AirPlay Network Terms of Service

Message Board | Affinity Points | Copyright/DMCA Notice

Welcome to AirPlay Network! The services and content available at www.airplay.com and all linked pages ("AirPlay Network Site") owned or operated by AirPlay Network, Inc., a Delaware corporation ("AirPlay Network", "us" or "we"), and our mobile gaming applications ("AirPlay Network Games") may be accessed by you only subject to the Terms of Service described below ("Terms of Service").

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE AIRPLAY NETWORK SITE OR GAMES. BY ACCESSING THE AIRPLAY NETWORK SITE OR GAMES OR USING ANY PART OF THE SITE OR GAMES, YOU AGREE TO BECOME BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICES, THEN YOU MAY NOT ACCESS THE AIRPLAY NETWORK SITE OR GAMES (AS APPLICABLE). AIRPLAY NETWORK'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER BY AIRPLAY NETWORK, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Modifications to Terms of Service

We reserve the right, at our sole discretion, to modify or replace the Terms of Service (including any part thereof) at any time. If the alterations constitute a material change to the Terms of Service, we will endeavor to notify you via email. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for regularly reviewing these terms and becoming familiar with any such modifications. Your use of the AirPlay Network Site or Games following any modification (and, if material, the applicable notification) constitutes your acceptance of the terms and conditions of the Terms of Service as modified. There may be additional terms and conditions if you use affiliate services, other AirPlay Network services or products, or third-party software and/or services.

Description of AirPlay Network Site and Games

The AirPlay Network Site and Games may include, without limitation, text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips. We may change, suspend or discontinue the AirPlay Network Site or Games (including any part thereof) for any reason, at any time, including the availability of any feature or part of the available content. We may also impose limits on certain features and services or restrict your access to parts or all of the AirPlay Network Site or Games without notice or liability.

All materials contained on the AirPlay Network Site and Games, including without limitation text, graphics, icons, images and software, are the property of AirPlay Network or its content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of AirPlay Network. You may not alter or remove any trademark, copyright, patent or other notice from copies of content.

AirPlay Network respects copyright law and expects our account holders to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders' rights. AirPlay Network may terminate the account of any user who AirPlay Network believes, in its sole discretion, has infringed upon the copyright or other intellectual property right of others. You may review our copyright notice.

AirPlay Network and all other AirPlay Network logos and trade names are trademarks or registered trademarks of AirPlay Network. All trademarks used on the AirPlay Network Site are the property of their respective owners.

Advertising Acknowledgement

You acknowledge and agree that AirPlay Network may include advertisements on the AirPlay Network Site and within the AirPlay Network Game end user experience. These advertisements may include banner ads and promotions on the AirPlay Network Site, as well as sponsor logos, interstitial ads and interactive ads within the AirPlay Network Games as determined in AirPlay Network's sole discretion.

Your Registration Obligations

As a condition to using some or all of the AirPlay Network Site and Games, you are required to register with AirPlay Network and select a password and screen name ("AirPlay Network Member ID"). You shall provide AirPlay Network with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your AirPlay Network account. You may not (i) select or use as an AirPlay Network Member ID a name of another person with the intent to impersonate that person; (ii) use as an AirPlay Network Member ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an AirPlay Network Member ID a name that is otherwise offensive, vulgar or obscene. AirPlay Network reserves the right to refuse registration of, or cancel an AirPlay Network Member ID in its sole discretion. You shall be responsible for maintaining the confidentiality of your AirPlay Network password.

To register and receive services (including access to the AirPlay Network Games and portions of the AirPlay Network Site) you must be at least 18 years old, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. If you are not 18 years old but you are at least 13 years old, you may still receive services, but only if your account was created and registered by your parent or guardian. Further, you may only become a registered user if you live in a country or other political division that permits membership. If you do not so qualify, do not attempt to register for or use the services. This Agreement will be void and without effect, and you will not be entitled to any services, if you do not satisfy these age and jurisdiction requirements.

Your Use of the AirPlay Network Site and Games

You agree that you will not use any robot, spider, other automatic device, or any manual process to monitor, copy, modify, distribute, or publish any web pages within the AirPlay Network Site or the content contained thereon without our prior written consent. You also agree that you will not frame any portion of the AirPlay Network Site without our prior written consent.

