Some of the Service subscription plans are offered for a fee ("Paid Services"), while other Service subscription plans may be free with optional paid upgrades. All Paid Services are sold through FastSpring (Bright Market, LLC d/b/a FastSpring, 801 Garden St. #201, Santa Barbara, CA 93101, United States of America, https://fastspring.com), a trusted Reseller for Service Provider. By using a Paid Service, you agree to pay the specified fees, which FastSpring will bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting Service Provider at firstname.lastname@example.org or Reseller at email@example.com.
If your payment fails or Paid Services are otherwise not paid for on time, Service Provider may immediately cancel or revoke your access to the Paid Services and queue your backed-up Go PlayAlong Cloud Content for deletion. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to the Services in general.
To ensure uninterrupted service, the Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize Service Provider to invoice you or use any payment mechanism Service Provider has on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a Go PlayAlong Cloud monthly plan, you will be charged each month.
While you may cancel a Paid Service at any time, refunds are issued in Service Provider's sole discretion.
Service Provider may change fees at any time. When applicable, Service Provider may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Paid Service.
As Service Provider asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Go PlayAlong Cloud violates your copyright, you are encouraged to notify Service Provider in accordance with Service Provider's Digital Millennium Copyright Act ("DMCA") Policy. Service Provider will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Service Provider will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Service Provider or others. In the case of such termination, Service Provider will have no obligation to provide a refund of any amounts previously paid to Service Provider.
This Agreement does not transfer from Service Provider to you any Service Provider or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Service Provider. Go PlayAlong Cloud, the Go PlayAlong Cloud logo, and all other trademarks, service marks, graphics and logos used in connection with Go PlayAlong Cloud or the Services, are trademarks of Service Provider or Service Provider's licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Service Provider or third-party trademarks.
By constantly updating the Services, the legal terms, under which the Services are offered, have to be changed sometimes. If Service Provider makes changes that are material, Service Provider will let you know by posting on one of the blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with the changes, then you should stop using the Services within the designated notice period. Your continued use of the Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Service Provider may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Go PlayAlong Cloud account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Services are provided "as is." Service Provider and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Service Provider nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of Hungary, European Union, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Hungary.
In no event will Service Provider, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Service Provider under this Agreement during the twelve (12) month period prior to the cause of action. Service Provider shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that your use of the Services:
Will be in strict accordance with this Agreement; Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and Will not infringe or misappropriate the intellectual property rights of any third party.
You expressly represent and warrant that your use of the Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Service Provider reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Service Provider, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Service Provider and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Service Provider, or by the posting by Service Provider of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one i nstance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Service Provider may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.