Playback Rewards Terms of Service (V20230501)

This Terms of Service Agreement (the “Agreement” or these “Terms”) constitute an agreement by and between Playback Rewards Inc., (“Playback” or “we” or “our”) and any individual user (the “User” or “You” or “Your”) that uses or accesses our Services. These Terms also incorporate by reference Playback’s Privacy Policy. It is important that You carefully read and understand the Terms and conditions of this Agreement and Privacy Policy.

By accessing or using the Services, You are consenting to be bound by the Terms and conditions of this Agreement. If You do not agree to all of the Terms and conditions of this Agreement, or if You are under 18 years of age, you may not access or use the Services.

  1. 1. Services and License

The Services offered by Playback under the Terms consist of the Playback mobile application and website which together function as a platform for players to earn rewards for their purchases or completion of certain offers in video games (the “Services”).

As long as You comply with these Terms, Playback grants You a personal, non-exclusive, non-transferable, limited privilege to access and use the Services. This Agreement will remain in full force and effect while you use the Services and/or have a Playback account. Subject to the Terms, You may register to create an Account for the Service and utilize and access the Service. You may stop using the Services at any time, for any reason. Playback may terminate or suspend your account at any time without notice if Playback reasonably believes that you have breached this Agreement.

Support and maintenance of the Services is provided by Playback and in no event shall any third party providers or affiliates have any obligation with respect to maintenance and support of the Playback Services.

  1. 2. Account and Eligibility

The Services require that you register for a unique User Account (the “Account”). Only one (1) User Account is permitted per User, and Accounts are restricted to users 18 years of age or older. It is prohibited to create multiple Accounts or to transfer or sell a User Account to third parties.

By using the Services, you represent and warrant that (a) all information you submit to Playback is truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms at all times; (d) your use of the Services does not violate any applicable law or regulation; (e) you will safeguard your Account information and will supervise and be completely responsible for any use of your Account by you and anyone other than you.

You are solely responsible for the activity that occurs on your Account. You must keep your Account credentials secure at all times and You may not share your account with any third parties without Playback’s prior written consent. You must notify Playback immediately of any breach or suspected breach of security or unauthorized use of your Account. Playback will not be liable for any losses caused by any unauthorized use of your Account.

  1. 3. Your Conduct

You agree that you will not use the Services in a manner that is illegal or otherwise inconsistent with the Terms. You may not use the Services, or assist or encourage any other party, to engage in any Prohibited Activities or otherwise violate the Terms.

You agree NOT to (the “Prohibited Activities”):

      • Use a virtual private network, proxy, emulator, or any other means to obscure Your true source of traffic when using the Services;
      • Use any robot, spider, scraper or other automated means to access the Services;
      • Cause or attempt any action that imposes an unreasonable or disproportionately large load on our infrastructure, interferes with or disrupts the proper working of the Services, or bypass any measures we may use to prevent, restrict, or secure access to the Services;
      • Conduct any activity that typically precedes attempts to breach security such as scanning, probing, network monitoring, or other testing or vulnerability assessment activity of the Services or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Playback’s Services;
      • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services in any form or otherwise modify (or attempt to modify) or in any way tamper with, copy, or create derivative works of the Services;
      • Disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or programs;
      • Trick, defraud, or mislead Playback or other Users, especially in any attempt to gain monetary value or rewards from fake receipt generation or anything which would cause a User to improperly benefit from using the Services;
      • Take advantage of any glitch or bug in the Services, especially in any attempt to improperly gain monetary value, rewards, or improperly benefit from the Services or learn sensitive account information of other Users;
      • Engage in any commercial activities or solicitation, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
      • Harvest or collect information from Users or other content of the Service;
      • Transmit any trade secret or other material, non-public information about any person, company, or entity or any other information that may be protected from disclosure by applicable law, without the authorization to do so;
      • Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide (or attempt to hide) your identity, or create User Accounts by automated means or under false pretenses;
      • Violate any applicable law, statute, ordinance, or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability, including without limitation those relating to privacy, electronic communications, and anti-spam legislation;
      • Make improper use of Playback’s support services or otherwise mislead Playback;
      • Disparage, tarnish, or otherwise harm the Services and/or Playback including its owners and employees;
      • Use the Service to conduct (or attempt to conduct) any fraudulent or illegal activity or acquire points or rewards through unscrupulous or illegal means;
      • Engage in cheating or any other activity deemed by Playback to be in conflict with the spirit or intent of the Service.