Your use of and access to the AirPlay Network Site and Games are subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations in your use of and access to the AirPlay Network Site and Games. In addition, you agree that:

1. you will not interfere with another member's use and enjoyment of AirPlay Network;
2. you will not interfere with or disrupt AirPlay Networks' security measures;
3. you will not interfere with or disrupt networks connected to AirPlay Network and will comply with all regulations, policies and procedures of such networks; and
4. you will comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of your dealings with AirPlay Network.

Indemnification of AirPlay Network

You agree to indemnify and hold AirPlay Network, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors harmless from any loss, liability, damages and expenses (including without limitation reasonable attorneys' fees) resulting from any claim or demand made by any third party arising out of or in connection with your use of the AirPlay Network Site and Games, your violation of these Terms of Service, or your violation of the rights of any third party.

Termination

We may terminate or suspend any AirPlay Network account immediately, without prior notice or liability, if you (1) breach any of the terms or conditions of the Terms of Service, or (2) engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of AirPlay Network, any AirPlay Network user, or any third party. Upon termination of your account, your right to access and use the AirPlay Network Site and Games will immediately cease. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity obligations and limitations of liability.

If your account is terminated, we may, but are not required to, remove some or all of your content from our servers.

If you want to stop receiving email or text message communications from AirPlay Network (but not terminate your account) you can a) send a text message to 752988 with the word "STOP" to stop text messages or b) deselect these options in your My AirPlay preferences at http://www.airplay.com.

Reservation of Rights; Restrictions

All rights not expressly granted to you by AirPlay Network in this Agreement are reserved. You understand and agree that (i) any software provided to you in connection with the AirPlay Network is licensed to you and not sold, not withstanding the use of words such as "buy," "purchase," "sell," and the like; and (ii) AirPlay Network and its licensors retain title to the AirPlay Network Site and Games (and all modifications, improvements and derivatives thereof) and all associated copyrights, trademarks, and other intellectual property rights therein.

AirPlay Network Subscription and Limited Games License

Subject to your compliance with all the terms and conditions of the Terms of Service, and your timely payment of all applicable fees, AirPlay Network grants you a personal, non-sublicensable, non-transferable, non-exclusive license to download, install and use AirPlay Network Games: (i) solely on the mobile communication device specified by you at the time of delivery (the "Designated Device"); (ii) solely via the mobile communications carrier specified by you at the time of delivery (the "Carrier"); and (iii) solely for your personal noncommercial use only (the "License").

If the AirPlay Network Game was provided to you on a no-charge basis, then your License is effective only during the trial period specified at the time of delivery, unless you purchase a full-use license or a subscription at the end of the trial period.

If the AirPlay Network Game was provided to you as part of a subscription service ("Subscription"): (1) the License is effective only during the period you remain a subscriber to such AirPlay Network service and your Subscription is in good standing; (2) AirPlay Network reserves the right to change its Subscription catalog offerings at any time without notice; and (3) you can only access AirPlay Network Games then-available in the AirPlay Network Subscription catalog. FOR THE AVOIDANCE OF DOUBT, YOU WILL NOT BE ABLE TO ACCESS AIRPLAY NETWORK GAME(S) YOU HAVE DOWNLOADED AS PART OF YOUR SUBSCRIPTION IF SUCH AIRPLAY NETWORK GAME IS NO LONGER AVAILABLE IN AIRPLAY NETWORK'S THEN CURRENT GAME SUBSCRIPTION CATALOG.

Your Subscription will continue and renew automatically (and you will be billed accordingly) unless terminated or cancelled by you in accordance with the procedures outlined on the AirPlay Network website or in the Carrier's applicable policies.

AirPlay Network may suspend or terminate your Subscription and access to the AirPlay Network Games immediately if AirPlay Network determines (in its sole discretion) that you are in violation of the Terms of Services. If your Subscription is suspended or terminated pursuant to this paragraph, you will not receive any refund of any subscription fees previously charged to your account.

Carrier; Fees and Billing

You agree to pay the applicable charges for your use of the AirPlay Network Games specified at the time of delivery, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time of the delivery.

