END OF THE TRIAL IN ORDER TO AVOID CHARGES BEING MADE TO THE PAYMENT METHOD USED TO REGISTER. Visitors will not receive notification from Digital Spread LLC that the trial has expired. For that reason, Visitors are encouraged to make a note of the end date of the trial at the time of signup.
When you provide Digital Spread LLC with your credit card details or any other Payment Method during signup, you consent to Digital Spread LLC charging you a monthly fee of $34.95 for access to our services, along with any additional services fees and taxes that apply to use of our services in your region. If you wish to change your Payment Method from the one you used originally during your signup, or edit personal information such as your card’s validation or expiry date, you can do so via the Account page after logging into Digital Spread LLC. When you use your particular Payment Method to gain access to Digital Spread LLC’s services, Digital Spread LLC validates your personal information by processing an authorization hold. You are not charged for this. If your credit card or other Payment Method expires while your subscription is active and you have not updated your information or cancelled your subscription to the service, you authorize Digital Spread LLC to continue charging you for our services, and are responsible for any accumulated unpaid fees.
Hylaplay.com as a Site has five different categories for membership; movies, books, games, music and “all-access.” Periodically, Hylaplay.com may be inclined to offer additional content categories to members. For Visitors that sign up in a specific category originally, options for upgrades may be given to upgrade to the “all-access” membership category at a rate of $2.95, or another specified amount. If the visitor opts to upgrade, the membership would then follow the terms and conditions of the original membership while providing access to additional content.
Expiration Date and Refusal of Charges to Your Payment Card
EXPIRATION DATE AND REFUSAL OF CHARGES TO YOUR PAYMENT CARD: Visitors who have a payment card that reaches its original expiration date prior to the visitor canceling their Digital Spread LLC monthly package subscription means the card will continue to be billed by c. If for any reason the card does not accept the charges, there is a nine-day grace period for the visitor to change their payment method information or by rectifying inaccurate information. If, during that nine-day period, Digital Spread LLC is able to charge the current payment method or a replacement payment method is provided, and all past due monthly package charges are brought current, Digital Spread LLC Online benefits will continue for the visitor uninterrupted as long as payments continue to be made. If Digital Spread LLC is unable to charge the payment card (whether the existing method or a replacement method that is provided), during the nine-day grace period, the Digital Spread LLC Online Monthly Package will be suspended indefinitely on the 10th day after the initial attempt to charge the payment method was made. Within the 30 days immediately following the suspension, Visitors should be aware that Digital Spread LLC may choose to try to charge the payment method every 10 days until the charges are covered. If the charges are covered, the Digital Spread LLC Online benefits will then be reinstated on the date of the acceptance of charges. That date will now become the date each month that your payment method is charged the monthly fee and applicable taxes until cancellation of the package occurs.
Cancellation by You.
The initial regularly spaced Digital Spread LLC Online Monthly Package fee is valid for the initial period, beginning the date your paid monthly package begins and continuing until the same day of the following month. For Visitors who began a trial period on July 10th, for example, and began a paid monthly package on August 11th, the 11th of each month will be the date charges will be applied to your registered payment method each month. Cancellation can be completed by the visitor at any time, and the visitor will not be charged for any additional renewals. Those Visitors who choose to cancel on a day midway through the month, the following anniversary date will not result in charges to that visitor's payment method on record. In order to cancel a visitor's monthly package plan, toll-free calls can be made to 1-888-983-0264 in the US or 1-646-328-5024 in Canada for international assistance, seven days a week 0AM to 12PM. During the cancellation process, Visitors will be required to provide certain information to Digital Spread LLC in regard to cancellation reasons.
Modifying your Digital Spread LLC Online Monthly Package.
