Terms Of Use

Last updated: May 4, 2017.

By using Play.Town ("Play Town") and/or New Alpha Media's Games you agree to be bound to this legal contract. If you do not agree with all of the terms of this agreement, you may not use the service.

Thank you for using the Play.Town service (the "Service"). These Terms Of Use (the "Agreement") set forth the terms and conditions under which you are provided access to the Service by New Alpha Media ("New Alpha Media" or "Us" or "We"). This Agreement does not supersede the End User License Agreement (the "EULA") that accompanies New Alpha Media's games (each a "Game") or any other specific Terms of Use that accompanies a Game (the "Game-specific Terms of Use").

1. Grant of a Limited License to Use the Service

Subject to the terms and conditions of this Agreement and your agreement to and continuing compliance with this Agreement, New Alpha Media hereby grants you a revocable, non-sublicensable, non-transferable, and non-exclusive license to use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client. You do not own any Virtual Items obtained through the Service, and these Virtual Items are not representative of, and cannot be exchanged for any real currency or its equivalent. You may only purchase a limited license to use the Service, software applications, and the Virtual Items therein. The purchase of this license is a completed transaction upon receipt of payment.

2. Additional License Limitations

The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or any Game in violation of the License Limitations will be regarded as an infringement of New Alpha Media’s copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:

2.1 use the Service, a Game or any part thereof for any "e-sports" or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without New Alpha Media’s prior written consent;

2.2 use cheats, create cheats, use automation software (bots), mods, hacks, or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience;

2.3 exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation (a) use at a computer gaming center, cyber cafe or any other commercial establishment without the express written consent of New Alpha Media, unless otherwise stated in a EULA; (b) to facilitate or communicate any commercial advertisement or solicitation; (c) for gathering in-game items, currency, or resources for sale outside the Game without New Alpha Media’s authorization; (d) selling or trading Game items, characters or accounts for the Service and/or a Game; or (e) performing in-game services in exchange for payment outside the Game;

2.4 make, create or assist in unauthorized connections to any Game or the Service;

2.5 emulate, intercept or redirect the communication protocols used by New Alpha Media in any way, for any purpose;

2.6 disrupt or assist in the disruption of any player's Game experience, the Service or any Game environment (each a "Server"), by means of disruption of any computer used to support the Service or Game environment;

2.7 use any unauthorized third-party software that "mines", "data-mines", intercepts, or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service;

2.8 exchange, buy or sell for real money or in exchange for in-game currency, items, characters or other resources that may be used in a Game outside the Game without New Alpha Media’s authorization;

2.9 allow any third party (except for a minor as stipulated under Section 3 below) to use your account on the Service or for a Game;

2.10 modify, support or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by New Alpha Media.

3. Use of the Service by Minors

Subject to the laws of your country of residence, minor children may only utilize an Account which has been established by their parent or legal guardian with the approval of their parent or legal guardian. Within your capacity as a parent or legal guardian, when allowing your minor child to use an Account on the Service, you hereby agree to this Terms of Use Agreement on behalf of both yourself and your minor child. In doing so, you also represent and warrant that you will be responsible for any and all use of the Account by your minor child, whether or not such uses were authorized by you.

4. Requirements

Use of the Service is also governed by New Alpha Media's Privacy Policy. Before creating an account (an "Account") or accessing the Service you must: (i) read, understand and agree to this Agreement and the Privacy Policy located at https://www.newalphamedia.com/privacy/ and (ii) register an account on the Service. You must also read, understand and agree to each applicable Game-specific Terms of Use and EULA for each of the Game(s) you will use with the Service. If a Game requires a valid license you must also purchase this in order to use the Service with the applicable Game. You are responsible for any internet connection fees and other additional fees that may incur when using a Game with the Service or accessing the Service.

5. Accessing the Service

5.1 You may only establish, use or access an Account on the Service if you (a) are a "natural person"; (b) are 16 years or older; (c) are not a Corporation, Limited Liability Company, Partnership and any other legal or business entity. By accepting this Agreement, you hereby represent and warrant that you meet these Account Eligibility requirements. We reserve the right to, at any time, take steps and/or measures to suspend, terminate or otherwise "delete" any Account found to be in breach of these Account Eligibility requirements.

5.2 You may also be required to register an Account on the Service, or have a valid account on a social networking service ("SNS") through which you connected to the Service. By establishing an Account on the Service, you agree to the requirements of providing certain personal information, such as, but not limited to your name, address and e-mail address.