You understand that pricing for the AirPlay Network Games may vary based on your Carrier, Designed Device and other factors, such as your data plan with your Carrier. Your Carrier will bill you for all AirPlay Network purchases and subscriptions. Accordingly, all pricing, billing, refund and other related inquiries and support shall be directed to your Carrier's customer support team. Furthermore, you acknowledge and agree that except as otherwise set forth herein, all pricing and billing terms shall be determined by the terms of your agreement with your Carrier. For most transactions, taxes may apply and there may be some additional charges for the kilobytes used to deliver the AirPlay Network Games to your Designated Devices. Note that many of AirPlay Network's Games use network connections and transmit data over your carrier's wireless network. For this reason, an appropriate data plan is strongly recommended. Contact your wireless carrier for more information on their data plan offerings. Note that standard text messaging rates apply to text message communications.

Except as otherwise set forth in your agreement with your Carriers, payments for AirPlay Network Services are billed in advance at the beginning of the applicable month or at the beginning of the applicable subscription period if not monthly. ALL PAYMENTS HEREUNDER ARE COMPLETELY NON-REFUNDABLE. You may cancel the AirPlay Network Services at any time, but AirPlay Network will not be obligated to refund any remaining portion of your subscription fees already billed to your account.

AirPlay Network User Conduct

As a condition of use, you promise not to use the AirPlay Network Site or Games for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by AirPlay Network.

By way of example, and not as a limitation, you agree not to use the AirPlay Network Site or Games:

(a) to abuse, harass, threaten, impersonate or intimidate other AirPlay Network users;

(b) to contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;

(c) for any illegal or unauthorized purpose (if you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content);

(d) to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any AirPlay Network user;

(e) to, except as expressly permitted by AirPlay Network, copy, modify, distribute, adapt or hack the Site, Games or any Content or to modify another website so as to falsely imply that it is associated with the Site;

(f) to create or submit unwanted email or SMS messages ("Spam") to any other AirPlay Network user or any URL;

(g) to violate any laws in your jurisdiction (including but not limited to copyright laws);

(h) to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;

(i) to create separate user accounts with the intention of artificially inflating the "AirPlay Network count", blog count, comments, or any other AirPlay Network metric or service;

(j) after AirPlay Network has refused registration of, or canceled your AirPlay Network Member ID, whether by attempting to register using a different AirPlay Network Member ID or otherwise circumventing the account registration process;

(k) to create an AirPlay Network Member ID using "bots" or any other automated process, or to register an AirPlay Network Member ID with the intention of preventing others from registering such AirPlay Network Member ID;

(l) to violate any traditionally accepted rules governing contact between adults and minors (anyone under 18), including respect for privacy and restraints on language and behavior. Traditionally accepted rules prohibit improper overtures, sexually suggestive activity and prying questions in contact between adults and minors;

(m) to impersonate any other person including, but not limited to, any AirPlay Network employee or other user of the Airplay Network Site or Games, or to otherwise falsely claim to be authorized to act by or on behalf of AirPlay Network or other users of the Site or Games (e.g. an AirPlay Network Game Master); or

(n) to create or distribute software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware.

You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of (or any content available through) the AirPlay Network Site or Games (except to the limited extent applicable laws specifically prohibit such restriction); or rent, lease, or otherwise transfer any of the rights that you receive hereunder.

Copyright Complaints

AirPlay Network respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow AirPlay Network's Notice and Procedure for Making Claims of Copyright Infringement, available at http://www.airplay.com.

Warranty Disclaimers

Third Party Content. Much of the content displayed in connection with the AirPlay Network Site and Games is developed by people over whom AirPlay Network exercises no control. Accordingly, the AirPlay Network Site and Games may include (or direct you to sites containing) content that some people find objectionable, inappropriate, or offensive. AirPlay Network cannot guarantee that your use of the AirPlay Network Site and Games will not expose you to unintended or objectionable content and AirPlay Network assumes no responsibility for what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of having been exposed to the content. You hereby release AirPlay Network from all liability for you having acquired or not acquired content through the AirPlay Network Site and Games. AirPlay Network makes no representations concerning any content contained in or accessed through the AirPlay Network Site and Games, and AirPlay Network will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the AirPlay Network Site and Games.