Modification of a visitor's monthly package, including upgrades, downgrades and the change from a monthly plan to a longer initial and renewal period for the package period can be completed as long as there is no lapse in the visitor's monthly package. For modifications, calls can be made toll-free to 1-888-983-0264 in the US and 1-646-328-5024 in Canada seven days per week 0AM to 12PM. Visitors will be asked to give authorization for the new periodic monthly package fee. Modifications to a visitor's Digital Spread LLC Online monthly package means agreement and direction to Digital Spread LLC or its agent to continue the automatic renewal process regarding your new online monthly package on the anniversary date that is now applicable. At that time, the applicable monthly package fee and all applicable fees will be charged to the Payment Method on file until the Digital Spread LLC Online Monthly package is canceled using the process outlined in the Terms and Conditions. The new package will begin on the anniversary date that applied to the previous monthly package choice.
Digital Spread LLC initiated Cancellations.
Digital Spread LLC may suspend or cancel a Digital Spread LLC Online Monthly Package account, or it may choose to restrict access to a visitor's account by that visitor, with or without cause. Fraud, abuse or piracy.
Games provided by the Site are solely for personal, non-commercial use. Digital Spread LLC does not condone or approve the unauthorized copying or distribution of these games, nor do they approve of other infringement of protected intellectual property of Digital Spread LLC or any third parties.
Cancellation or Changes to Program by Digital Spread LLC
Digital Spread LLC may at any time make changes to the Site services provided, including trials, availability and amount of e-coupons, promotional offers or other in-store free purchases, without limitation and at any time without prior notice to Site Visitors. Digital Spread LLC may also change Online Periodic monthly package fees and the number or composition of permitted purchases at any time, providing Digital Spread LLC provides email notification to Visitors regarding the change in prices for monthly package fees and also the number or composition of purchases that may adversely affect the visitor. Visitors are in agreement that they will be charged the new applicable monthly package fee unless the visitor has opted to cancel their subscription prior to the anniversary date of their specific package charges. Digital Spread LLC also reserves the right to suspend or end an Online service, such as offering a specific online monthly package plan or the offering of all online monthly package plans without prior notice and at the sole discernment of Digital Spread LLC. Visitors agree that monthly package in Digital Spread LLC Online does not involve the extension of credit or a retail instalment sale, since there is no finance charge imposed and Visitors are permitted to cancel the monthly package at any time. Void where prohibited.
SALES TAX POLICY
Digital Spread LLC Online will charge all state and local taxes as they are applicable.
RSS (Really Simple Syndication) feeds are provided to Site Visitors for the easy and quick distribution of information from the Site of Digital Spread LLC or from the visitor's Digital Spread LLC Online account. Therefore, the RSS Feeds are accessible via an XML-based URL, able to be accessed through the RSS reader of the visitor's choosing. The use of personal RSS feeds that contain details regarding a visitor's Digital Spread LLC Online account, such as rankings, queue or activity, is at the discernment of the visitor. For the Visitors that opt to utilize RSS Feeds, consent is given to transfer information to the location where the visitor has chosen to have the RSS Feed. Digital Spread LLC will not share any personally identifiable information in the visitor's feed. The visitor's use of an RSS feed may result in personally identifiable information to be associated with the visitor if it is associated with that particular RSS Feed. Visitors then recognize that the use of an RSS Feed and any information that can be personally identifiable is at the sole discernment of the visitor and at his or her risk.
The use of Digital Spread LLC RSS feeds is for personal use and non-commercial use only. Visitors are reminded that the use of an RSS feed is up to the visitor only. Visitors are permitted to alter RSS feeds or leave them as is. However, all attributions to Digital Spread LLC must remain as they were in the RSS feed. There are no warranties provided by Digital Spread LLC involving RSS feeds. Digital Spread LLC reserves the right to terminate and/or change the feeds at any time, without notice to the visitor. Digital Spread LLC is not responsible for damage or loss that results during the use of an RSS feed, whether it be to the visitor or to anyone else.
