TERMS OF USE

THIS IS A LEGAL AGREEMENT BETWEEN “YOU” (INCLUDING BUT NOT LIMITED TO ANY VISITOR, USER, SUBSCRIBER, FREE TRIAL USER, OR PURCHASER OF ANY HOWIE’S GAMES SERVICE WHETHER OR NOT REQUIRING PAYMENT OF A FEE) AND MOBOVIVO DBA HOWIE’S GAMES, (“HOWIE’S GAMES”) STATING THE TERMS THAT GOVERN YOUR USE OF THE HOWIE’S GAMES WEBSITE (THE “WEBSITE”). THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF HOWIE’S GAMES’S RULES AND POLICIES, INCLUDING THE HOWIE’S GAMES PRIVACY POLICY, ALL AS AMENDED – COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND HOWIE'S GAMES. THIS IS A LEGALLY-BINDING CONTRACT BETWEEN YOU AND HOWIE'S GAMES THAT GRANTS YOU A LIMITED LICENSE TO ACCESS THE WEBSITE, AND TO USE THE MEDIA DOWNLOADS. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND HOWIE'S GAMES MAY REFUSE ACCESS TO THE WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. IN ADDITION, WHEN USING PARTICULAR SERVICES, YOU MAY BE SUBJECT TO GUIDELINES OR RULES OR ADDITIONAL TERMS (WHICH MAY BE POSTED FROM TIME TO TIME) APPLICABLE TO SUCH SERVICES AND WHICH ARE INCORPORATED BY REFERENCE INTO THE TERMS OF USE. ALL SUCH GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THE TERMS OF USE. YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO HOWIE'S GAMES TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT OR THE SERVICES OFFERED THROUGH THIS WEBSITE. AS USED HEREIN, “SERVICES” INCLUDES ANY VERSION OR TYPE OF THE HOWIE'S GAMES SERVICES AS WELL AS MULTIMEDIA DOWNLOADS OR OTHER SERVICES PROVIDED BY HOWIE'S GAMES, ACCESSED THROUGH THE INTERNET AND VARIOUS MEDIUMS OR DEVICES NOW KNOWN OR HEREAFTER DEVELOPED. YOU UNDERSTAND AND AGREE THAT THE SERVICES MAY INCLUDE ADVERTISEMENTS AND THAT THESE ADVERTISEMENTS ARE NECESSARY FOR HOWIE'S GAMES TO PROVIDE THE SERVICES.


The use of the Website is subject to this Agreement. By accessing this Website, you accept and agree to be bound by this Agreement. If you do not wish to abide by these terms and conditions, please leave the Website now and do not access or use this Website in the future, unless you assume the obligations outlined below.

1. COPYRIGHT NOTICE This Website was created by Howie's Games. “Howie's Games”, and the Howie's Games logo are trademarks of Howie's Games. All trademarks, trade names, company names, slogans, logos, and any other copyright items which can be seen on the Website pages in various contexts are the property of their respective owners. You have no right to copy, distribute or otherwise use them without the prior written consent of the owners. Any use of any trademarks appearing on the Website without the express written consent of the owner of the trademark is strictly prohibited. This Website is copyright 2020 Howie's Games Inc. All rights reserved. Any use other than as permitted by these Terms of use, change or duplication of this Website, in whole or in part, without the prior written permission of Howie's Games is strictly forbidden.


2. INTELLECTUAL PROPERTY RIGHTS AND PERMITTED USES Only you may access the Services using your username and password. The Services available through the Website are the property of Howie's Games or its licensors and are protected by copyright and other intellectual property laws. The Services may be used for your personal, non-commercial use only. You agree not to (i) reproduce, record, retransmit, distribute, disseminate, sell, rent, broadcast or circulate any content received through any Service to any third party, (ii) exploit any such content for commercial purposes without the express prior written consent of Howie's Games, or (iii) share your password with any third party. You may not make any unauthorized copies of any content obtained through the Services. Because the Services are designed for personal use, you are not allowed to use any automated system for the selection or streaming of files. You further agree to indemnify and hold harmless Howie's Games for your failure to comply with this section, and these Terms of Use generally. Howie's Games and its licensors retain exclusive ownership of the Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or their contents. Howie's Games reserves all rights not expressly granted hereunder. You shall promptly notify Howie's Games in writing upon your discovery of any unauthorized use or infringement of the Services or their contents or any patent, copyright, trade secret, trademarks or other intellectual property rights of Howie's Games or its licensors. The Services contain proprietary information that is protected by copyright laws and international treaty provisions.

3. Howie's Games expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such law. Certain content on the Website may not be available to you due to third-party license restrictions pertaining thereto. You understand that the Services may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Howie's Games and/or licensors or content providers who provide content to the Service. You agree that you will not attempt to override or circumvent any of the usage rules embedded into the Services, or forming a part of these Terms of Use. In addition, you may not reverse engineer, transcode, decompile, translate, adapt, modify, disassemble or otherwise tamper with any media downloaded from the Website, or circumvent any technology designed to enforce these limitations on use (existing or contemplated). Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited. All rights not expressly granted to you in these Terms of Use are reserved to Howie's Games and/or its licensors.