GENERAL DISCLAIMER. THE AIRPLAY NETWORK GAMES, SITE, AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links

The AirPlay Network Site and Games may provide, or third parties may provide, links to other World Wide Web sites or other resources. Because AirPlay Network has no control over such sites and resources, you acknowledge and agree that AirPlay Network is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AirPlay Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Limitation of Liability

IN NO EVENT SHALL AIRPLAY NETWORK OR ITS SUPPLIERS OR LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE AIRPLAY NETWORK SITE, GAMES, SERVICES OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind AirPlay Network in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. AirPlay Network shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AirPlay Network's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sublicensable by you except with AirPlay Network's prior written consent. AirPlay Network may transfer, assign or delegate the Terms of Service and its rights and obligations without consent. The Terms of Service shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting AirPlay Network's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS/ENDISPUTE. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS/ENDISPUTE, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco, California using the English language and pursuant to the rules of (and administered by) JAMS/DISPUTE. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service and that all modifications, except as otherwise provided herein, must be in a writing signed by both parties.

Additional Terms

The following policies are part of these Terms of Service, are incorporated herein by reference, and provide additional terms and conditions related to specific services offered as part of the AirPlay Network Site and Games:

• Message Board Usage Policy
• Affinity Points Policy
• Copyright/DMCA Notice
• Privacy Policy

You may find additional help and support by:

• Visiting http://airplay.custhelp.com
• Emailing us at support@airplay.com

Message Board Terms of Services

These Message Board Terms of Service ("Message Board Terms") are a part of (and do not in any way limit AirPlay Network's rights or your obligations under) AirPlay Network's General Terms of Service, available at http://www.airplay.com/tos, and provide additional terms and conditions regarding your use of the AirPlay Network Community Forum (referred to herein as "Community Forum" or "Message Boards"). These Message Board Terms describe the proper kinds of conduct and prohibited uses of the AirPlay Network Community Forum.

Permissible Uses

AirPlay Network believes that the Community Forum is a valuable place for AirPlay Network customers to exchange information and learn from one another. Like any community, the Community Forum is most valuable when everyone follows certain basic guidelines and rules of conduct. The Message Board Terms sets forth these Rules and Guidelines so that you know what is expected of you and what you can expect from other participants when using the Community Forum.

At AirPlay Network, we want the Community Forum to be appropriate, friendly, informative, and fun for all of our users. We want our users to utilize the Community Forum only to answer questions, correct problems, and learn more about AirPlay Network products and services. If everyone follows the Message Board Terms, then the Community Forum will remain a fun and informative community.

The AirPlay Network Community Forum is an English language forum geared towards users of AirPlay Network products and services that were purchased in the U.S. for use in the U.S. Use of the Community Forum is governed by U.S. law. Although AirPlay Network customers from other countries are welcome to use it subject to all applicable laws, AirPlay Network Community Forum moderators ("Moderators") are not trained to assist these customers, and the advice on the Community Forum is not intended for their use, and thus may not be helpful or relevant to such customers.

Registration

You are not obligated to register in order to access the Community Forum and read the message boards. However, registration (via standard registration that may include provision of a valid email address, AirPlay Member ID and password, mobile number, wireless carrier, phone model, date of birth, and/or zip code) and login are required in order to post to the message boards and adjust user settings. AirPlay Network will handle all information received from you in accordance with AirPlay Network's Privacy Policy (available at http://www.airplay.com/privacy).

AirPlay Network Community Forum Moderators

AirPlay Network provides Moderators for the Community Forum who may provide answers to some questions. Only the Moderators are authorized representatives of AirPlay Network on the Community Forum. AirPlay Network employees who are not assigned as Moderators are not authorized to represent themselves on the Community Forum as AirPlay Network employees, and do not provide official AirPlay Network responses to questions. AirPlay Network is not responsible for content provided by any AirPlay Network employee who is not designated as a Moderator.

Although the Community Forum is moderated by AirPlay Network employees; it is intended only as a way for visitors to get answers from other visitors, and not to get answers from AirPlay Network. The Community Forum is not a substitute for contacting AirPlay Network support. If you need to contact AirPlay Network support, please do so via visiting the support section of the AirPlay website. U.S. customers can contact AirPlay Network Support by starting at: http://airplay.custhelp.com

Community Forum Links

The AirPlay Network Community Forum permits users to post hypertext links to content hosted and maintained by third parties. Although linked sites are not generally reviewed by Moderators, links are subject to treatment like any other type of content posted to the Community Forum. You may not include a link in the Community Forum that directs users to any content or information that, if posted in the Community Forum, would constitute a violation of Terms of Service.