Digital Spread LLC GAME DOWNLOADS TERMS AND CONDITIONS ("DOWNLOAD TERMS AND CONDITIONS")
Along with the above-mentioned Digital Spread LLC Terms and Conditions of Use, downloading games and/or other programming on this Site is subject to the following additional Download Terms and Conditions. Visitors implicitly agree, by downloading, that they are bound by the Download Terms and Conditions about to be laid out. These terms and conditions are subject to change by Digital Spread LLC at any time and at the sole discernment of the corporation without notice to Site Visitors. Also, Digital Spread LLC reserves the right to change, modify or otherwise update portions of any available service, in its entirety or in part, at any time. Changes to these Download terms and conditions will be effective at the time they are posted to the Site. At any time, the hyperlink at the bottom of the Digital Spread LLC Site will allow Visitors access to the most current version of the Terms and Conditions, which will supercede any earlier versions. Visitors are reminded to review the Download Terms and Conditions regularly and to watch for changes. The continued use of download services through this Site is agreement and acceptance of the most current version of the Download Terms and Conditions.
Persons Under the Age of 18.
Visitors have to have the following basic tenets in order to access this Site: internet access, a valid checking account, check card or credit card and a valid email address. These requirements must be met before Visitors can download games or other available programming on this Site. All materials, including but not limited to graphic files, video files, audio files, games, hyperlinks, texts interlinks, search engines, or other content that Digital Spread LLC and any affiliates and/or subsidiaries make available as “Site Content” or make available only through this Site to its registered Visitors, pursuant to a fee-based license, which is dependent on the “Premium Content” section below. All available materials are only for those individuals who are over the age of 18. Visitors who register for the privilege of downloading premium content agree they are 18 years of age or older or have received consent from parents or guardians if they are between the ages of 13 and 18.
ACCEPTANCE OF TERMS AND REGISTRATION
Complying with Terms.
Visitors that visit the Site, utilize the services and access any of the premium content made available agree to adhere to all Download Terms and Conditions. Visitors also agree that they will not attempt, assist or encourage the alteration of software or applications related to the services available or to use the service or download content for commercial purposes. Visitors acknowledge that Digital Spread LLC may discontinue service, modify terms which impact the visitor's access to the service and/or the site content and, in any specific circumstance, Digital Spread LLC is not liable to the visitor as a result of any changes made. Purchases made by the visitor that allow premium content access set forth below, implicit agreement is made to download and install Digital Spread LLC's proprietary software application; make payments in a satisfactory and timely manner for purchased Premium Content and the provision of accurate, complete and truthful information to Digital Spread LLC by the visitor about themselves as required (“registration information”) for the purpose of creation of an account for use of the service and also to maintain and update all registration if applicable on a regular basis so that the information remains truthful and accurate. Digital Spread LLC reserves the right to decline business dealings with you at any time, for any reason or no reason. Visitors that violate the Terms and Conditions herein set out, or that provide false information, may see accounts suspended or terminated at the discernment of Digital Spread LLC. Access to service may also be terminated, with or without notice to the visitor. If this occurs, Visitors will then be required to destroy any copy of downloaded content that they have in their possession. Also, it is the right of Digital Spread LLC to pursue other available avenues or remedies in law or equity if the Download Terms and Conditions are violated, or there is a violation of the licensor's rights under copyright.
Payment for Premium Content.
Digital Spread LLC charges a license fee for each time the right to view Premium Content is licensed via the service (“License Fee”). The license fee price will be made available to Visitors at the time of purchase. Payment for premium content is required and can be made by credit card. Visitors then authorize Digital Spread LLC and an authorized agent to process these transactions on the behalf of the visitor as license fees accrue. Visitors that authorize the corporation to process these transactions should be aware that the corporation will keep that credit card information on file for the purpose of an easier checkout process in the future. Visitors agree and are aware that fraudulent reports to credit card companies regarding the charges for premium content from this Site or the Service, or if an authorized charge by the Digital Spread LLC is reported to the credit card company as unauthorized, Visitors will face action in a law or other equitable capacity from Digital Spread LLC, if the corporation chooses to pursue this route.
LICENSE TO SITE CONTENT AND PREMIUM CONTENT.
Premium Content License.
