Dotplay Terms of Service

Last Updated: August 27, 2024

1. Introduction and Acceptance

Welcome to DOTPLAY, INC ("dotplay," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and dotplay, governing your access to and use of the dotplay platform, games, and related services (collectively, the "Services"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Services.


2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old. If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. Misrepresentation of your age or failure to obtain necessary consent may result in the immediate suspension or termination of your account and potential legal action.


3. Account Registration

3.1 User Account

To access certain features of the Services, you may be required to register an account. You agree to provide accurate, current, and complete information during the registration process and to keep this information up to date. Failure to do so may result in the suspension or termination of your account.

3.2 Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. dotplay is not liable for any loss or damage arising from your failure to safeguard your account credentials or any unauthorized access to your account.


4. Privacy Policy

Your privacy is of utmost importance to us. Our Privacy Policy explains how we collect, use, and protect your personal information when you use our Services. By using the Services, you consent to the collection and use of your information as outlined in our Privacy Policy.


5. User Conduct and Restrictions

You agree not to engage in any of the following prohibited activities:

a) Distribution or Transfer: Selling, leasing, sublicensing, or otherwise distributing access to the Services to any third party. b) Unauthorized Access: Attempting to gain unauthorized access to the Services, any related systems, or networks. c) Reverse Engineering: Decompiling, disassembling, or reverse engineering any part of the Services. d) Automated Access: Using bots, scrapers, or any other automated means to access the Services, except as expressly permitted by us. e) Overload: Imposing an unreasonable or disproportionately large load on our infrastructure, including our servers, bandwidth, or other systems. f) Malware: Uploading, transmitting, or distributing harmful software, including viruses, worms, or Trojan horses. g) Competition: Using the Services to develop, support, or enhance a competing product or service. h) Illegal Activity: Using the Services for any unlawful, fraudulent, or harmful purpose. i) Misconduct: Engaging in any conduct that restricts or inhibits another user's enjoyment of the Services or that could harm dotplay, its users, or expose them to liability.


6. Intellectual Property Rights

6.1 Ownership

All intellectual property rights in the Services, including content, software, and trademarks, are owned by dotplay or its licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use, subject to your compliance with these Terms.

6.2 Feedback

By submitting any suggestions, ideas, or feedback ("Feedback") to dotplay, you grant us a perpetual, worldwide, irrevocable, royalty-free, and transferable license to use, modify, distribute, and incorporate such Feedback into our Services without any obligation to you, financial or otherwise.

6.3 User-Generated Content

You retain ownership of any content you create or upload to the Services ("User Content"). By submitting User Content, you grant dotplay a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Services.


7. Limitation of Liability and Disclaimer

7.1 Disclaimer

The Services are provided on an "as is" and "as available" basis, without any warranties, express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. dotplay does not guarantee that the Services will be uninterrupted, error-free, or secure.

7.2 Limitation

To the maximum extent permitted by law, dotplay and its affiliates shall not be liable for any indirect, incidental, punitive, special, or consequential damages, or any loss of profits, revenue, data, or use, arising out of or in connection with your use or inability to use the Services, even if dotplay has been advised of the possibility of such damages.

7.3 Aggregate Liability

In no event shall dotplay's total liability to you for all claims arising from or related to the use of the Services exceed the greater of $100 or the amount you have paid dotplay in the last twelve months.


8. Indemnification

You agree to indemnify, defend, and hold harmless dotplay, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any third-party rights.


9. GDPR Compliance

For users located in the European Union (EU), dotplay complies with the General Data Protection Regulation (GDPR). Please review our Privacy Policy for detailed information on how we process personal data, the legal bases for processing, and your rights under GDPR.


10. Arbitration and Class Action Waiver

10.1 Arbitration Agreement

By agreeing to these Terms, you agree that any dispute arising from or relating to these Terms or your use of the Services shall be resolved through binding arbitration, rather than in court, except as expressly provided below. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules.

10.2 Class Action Waiver

All claims must be brought on an individual basis, and you agree not to bring any claim as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.

10.3 Exception for EU Users

If you are a user in the European Union, the Arbitration and Class Action Waiver sections do not apply to you. You may have the right to pursue claims in your local courts under applicable consumer protection laws.


11. DMCA Notice and Takedown Procedure

If you believe that content available on or through our Services infringes your copyright(s), please provide a written notice to our designated copyright agent at [email address], including the information required under 17 U.S.C. § 512(c)(3). dotplay will respond expeditiously to remove or disable access to the infringing content.


12. Amendments

dotplay reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website or through the Services. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms regularly to stay informed of any updates.


13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This choice of law shall not deprive EU users of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country where you have your habitual residence.


14. Miscellaneous

14.1 Relationship

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and dotplay. You are an independent user, and these Terms do not grant you any authority to bind dotplay in any way.

14.2 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without prior written consent from dotplay. Any attempted assignment in violation of this provision shall be null and void. dotplay may freely assign these Terms and its rights and obligations hereunder without restriction.

14.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

14.4 Entire Agreement

These Terms, along with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and dotplay regarding your use of the Services and supersede all prior agreements or understandings, whether written or oral, relating to the subject matter herein.

14.5 Force Majeure

dotplay shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, governmental actions, natural disasters, strikes, or network failures.


15. Contact Us

If you have any questions, comments, or concerns about these Terms or the Services, please contact us at:

Email: mstigmz@gmail.com