Enforcement

AirPlay Network has absolute discretion to enforce the Terms of Service, including, but not limited to warning users of violations, disabling or suspending private message privileges and/ or Community Forum access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Message Board Terms, including the Rules of Conduct, or which is otherwise inappropriate for this forum, harmful, objectionable, or inaccurate. If it is deemed necessary to delete content for violation of the Message Board Terms, the entire thread, including the original post and all replies, may be deleted. Moderators generally will not edit users' posts to remove content; however, at their sole discretion, they may request that a user edit a post to delete the objectionable content and resubmit it.

To report violations of the Message Board Terms, please write to the Community Forum Administrator at AirPlay forums@airplay.com. Please include the message board name, the post's subject, the post author screen name, the link of the post in question and any other applicable information in your email.

Additional Guidelines

These Guidelines are intended to set the Community Forum's tone and visitor expectations, in order to improve the Community Forum experience.

Do not reveal information that you do not want to make public. Any personal information that you post can be obtained and used by others. Anything you post in the Community Forum, you post at your own risk.

You use the Community Forum at your own risk. In any online forum like AirPlay Network's Community Forum, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.

Please refrain from posting where you do not know the answer. Incorrect, misleading or incomplete responses do not help other users. Please feel free to respond to any post where you know the answer. Community Forum users have come to trust that they will get good answers. Please help build and maintain that trust.

Moderators do not respond to every post. The Community Forum is a place for users to help users. Moderators will review the message boards, and respond at their discretion. If you need to contact AirPlay Network support, please do so by phone or i-chat. You can contact AirPlay Network Support by starting at: http://airplay.custhelp.com.

Be respectful of other users. Some Community Forum users are new to computing and may not have extensive knowledge of computers and their use. Belittling or insulting remarks are not conducive to the creation of a strong online community.

Affinity Points Terms of Service

These Affinity Points Terms of Service ("Affinity Points Terms") are a part of (and do not in any way limit AirPlay Network's rights or your obligations under) AirPlay Network's General Terms of Service, available at http://www.airplay.com/tos, and provide additional terms and conditions regarding your use of the AirPlay Network Affinity Program ("The Program").

The Program is a Status Points program sponsored by AirPlay Network through which AirPlay Network users can earn points ("Status Points") by engaging in certain activities designated by AirPlay Network or by AirPlay Network's participating providers in The Program ("Providers").

Participation in The Program

To participate in The Program, Users must have created an account by completing registration on the AirPlay Network Site. Only one account per member is permitted. The personal information that is collected from you in connection with The Program will be used in accordance with the AirPlay Network Privacy Policy located at http://www.airplay.com/privacy.

AirPlay Network or its Providers will not be liable or responsible in any manner for any tax consequences which may result your participation in The Program. You are solely responsible for the payment of all taxes payable and benefits acquired as a result of your participation in The Program and earning, conversion, holding and/or use of Status Points and for all applicable filing and reporting obligations. You should consult with your tax advisors regarding the accumulation, conversion and use of Status Points.

Modification and Termination of the Program

AirPlay Network may add, modify or delete any of the Affinity Points Terms - including, but not limited to, the methods through which Status Points can be earned, how Status Points can be used, the value of Status Points, the identity of the Providers, the conversion rates between Status Points and points in Provider Programs, and the conditions under which Status Points may be forfeited - at any time, with or without notice, even though these changes may affect your ability to use the Status Points that he/she has already earned.

The Program has no predetermined termination date and may continue until such time as AirPlay Network decides to terminate the Program. AirPlay Network may terminate The Program at any time, without notice to Users.

Earning and Converting Status Points

You can earn Status Points by engaging in certain activities designated from time to time by AirPlay Network or its Providers. Check the Website and the websites of each Provider for more details. Status Points you earn will be deposited in your AirPlay Network account.

If and when available, please see the AirPlay Network Site and the websites of each Provider for instructions on how to convert Status Points into the points of any Provider Program or to convert the points of any Provider Program into Status Points. Conversion rates vary per Provider.