If we believe You violated any of the Prohibited Activities or any other Terms (or if You assisted or encouraged any other party to), we reserves the right in our sole discretion to:

      • Delete, blacklist, or indefinitely ban Your Account without warning;
      • Block any User activity that may be considered fraudulent, detrimental to the Service, or violates these Terms;
      • Nullify or cancel any rewards or points accumulated on Your Account and to disable the redemption of any of Your rewards.

    4. Rewards

Playback users can earn points based on their purchase in video games or upon their completion of other offers from Playback. Users can redeem their points for different rewards offered by Playback, such as gift cards, prepaid cards, or similar items (the “Reward” or “Rewards”). These Rewards are redeemed through third-party providers, and Playback is not responsible for the actions of those providers or any restrictions or other policies imposed by those providers, including policies which may limit Your use of the Reward.

The Rewards cannot be redeemed for cash or in any way resold, exchanged, or returned for a cash refund, unless required by law. Rewards may be redeemed in countries where applicable merchants and services are available. Playback is not responsible for any valid Reward which a user is unable to redeem due to their age, situation, or country of residence. Playback is not responsible for any lost, stolen, or malfunctioning Rewards except when it is caused by the gross negligence or willful misconduct of Playback.

Points do not otherwise have any monetary value and cannot be transferred to other Users. Playback has the right to change at any given time at Playback’s sole discretion how points or Rewards are redeemed, acquired, or are otherwise structured, including setting expiration periods or limiting the number of points you can accumulate or maintain in your Account. Playback may also change which Rewards are available through the Service at Playback’s sole discretion and at any time.

You agree that You will be solely responsible for paying any applicable taxes, if any, related to the redemption of points and/or acquisition of Rewards. You are solely responsible for complying with the terms of any third party when acquiring Rewards and verifying that the correct Rewards have been issued to you each time you acquire Rewards through the Service.

  1. 5. Intellectual Property

All of the content on the Services including, without limitation text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content, is owned by Playback, its licensors, vendors, agents, or content providers. You agree that all rights, title, and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts, and other derivative works of the Services provided or developed by Playback are owned exclusively by Playback or its licensors. All rights not granted to You in this Agreement are reserved by Playback.

All elements and design of the Services are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes. The Services may only be used for the intended purpose for which the Services is being made available. Except as may be expressly set forth herein, You hereby agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of the Service. Except as may be expressly set forth herein, the Terms only allow You to utilize the Services for Your own personal, informational, and noncommercial purposes. The Services will remain the exclusive property of Playback or its licensors, vendors, agents or content providers unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on the Services. Use of the Services for any purpose other than specified in the Terms is a violation of Playback’s legal rights.

  1. 6. Account Inactivity and Deactivation

Playback reserves the right to delete or deactivate without notice any account which has been inactive for a consecutive period of three hundred sixty (360) days. An Account is deemed inactive when there has been no access or attempt to access the Services by the User.

Upon deletion of an Account, Playback may delete the Account data, and any accumulated points or Rewards will be considered null and void. Playback shall not be liable to a User nor to any third party for any termination of a User’s access to the Services or deletion of a User’s data or accumulated points or Rewards.

  1. 7. Disclaimers

The Playback Services are provided “as is” and “as available” and without any representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness, for a particular purpose and non-infringement.

We strive to make our Services available 24/7, bug-free, and safe but we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, accurateness, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. We will not be liable for any loss or damage resulting from any interruption or delay in the provision of our Services. The use of the Services is at the User’s own discretion and risk.