Premium Content includes a) game content where the visitor is required to pay specific fees to have the right to use the game content for a specified period of time and b) game content offerings that are labeled “buy”, “download” or “upgrade” on the Site where specific fees are paid to provide Visitors the right to watch video content an unlimited number of times.
When a visitor pays the initial license fee, non-exclusive, non-transferable and limited right and license for viewing, private display within the residence and use or permitted non-residential use rights will be provided by the Site. The content purchased by Visitors can be viewed via 1) computer (or other devices that receive specific license from Digital Spread LLC) that is connected to the Internet and reaches the Site in this manner (all Visitors are required to adhere to download terms and conditions), with Digital Spread LLC allowing downloaded content to the hard drive of the computer. Visitors are not allowed to copy or move the Content from its original location on the hard drive. Initial license to content is limited to 30 days in duration or to 24 hours from the start of the initial display and viewing, whichever occurs first, unless there was a specific notation regarding a shorter time limit for viewing at the time of purchase. In some cases, Visitors are permitted via specific extents specified on the Site to purchase licenses for one or more additional 24-hour periods for a specific item. For Visitors that purchase an additional content license, an additional viewing period of 24 hours will be granted from the start of the item's display and viewing. Visitors comprehend and agree that the content will not be available to be accessed after the additional 24-hour viewing period has ended. For the purpose of the Download Terms and Conditions, the following definitions will be applied to certain terminology; I) “residence” means a private, residential dwelling or a private office space, not including motel rooms, hospital rooms, hotel rooms, bars, prisons, restaurants, drilling rigs, barracks or other structures or places of work-related or transitional residence nor is it to apply to areas, rooms, structures or offices that have common areas or are open to the public; ii) “Permitted Non-Residential Use” will mean the private viewing by one person or a group of people of a video monitor, whether it be desktop, laptop, television or handheld device, in a non-residential venue (any instance where additional fees are charged to watch said video screen in a common area would not be applicable under this definition); III) “Non-Residential venue” is any place other than a residence, be it a structure, room or other area.
Retained Content License
When a license fee is paid, Digital Spread LLC agrees to grant the visitor a non-exclusive, non-transferable, limited right and license under copyright for the purpose of creating and maintaining a permanent copy of the retained content. This content can be viewed, used and privately displayed in the visitor's residence or for permitted non-residential use, if it fits under the following guidelines:
Visitors may keep in their possession a permanent copy of the retained content stored on the hard drive of a computer or other authorized device where the content is initially delivered via an Internet connection and the service.
Visitors are permitted to create a single back-up copy of the content on a removable media device, i.e. recordable DVD, if the content is kept in the same format as the original file that was downloaded to the hard drive. This is also specific to certain content and permitted on case-by-case basis. Two additional copies can be made by the visitor for two additional licensed computers. For this to be acceptable and not interfere with viewing the original copy of the content, each computer will need to access the service via its own Internet connection and access the visitor account to receive a new license. The additional copy feature is as yet not available via the Site, so back-up copies of the content on a DVD will not play correctly.
Digital Spread LLC may find it necessary at certain points to specify the devices compatible with the Site and those that can receive a license to view retained content at the time of a download and the receipt of a new license. Rights granted to the visitor at the time of purchase or under the Terms and Conditions to make and keep copies of retained content is only an accommodation to the visitor and not a grant or waiver of the rights of the copyright owners, especially in the case of audio and/or video content contained within retained content Visitors obtain from the Site.
Visitors that attempt to download a copy of retained content and find that the copy does not play correctly should immediately contact Customer Service. Attempts will be made to rectify any issues. After that, Visitors are responsible for keeping track of their copy of the content, as Digital Spread LLC is under no obligation to replace the content once it has been downloaded by the visitor under the stipulations put forth by the license given at the time of download. If the hard drive crashes or for any other reason, the visitor loses the retained content, no replacements will be provided by Digital Spread LLC.
Visitors agree that no ownership rights are obtained when content is downloaded from the Site. The license set forth is covered under Download Terms and Conditions and does not provide ownership rights to the visitor or provide a waiver of rights of Digital Spread LLC, or the licensors or copyright owners affiliated with the corporation.