EACH PROVIDER PROGRAM IS SUBJECT TO ITS OWN TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS MAY ADDRESS, AMONG OTHER THINGS, WHO IS ELIGIBLE TO PARTICIPATE IN THE PROGRAM, HOW TO ENROLL IN THE PROGRAM, AND HOW POINTS MAY BE EARNED, USED, AND TRANSFERRED. YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF A PROVIDER PROGRAM BEFORE ATTEMPTING TO CONVERT STATUS POINTS INTO POINTS OF THAT PROVIDER PROGRAM, OR ATTEMPTING TO CONVERT POINTS OF THAT PROVIDER PROGRAM INTO STATUS POINTS. AIRPLAY NETWORK MAKES NO REPRESENTATION AS TO WHETHER ANY MEMBER IS ELIGIBLE TO PARTICIPATE IN ANY PROVIDER PROGRAM.  

Using Status Points

If you fail to comply with these Affinity Points Terms, or if your AirPlay Network account is suspended or is otherwise no longer in good standing, AirPlay Network may terminate your participation immediately without notice, and (in addition to other consequences) any all remaining Status Points in your account will be forfeited. No compensation will be provided. Forfeited points will not be reinstated if member should rejoin the Program at a later date.

General Terms and Conditions

ACCRUED STATUS POINTS DO NOT CONSTITUTE PROPERTY OF A MEMBER AND HAVE NO VALUE OUTSIDE OF THE PROGRAM. STATUS POINTS MAY BE REVOKED AT ANY TIME AS SET FORTH HEREIN. STATUS POINTS MAY BE NOT EXCHANGED FOR CASH, ASSIGNED, BARTERED, OR TRANSFERRED, EXCEPT AS SET FORTH HEREIN, AND ARE NOT TRANSFERABLE UPON DEATH, AS PART OF A DOMESTIC RELATIONS MATTER, OR OTHERWISE BY OPERATION OF LAW.

If you believes that your AirPlay Network account does not properly reflect Status Points earned from engaging in an activity sponsored by a Provider, you must contact that Provider to resolve the issue. If you believe that Status Points were not properly converted into points of any Provider Program, or that points of any Provider Program were not properly converted into Status Points, you must notify Customer Service (by contacting a customer support representative via http://airplay.custhelp.com) within seven (7) days of the day you earned the Status Points or attempted the conversion.

Providers may be added to or removed from The Program at any time with or without notice. In the event that a Provider is removed from The Program, you will still retain any Status Points remaining in your AirPlay Network account that were earned through that Provider.

AirPlay Network reserves the right to discontinue the membership of any member who uses The Program in a manner inconsistent with the Terms of Service. Discontinued membership may result in the loss of all earned Status Points, benefits, and privileges. In addition to discontinuance of Program membership, AirPlay Network will have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. Points obtained in a fraudulent manner will be removed from your account and your account will be terminated.

All questions or disputes regarding an individual's eligibility for the Program, the earning, use, or conversion of Status Points, or your compliance with these Affinity Points Terms will be resolved by AirPlay Network in its sole discretion.

Copyright/DMCA Notice

The AirPlay Network website makes available intellectual property, including HTML, text, audio, images, video, software, and other content ("Content"). By accessing AirPlay Network's website you expressly agree that: (a) the Content may be used solely for personal, noncommercial, and informational purposes; (b) the Content may not be modified; (c) copyright, trademark, and other proprietary notices must appear on all printouts; and (d) the Content may not be redistributed.

AirPlay Network has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of AirPlay Network's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

It is AirPlay Network's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that Content residing on or accessible through the AirPlay Network website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that AirPlay Network is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is AirPlay Network's policy:

1. to remove or disable access to the infringing Content;
2. to notify the Content provider, member or user that it has removed or disabled access to the Content; and
3. that repeat offenders will have the infringing Content removed from the system and that AirPlay Network will terminate such content provider's, member's or user's access to the service.

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which AirPlay Network is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, AirPlay Network may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 business days or more after receipt of the counter-notice, at AirPlay Network's discretion.

Please contact AirPlay Network's Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement:

Candy Gray

1 Rhode Island St

San Francisco, CA 94103

(415) 294-2210 (Tel)

(415) 294-2202 (Fax)

info@airplay.com