5.3 During the Account creation process, you may be required to submit and select a username and/or password (collectively referred to hereunder as "Login Information"). Your Login Information must not be shared with any third-party (except for a minor as stipulated under Section 3 above). You are responsible for the keeping your Login Information confidential, and in the event of an unauthorized or authorized third-party accessing your Account with your Login Information, you will be responsible for all use and any damages resulting from the use of the Login Information, including but not limited to purchases made.

5.4 You are required to immediately notify New Alpha Media through our contact e-mail address specified at https://www.newalphamedia.com/contact/ of any breach of security that you reasonably suspect or become aware of, including without limitation any theft, loss or unauthorized disclosure of the Login Information.

6. Third Party Features

6.1 A "Facebook Friends" feature may be available for those who register/link to the Service their "Facebook Account". This feature is subject to separate terms and conditions, provided by Facebook Inc. In order to use this feature, you must refer to, read, acknowledge and accept to their terms and conditions.

6.2 Other third-party may be included as features of the Service and/or Games. These features may include their own legal documentations which you must refer to, read, acknowledge and accept in order to use those features.

7. Updates

7.1 New Alpha Media may, from time to time, change or modify this Agreement. In this case, New Alpha Media may provide notice of any such changes or modifications through a special notice, or by contacting you. If you continue to use the Service after thirty (30) days following the aforementioned special notice, your continued use of the Service will mean that you accept the amended Agreement in entirety. If you object to the amended Agreement, you may not continue to use the Service. Please note that those changes or modifications will not likely affect the essential characteristics of the Service.

7.2 At times, updates to the Service and to the Games may be required, which may require you to download and install the updated Service and/or Games. You acknowledge and agree that New Alpha Media may update the Service, Games, including any download client software, with or without notifying you.

8. Restrictions and Conditions of Use

8.1 You agree that you will not use any Account, Game or the Service to in any way violate any applicable law or regulation.

8.2 You may not misuse the Service. The Service must only be used in the ways expressly permitted by this Agreement. You agree that you will not, without limitation, institute, assist, become involved in or help with (a) any type of attack (such as, denial of service attacks) on the Service, (b) attempt to disrupt the Service, (c) attempt to disrupt any other person's use of the Service, or (d) attempt to gain unauthorized access to the Service, Accounts or computer systems or networks in connection to the Service.

8.3 You agree to not "data mine" information or data. You agree that you will not, without limitation, institute, assist, become involved in or help with (a) the mining of any data from the Service, Games or any Account, (b) examine, intercept or observe any communications protocols used by the Service or Game client and (c) use any third-party software which collects data or information from any Game, Account or the Service, including, without limitation, information or data relating to characters, objects, virtual items or other Game data.

8.4 "User Content" means any data, sounds, images, communications or material and information that you upload or transmit through the Service, or a Game. This includes what other users upload or transmit. You hereby grant New Alpha Media a perpetual, irrevocable, worldwide, non-exclusive, paid-up, license, including the right to sublicense to third parties, and right to alter, reproduce, modify, translate, reformat, create derivative works from, publish, distribute, sell, license, transfer, rent, lease, transmit, publicly display and/or perform, broadcast, communicate to the public by telecommunication, provide access to electronically, enter into computer memory, and use and/or practice such User Content. This includes all modified and derivative works thereof. You acknowledge and agree that, to the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.

8.5 In order to better serve you, New Alpha Media may require certain "non-personal" information and will collect such "non-personal" information. You acknowledge and agree that New Alpha Media has the right to obtain "non-personal" information, without any further notice to you.

8.6 New Alpha Media does not and cannot monitor, or pre-screen all User Content. If New Alpha Media becomes aware of unlawful, harmful or illegal User Content, it will be either denied access to, or deleted.

9. Ownership

9.1 The Service and the Games are copyrighted works owned by New Alpha Media and its licensors. This includes, without limitation, moral rights, artwork, animations, sound, music, visual effects, stories, dialogues, characters, objects, recordings or replays of Games, the Game client and service software, Game titles, Game and Service coding and scripts. We reserve all rights in connection with the Service and the Games. We also reserve the exclusive right to create derivative works of the Games and Service. You agree to not create, or assist in the creation of any work based on the Games or the Service, unless express written permission from New Alpha Media has been given. We are often happy for fans to create "Fan" art or works, as long as they have our express written permission first, otherwise, "Fan" art or works are expressly forbidden.