Visitors are not permitted to re-sell, re-distribute, or transfer the Retained Content to another visitor or individual for any reason. Likewise, Visitors are not permitted to use the content in any manner that is not covered by the Download Terms and Conditions or the specifications set forth at the time of the download from the Site. Any rules regarding content use that are printed on the Site are a part of the Download Terms and Conditions.
Hardware and software platforms specified on the Site are the only ones that will properly operate the service. Visitors are responsible for ensuring they have the appropriate software and hardware for effective operation, as well as a sufficient internet connection. The right to cease support for specific hardware and software platforms is retained entirely by Digital Spread LLC, and can be done without notice to Visitors.
Title to Premium Content via the Service
Premium Content provided by Digital Spread LLC, as well as by third parties through the service, is the property of Digital Spread LLC and any specified subsidiaries or licensors. Ownership rights, title and intellectual property rights are also solely the property of either Digital Spread LLC or third-party content owners named by Digital Spread LLC. Thus, that premium content is protected by applicable copyrights and relevant laws. Other than the terms written within these terms and conditions, the Download Terms and Conditions do not provide Visitors with any implied license or express rights to premium content. This includes but is not limited to the right to copy, modify, broadcast, perform or publicly display said Premium Content.
Ending for Breach
If you are in understanding of these Download Terms and Conditions (by using the Service, you have agreed to them), then your account can be terminated right away if you do not abide by everything that has been outlined in this contract. If you do not comply with what has been described, then you will need to destroy any of the Premium Content that you have gotten from the site at that point in time.
Termination for Any Reason
These Download Terms and Conditions, as well as licenses granted via these terms for the use of Premium Content, will terminate automatically in the case of failure to comply with limitations or requirements set forth within these terms for Visitors. At that time, Visitors are required to destroy any premium content currently in their possession, as well as retained content. No notice is required for any such termination to be effected, and it would be immediate.
To avoid any unwanted charges, please be sure to read the complete details of each subscription package during signup.
If you have experienced any of the following situations on Digital Spread LLC, you may qualify for a refund.
- ·Technical Problems: we will issue a refund if technical issues prevent you from using the site.
- ·Compromised Security: accounts subject to fraudulent activity will be refunded.
- ·Billing Errors: accidental overcharges warrant a full refund.
- ·Not What You Expected: if our website doesn’t deliver the experience advertised, we will issue a refund.
We cannot issue partial refunds under any circumstances. Refund claims must be made within 60 days of a contested payment. If you wish to stop using our service, you are solely responsible for cancelling your account.
Digital Spread LLC
333 SE 2nd Avenue
Toll-Free No: 1-888-983-0264
Primary No: 1-646-328-5024
SERVICES COUNTRY LIMITATIONS
Digital Spread LLC services are restricted in the following countries: Afghanistan, Anguilla, Albania, Angola, Bosnia and Herzegovina, Barbados, Burkina Faso, Burundi, Benin, Botswana, The Democratic Republic of the Congo, Central African Republic, Congo, Cote d'Ivoire, Cameroon, China, Cuba, Djibouti, Algeria, Egypt, Western Sahara, Eritrea, Ethiopia, Gabon, Georgia, Ghana, Gambia, Guinea, Guinea-Bissau, Indonesia, Israel, Iraq, Islamic Republic of Iran, Kenya, Liberia, Lesotho, Libyan Arab Jamahiriya, Madagascar, Macedonia, Mali, Mauritania, Malaysia, Mozambique, Namibia, Niger, Nigeria, Pakistan, Reunion, Romania, Russian Federation, Rwanda, Sudan, Sierra Leone, Senegal, Somalia, Swaziland, Chad, Togo, Tunisia, United Republic of Tanzania, Ukraine, Uganda, Zambia, Zimbabwe.
Digital Spread LLC name, design, and related marks are trademarks of Digital Spread LLC 2015 Digital Spread LLC All rights reserved. Effective Jan 1st, 2015