4. USER REGISTRATION In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You may only open an account for yourself, and not for any other person. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Howie's Games has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Howie's Games has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), whether paid or not. You acknowledge and agree that the complete privacy of your data and messages transmitted while registering or using the Website cannot be guaranteed. During Howie's Games registration, you will select a password and user login Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Howie's Games of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. You agree to notify Howie's Games immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Howie's Games, its third party licensors, or by any other user of or visitor to the Website due to someone else using your Registration Data. No person may use anyone else’s unique Registration Data at any time. Howie's Games will not be liable for any loss or damage arising from your failure to comply with this Section. In compliance with its Privacy Policy, Howie's Games is entitled to collect and analyze data relating to your Registration Data and your use of the Website. You acknowledge and expressly consent to Howie's Games accessing, preserving, and disclosing your Registration Data if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any content on the Website violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Howie's Games, its users and the public.


5. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE Howie's Games will make reasonable efforts to keep your account and the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate in advance will exceed one hour. Howie's Games also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service(s) with or without notice. Due to contractual or other limitations, from time to time, some video downloads may no longer be available. Howie's Games reserves the right to change remove content from availability as multimedia downloads at any time and for any reason. Howie's Games shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services. You understand and agree that the Services are provided “AS-IS” and that Howie's Games assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.


6. ACCESS TO HOWIE'S GAMES You are responsible for obtaining access to the Services and that access may involve third-party fees (such as Internet service provider, cellphone, or other airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Special product or service offerings and promotions displayed on the Website are considered no longer valid once they are removed from the Website. Additionally, all offerings, discounts, coupons, and promotions are subject to change or cancellation at any time without notice.

 

PRIVACY POLICY

This Privacy Policy is based on the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”). It governs the relationship between ePlay Digital  (“ePlay”, “we”, “us”) and individuals with whom we interact through the ePlay website (the “Website”), such as our customer’s rs and potential customers (“you”). As used herein, “Services” includes any version or type of the ePlay services as well as downloads or other services provided by ePlay.

Your right to privacy is very important

We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. We believe this information should only be used to help us provide you with better service. That’s why we have put this

Privacy Policy in place to protect your personal information. By your receipt of this Privacy Policy and your agreement to the Terms of Use, ePlay will assume, unless we hear from you otherwise, that you consent to the collection, use and disclosure of your personal information by ePlay in accordance with this Privacy Policy.

What Personal Information Do We Collect?

In general, when you visit our Website and access information you remain anonymous. We will not provide any of your personal information to other companies or individuals without your permission. We collect only that information that we need in order to maintain a high level of customer service to you; to manage, develop and improve our operations; and to understand your needs. Sometimes that is only a name and an email address, but in some circumstances, we need to have more information.

We will limit our collection, use and disclosure of your personal information to the purposes that we have identified to you. The only personally identifiable information we collect and store is the information you choose to provide us with either when you register or order a download on the Website. In addition, we may occasionally collect information in the course of a contest or promotion. At the time that we collect this information we will give you the opportunity to opt out of receiving further offers and information from ePlay.


Protecting your Privacy

We will take appropriate steps to protect your privacy. Whenever you provide personal information, we will take reasonable steps to protect it. We will also take reasonable security measures to protect your personal information in storage. As mentioned above, we will not provide any of your personal information to other companies or individuals without your permission. We do not sell names, email addresses, mailing addresses, or other information to third parties for any purpose. We will only disclose the information when required by law or for the purpose of a proposed sale of all of or a part of our business, in which case, we will obtain the agreement of third parties to protect the confidentiality of your information.

Your Credit Card Information

Please note that when making payment for content form the Website, you will be providing your information on method of payment and credit card details to PayPal Inc., a payment processing company certified by Verisign that has a contract with ePlay. All details of your method of payment and credit card details are UNAVAILABLE to ePlay and they never come into ePlay’s knowledge or possession. Nevertheless, ePlay agrees to keep confidential and protect any other financial information on its users with all possible care.

Use of Cookies

ePlay may occasionally use cookies to provide you with a better experience on the Website. A cookie is useful information, such as an e mail address or password, which is stored on your hard drive that enables your web browser to “remember” some useful items when you return to a web site. Cookies from the Website can only be read by the Website. If you choose to disable cookies in your browser, you will still be able to access the Website, although your user experience may be diminished.

The Website may collect visitor information in the form of the visitor’s domain or IP address solely for statistical purposes and to ensure that copyright territory restrictions are respected, and may also collect information regarding which pages are accessed. This information is used internally, only in aggregate form, to better serve you by helping us manage and improve the content of our Website and to diagnose technical problems.

Questions?

ePlay welcomes comments and questions on this Privacy Policy. We are dedicated to protecting your personal information, and will make every reasonable effort to keep that information secure. We may occasionally update this Privacy Policy; all revisions will be posted to this site. To access your personal information, change your consent to the ways in which we may use your personal information, have a complaint about our Privacy Policy or the manner in which we may have handled your personal information, or if you have any questions about our Privacy Policy, please contact our Privacy Officer (who is responsible for this Privacy Policy and accountable to you) as follows: 

Privacy Officer Email: privacy.office@ePlayDigital.com

 

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