Playback assumes no liability or responsibility for errors, mistakes, or inaccuracies of the Services; any products, services, or rewards listed or redeemed via the Services; any acts, omissions and conduct of any users or other third-parties on or through the Services; any unauthorized access to or use of the Services servers and/or any and all data stored therein; any interruption or cessation of transmission to or from the Services; any injuries physical or emotional to you or third-parties related to use of the Services; any illegal activity in connection to the Services; any bugs, virus, trojan horses, or the like which may be transmitted to or through the Services.

Our Services may include links to content provided by third parties, including recommendations or offers for games, products, or services. We do not control such content and make no representations or warranties of any kind regarding the accuracy, reliability, or completeness of such content. Playback does not warrant, endorse, guarantee or, or assume responsibility for any game, product, reward, service, or offering listed or sold by a third-party through the Services or any linked website or featured listing. Downloading these games carries the same risk as downloading any other game directly from an app store, and your use of such content is at your own risk. These third-party services are made available only as a convenience, and download, purchase, access, or use of any such third-party service is solely between you and the applicable third-party services provider. Under no circumstances shall Playback be liable for any damages whatsoever that result from your use of any third-party services.

To the maximum extent permitted by law, Playback expressly disclaims all liability for product defect or failure of the Services or the devices on which it is accessed.

  1. 8. Limitation of Liability

In no event shall Playback or its providers and affiliates be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to Your use of our Services or the inability to use our Services, including but not limited to, damages for loss of use, data, goodwill, profits, other intangible losses, or any damages or loss arising from the services provided by third party providers.

In no event will Playback’s aggregate liability arising out of or in connection with the Terms, whether in contract, tort (including negligence, product liability or otherwise), warranty or otherwise, exceed the greater of the amount paid by the User to use the Services or $50.

Your sole and exclusive remedy from any use of, or inability to use, the Services, shall be for you to discontinue use of the Services.

  1. 9. Indemnification

You agree to defend, indemnify, and hold harmless Playback, its affiliates and its respective directors, officers, employees, and agents from and against all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses, including without limitation, attorneys’ fees and any other liabilities, arising from or related to your use or misuse of the Services or any breach of these Terms.

  1. 10. Representations

You represent and warrant that You are fully authorized to enter into this Agreement and that You are fully authorized to use the Services; that You have read, understood, agree with, and will abide by the Terms, and that You are and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement.

  1. 11. Digital Millennium Copyright Act

Playback respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), We will respond expeditiously to notices of alleged copyright infringement that are duly reported to us. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide us with the following information:

      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
      • A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. You may send a counter-notice containing the following information to us:

      • Your physical or electronic signature;
      • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      • A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      • Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

See the Contact Information section of the Terms for how to reach us. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.

  1. 12. Amendments to these Terms

We reserve the right to update and change these Terms and the Services at any time, including eliminating any Service or feature of the Service or denying or terminating your use of or access to the Service. Any changes to the current Services shall also be subject to the Terms. You should review these Terms from time to time and your continued use of the Services constitutes your ongoing acceptance of the Terms.

  1. 13. General

The Terms will be governed by the laws of the State of Wisconsin, without reference to its choice of laws. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of Dane County, Wisconsin. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to You or delegate any of Your duties hereunder and any attempt to do so is void and of no effect. Playback may assign its rights and delegate its duties under this Agreement in their entirety at any time, including in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement. Nothing in this Agreement shall constitute a partnership or joint venture between You and Playback. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

If one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of this Agreement shall be unaffected. You and Playback acknowledge and agree that any third party platform used to access the Services, and their subsidiaries, are third party beneficiaries of the Terms, and that, upon Your acceptance of the Terms, such platform will have the right (and will be deemed to have accepted the right) to enforce the Terms against You as a third party beneficiary of the Terms. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.

  1. 14. Contact Information

The best way to contact us is to email us at: hello@playbackrewards.com

  1. 15. Effective Date and Last Updated Date

These Terms are effective as of May 1, 2023 and were last modified on that date.