9.2 New Alpha Media owns all Accounts created on/for the Service. By using the Account, you acknowledge and agree that you have no ownership or other property interest in the Account. You may not purchase, sell, trade or "gift" any Account.

9.3 New Alpha Media owns, has licensed, or otherwise has rights to all of the content that appears in the Service and the Games. You acknowledge and agree that you have no rights to any such content, including, without limitation, the virtual goods or currencies created in any Game, or any other stored data or contents associated with any Account, Service or Game. New Alpha Media does not allow the transfer, sale, trading or "gifting" of virtual properties, excluding certain features of the Account, Service or Games which offer these actions.

10. Termination of Service

10.1 You may at any time cancel your Account by contacting us through our website. You are entitled to terminate your license to use the Service at any time by ceasing all use of the Service, excluding products purchased on the Service.

10.2 Upon failure to comply with any terms contained within this Agreement and/or a Game EULA, New Alpha Media may choose to provide you with a warning regarding your non-compliance. Whether or not a warning is issued, and especially in cases of a serious violation of this Agreement, and/or a Game EULA, New Alpha Media reserves the right to immediately terminate your license to use the Service, and any Account you may have in relation to the Service, or any New Alpha Media Game, without any prior warning and without providing any refunds, benefits or compensation for (a) purchases made with, on, or through the Service, and/or Games; (b) any damages resulting from, caused either directly or indirectly, or arising from the termination of your license to use the Service and/or any Account terminated.

11. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

As some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, some of the following limitations in this section may not apply to you. These terms do not affect the statutory rights of any consumer, or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of New Alpha Media.

11.1 You acknowledge and agree that, to the fullest extent permitted by any applicable law, New Alpha Media and its owners, are in no way liable for any damages, or loss of income in relation to using the Service and the Games.

11.2 You agree to indemnify, defend and hold New Alpha Media harmless from any claim, demand, damages or other losses, including attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of this Agreement, any Game-specific Terms of Use or Game EULA, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior. Furthermore, you agree that these provisions survive any termination of your Account or of the Service.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, AND YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, WITH NO WARRANTIES PROVIDED BY NEW ALPHA MEDIA OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. NEW ALPHA MEDIA MAKES NO WARRANTY THAT THE SERVICE WILL BE PROVIDED UNINTERRUPTED, FREE OF ERRORS OR THAT DEFECTS WILL BE CORRECTED. NEW ALPHA MEDIA MAKES NO WARRANTY THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Australia.

14. Attorneys' Fees

In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

15. Export Controls

The Game(s), files, programs, and any and all computer code contained or utilized by the Service may not be downloaded, re-exported or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Commerce Department's Denied Persons List or Entity List. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. Assignment

As long as the assignment of this Agreement does not reduce your rights, New Alpha Media reserves the right to assign this Agreement in whole, or in part, to any person or entity at any time, with, or without your consent. Any unauthorized assignment or assignment of this Agreement by you, without New Alpha Media's express written consent shall be null and void.

17. Severability

If any part of this Agreement is determined to be illegal or unenforceable in any given jurisdiction, then that part of this Agreement shall be severed, and the remainder of the Agreement shall be given full force and effect. If a conflict exists between a non-English version, or translated version of this Agreement, then the English version of this Agreement will take precedence. Translations of this Agreement are provided for information purposes only.

18. No Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from subsequently enforcing that provision of any other provision of this Agreement. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

19. Entire Agreement

This Agreement, including the agreements or documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, written or oral, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with, and shall not supersede, Game-specific Terms of Use and Game EULAs.

20. Equitable Remedies

You hereby agree that New Alpha Media would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, proof of damages, or other security, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

21. Force Majeure

New Alpha Media is not liable for any delay or failure to perform resulting from causes outside the reasonable control of New Alpha Media, including without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil, legal or military authorities, fire, floods, accidents, shortage of transportation, energy, labor, or materials.

BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE A LEGAL ADULT, THAT YOU MEET ALL OTHER ELIGIBILITY REQUIREMENTS, AND THAT YOU ARE FULLY ABLE AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT. FURTHERMORE, YOU AGREE THAT YOU UNDERSTAND AND ACKNOWLEDGE OUR PRIVACY POLICY LOCATED AT https://www.newalphamedia.com/privacy/