Please read this Terms of Service Agreement carefully, as it contains important information regarding your legal rights and remedies.
Last Revised: October 23, 2024
Overview
This Terms of Service Agreement (“Agreement”) is entered into by and between 41 X 85 SOFTWARE, LLC (registered address: 7301 Silverthorn Run, Fort Wayne, IN 46835 US) (“Company”) and you, effective as of the date you use this website http://dev.41xplaywork.com (“Website”) or accept it electronically.
This Agreement sets forth the general terms and conditions for your use of http://dev.41xplaywork.com and the products and/or services accessed through this Website (“Services”). Whether you are simply browsing or using this Website, your use of the Website and your electronic acceptance of this Agreement indicates that you have read, understood, acknowledged, and agreed to be bound by this Agreement and our Privacy Policy. The terms “we,” “us,” or “our” refer to the Company. The terms “you,” “your,” “user,” or “customer” refer to any individual or entity that accepts this Agreement, uses our Website, or accesses or uses the Services. Nothing in this Agreement shall be construed as granting any rights or benefits to any third party.
The Company may, at its sole discretion, change or modify this Agreement and any policies or agreements incorporated herein at any time, and such changes or modifications shall be effective immediately upon posting on this Website. Your use of the Website or Services after such changes or modifications indicates your acceptance of the latest revised version of this Agreement.
If you do not agree to be bound by the latest revised version of this Agreement, please do not use (or continue to use) this Website or Services.
Eligibility
This Website and Services are offered only to users who are capable of entering into legally binding contracts under applicable law. By using this Website or Services, you represent and warrant that you (i) are at least thirteen (13) years old; (ii) are capable of entering into legally binding contracts under applicable law; and (iii) are not prohibited from purchasing or receiving Services under the laws of the United States or any other applicable jurisdiction.
If you are signing this Agreement on behalf of a company or any legal entity, you represent and warrant that you have the legal authority to bind such entity to the terms and conditions of this Agreement, in which case the terms “you,” “your,” “user,” or “customer” shall refer to such entity. If, after you electronically accept this Agreement, the Company discovers that you do not have the legal authority to bind such entity, you shall be personally responsible for the obligations under this Agreement.
User Conduct Guidelines
By using this Website, you acknowledge and agree that:
Your use of this Website, including any content you submit, will comply with this Agreement and all applicable local, state, national, and international laws, regulations, and rules.
You shall not use this Website in any of the following ways:
For illegal purposes, or to promote or encourage illegal activities;
To promote, encourage, or engage in child pornography or child exploitation;
To promote, encourage, or engage in terrorism or violence against persons, animals, or property;
To promote, encourage, or engage in any spam or other unsolicited mass email, or computer or network hacking or cracking;
To infringe the intellectual property rights of other users or any other individual or entity;
To infringe the privacy rights or publicity rights of other users or any other individual or entity, or violate any confidentiality obligations you owe to other users or any other individual or entity;
To interfere with the operation of this Website.
Intellectual Property
In addition to the general rules mentioned above, this section provides specific provisions applicable to your use of Company content posted on the Website. The Company content on this Website, including but not limited to text, software, scripts, source code, APIs, graphics, photographs, sounds, music, videos, interactive features, and trademarks, service marks, and logos contained therein (“Company Content”), is owned or licensed by 41 XPLAY STEAM and is protected by copyright, trademark, and/or patent laws.
Company Content is provided to you “as is,” “as available,” and “with all faults” for your reference and personal, non-commercial use only, and you may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use any of it for any purpose without the prior express written consent of the Company. This Agreement does not grant any rights or licenses under any copyright, trademark, patent, or other proprietary rights.
Disclaimer and Warranties
You expressly acknowledge and agree that you use this Website at your own risk, and that the Website is provided “as is,” “as available,” and “with all faults.” The Company and its officers, directors, employees, and agents disclaim all statutory, express, or implied warranties, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. The Company, its officers, directors, employees, and agents make no representations or warranties regarding (I) the accuracy, completeness, or content of this Website, (II) the accuracy, completeness, or content of any website linked to this Website (via hyperlinks, banners, or otherwise), and/or (III) the services provided by this Website or any website linked to this Website (via hyperlinks, banners, or otherwise), and the Company shall not be liable or responsible for any of the foregoing.
Furthermore, you expressly acknowledge and agree that any oral or written information or advice provided by the Company, its officers, directors, employees, or agents, or third-party service providers does not (I) constitute legal or financial advice, or (II) create any form of warranty regarding this Website or the services provided by this Website, and users should not rely on any such information or advice.
The disclaimers of the above representations and warranties shall apply to the fullest extent permitted by law and shall survive the termination or expiration of this Agreement or your termination or expiration of use of this Website or the services provided by this Website.
Website Availability
Subject to the terms and conditions of this Agreement and our policies, we will make commercially reasonable efforts to attempt to provide this Website on a 24/7 basis. You acknowledge and agree that this Website may be unavailable for any reason, including but not limited to periodic maintenance, repairs, or replacements we may undertake from time to time, or other reasons beyond our control, including but not limited to interruptions or failures in telecommunications or digital transmission links or other failures.
You acknowledge and agree that we cannot guarantee the continuous or uninterrupted availability of this Website and that we shall not be liable to you or any other party in this regard.
Termination of Services
The Company reserves the right to cease providing any Services at any time for any reason or for no reason, without prior notice. While the Company strives to maximize the longevity of all its Services, there may be times when the Services we provide are discontinued. In such cases, the Company will no longer support the product or service. In this case, the Company will provide similar services for you to migrate or a refund. The Company shall not be liable to you or any third party for any modifications, suspensions, or terminations of any Services we may provide or assist in accessing.
Contact Information
If you have any questions about this Agreement, please contact us via email or regular mail at the following address:
7301 Silverthorn Run, Fort Wayne, IN 46835 US