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Welcome to eplay!

www.eplay.com (the site) is an interactive online community that offers rich, interactive experience where everyone has the opportunity to voice their opinions. The Site is intended solely for entertainment purposes and contains gossip, rumors, speculation, opinions, personal views, assumptions and factual information.

Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and our Privacy Policy, incorporated herein by reference, govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and eplay.

YOU UNDERSTAND THAT BY CLICKING THE "CONTINUE" BUTTON, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.

1. Modification of the Site or Terms of Use

eplay reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Use without notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your eplay account. By continuing to access or use the Site and Services after eplay makes any such revision, you agree to be bound by the revised Terms of Use.

2. Content

Certain types of content are made available through the Site. "Content" as used in these Terms of Use means, collectively, the text, data, graphics, images, video files, made available through the Site.

3. Termination; Cancellation

We may terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any User Submissions.

4. Third Party Links

The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that eplay is not responsible or liable for the availability or accuracy of, and eplay does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

5. Intellectual Property Rights and Ownership

a. Content.

You may access and use the Site, Services and Content for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, and Content. eplay and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein.

6. Restrictions

You agree you will not do any of the following while using or accessing the Site or Services:

a. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content.

b. Use any meta tags or other hidden text or metadata utilizing a eplay name, trademark, URL or product name;

c. Upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," or any other form of solicitation;

d. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information;

e. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, or the technical delivery systems of eplay's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

f. Attempt to probe, scan or test the vulnerability of any eplay system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;

g. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;

h. Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by eplay or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.

i. Collect or store personal data about other users without their express permission;

j. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud;

k. Violate any applicable law, regulation, or ordinance; or

l. Use the Site or Services in any manner not permitted by this Agreement.

7. Copyrighted Materials: No Unauthorized Use

YOU SHALL NOT USE THE SITE OR ITS SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. eplay has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Eplay Members who infringe or are believed to be infringing the rights of copyright holders:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide eplay's Copyright Agent listed below with the following information required under 17 U.S.C. ? 512:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyright 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 the Site;

c. 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 eplay to locate the material;

d. Information reasonably sufficient to permit eplay to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;

e. A statement that the complaining party has 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

f. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

g. eplay's Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

Upon receipt of notice as described above, eplay will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site.

8. Disclaimer of Warranties

Your use of the Site, Services, and Content is at your sole discretion and risk. The Site, Services, and Content, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. EPLAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. eplay disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, and Content will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from eplay, shall create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

9. Limitation of Liability

IN NO EVENT SHALL EPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL EPLAY'S CUMULATIVE LIABILITY TO YOU EXCEED $100.

10. Indemnification

You agree to defend, indemnify, and hold eplay, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, and Content; (ii) your violation of these Terms of Use; or (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right.

11. General

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of eplay and any prohibited assignment will be null and void. eplay may assign these Terms of Use or any rights hereunder without your consent. The relationship of the parties under this Terms of Use is that of independent contractors, and this Terms of Use will not be construed to imply that either party is the agent, employee, or joint venturer of the other. This Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Terms of Use will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Terms of Use and the rules, restrictions and policies contained herein, and eplay's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and eplay. This Terms of Use together with the rules and policies of eplay constitutes the entire agreement between eplay and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by eplay via email (in each case to the address that you provide), (b) a posting on the Site, or (c) by you via email to info@eplay.com or to such other addresses as eplay may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

12. Feedback

Your feedback is welcome and encouraged. You may submit feedback by emailing us at info@eplay.com. You agree, however, that (i) by submitting unsolicited ideas to eplay or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to eplay or any of its employees or representatives automatically become the property of eplay. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to eplay together with all intellectual property rights therein.

If you have questions about these Terms of Use or about the Services, please contact eplay at info@eplay.com or by sending a written request to:

eplay LLC
3 Embarcadero Center Suite 1160
San Francisco, CA 94111

Email: info@eplay.com