Play Marbles

1. Your Acceptance

1.1 By visiting and/or using this website (including all content and functionality available through the playmarbles.co.uk domain name, the ‘Play Marbles Website’, or ‘Website’), you signify your agreement to (1) these Terms of Service, (2) the Play Marbles Privacy Notice, found on the Play Marbles Website and incorporated here by reference, and (3) the Play Marbles Community Guidelines, found on the Play Marbles Website and also incorporated here by reference. If you do not agree to any of these terms, the Play Marbles Privacy Notice, or the Play Marbles Community Guidelines, please do not use the Play Marbles Website.

1.2 We may attempt to notify you of major changes made to our Terms of Service, however, we advise you to regularly review the current version. At our discretion, we may revise or modify these Terms of Service and policies at any time, and you agree to be bound by such revisions or modifications. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Play Marbles Website

2.1 Play Marbles is a wholly owned subsidiary of Darkside Entertainment Limited.

2.2 These Terms of Service apply to all users of the Play Marbles Website, including contributors of art, information, and other materials or services on the Website. The Play Marbles Website includes all aspects of Play Marbles, including but not limited to all products, software and services offered via the website.

2.3 The Play Marbles Website may contain links to 3rd party websites that are neither owned nor controlled by Darkside Entertainment Limited. As such, we assume no responsibility for the content, policies, or practices of any 3rd party website. In addition, we cannot and will not edit or censor the content of any 3rd party site. By using the Play Marbles Website, you expressly relieve Darkside Entertainment Limited from any and all liability arising from your use of any 3rd party website.

2.4 Accordingly, we suggest that you read the Terms of Service and Privacy Policy of any website that you visit when you leave the Play Marbles Website.

3. User Accounts

3.1 Some features of the Website require that you create a Play Marbles account. At no time may you use another’s account without permission. When creating your account, it is your responsibility to provide accurate and complete information. Keep your account password secure; you are solely responsible for any activity that occurs on your account. You must immediately notify Darkside Entertainment Limited of any unauthorized use or breach of security of your account.

3.2 Although Darkside Entertainment Limited will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Darkside Entertainment Limited or others due to such unauthorized use.

4. Permissions and Restrictions of Website Use

Darkside Entertainment Limited hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that you agree:

4.1 to not distribute any part of the Website in any medium, including but not limited to User Submissions (as defined in these Terms of Service), without prior written authorisation from Darkside Entertainment Limited.

4.2 to not alter or modify any part of the Website.

4.3 to not access User Submissions (as defined in these Terms of Service) or Play Marbles content through any technology or means other than the pages of the Website itself, or other explicitly authorised means Darkside Entertainment Limited may designate.

4.4 to not use the Website for any commercial use, without prior written authorisation from Darkside Entertainment Limited.

Prohibited commercial uses include:

4.4.1 sale of access to the Website or its related services on another website;

4.4.2 use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;

4.4.3 the sale of advertising, on the Play Marbles Website or any 3rd party website, targeted to the content of specific User Submissions or Play Marbles content;

4.4.4 and any use of the Website or any related services that Darkside Entertainment Limited, in its sole discretion, finds to use Play Marbles resources or User Submissions with the effect of competing with or displacing the market for Play Marbles, Play Marbles content, or it’s User Submissions.

Prohibited commercial uses do not include:

4.4.5 uploading an image to Play Marbles to promote your business or artistic enterprise;

4.4.6 any use that Darkside Entertainment Limited expressly authorises in writing.

4.5 to not use or launch any automated system, including without limitation ’spiders’, ‘offline readers’ or ‘robots’, that accesses the Website in a manner that sends more request messages to the Darkside Entertainment Limited servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Darkside Entertainment Limited grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Darkside Entertainment Limited reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

4.6 In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, Play Marbles Community Guidelines, and all applicable local, national, and international laws and regulations.

4.7 Darkside Entertainment Limited reserves the right to discontinue any aspect of the Play Marbles Website at any time.

5. Use of Website Content

In addition to the permissions and restrictions above, the following conditions and restrictions specifically apply to your use of any Play Marbles Website content.

5.1 With the exception of all User Submissions (as defined in these Terms of Service), all Play Marbles Website content, including without limitation, the photos, graphics, videos, music, sounds, software, interactive features, scripts, text and the like (’Content’) and the logos, service marks, trademarks (’Marks’), are owned by or licensed by Darkside Entertainment Limited subject to copyright and other intellectual property rights under law. Website content may not be downloaded, reproduced, distributed, transmitted, displayed, licensed, sold or exploited in any way whatsoever for any other purpose without the prior written consent of the respective owners. All rights not expressly granted in and to the Website and the Content and reserved by Darkside Entertainment Limited.

5.2 User Submissions may be solely accessed:

5.2.1 as intended through the normal functionality of the Play Marbles Service;

5.2.2 for your personal use and information;

5.3 User Comments are solely for your personal use and information as intended through the normal functionality of the Play Marbles Service. User Comments may not be downloaded, reproduced, distributed, transmitted, displayed, licensed, sold or exploited in any manner not intended by the normal functionality of the Play Marbles Service or otherwise as prohibited under this Agreement.

5.4 Darkside Entertainment Limited reserves all rights not expressly granted in and to the Play Marbles Content and the Play Marbles Service. Access to User Submissions, Play Marbles Content and other content is permitted only as listed under this Agreement.

5.5 When using the Play Marbles Website, you will be exposed to User Submissions from a variety of sources, and you understand and acknowledge that Darkside Entertainment Limited is not responsible for the accuracy, safety, or intellectual property rights of or relating to such User Submissions. As such, you understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Darkside Entertainment Limited with respect thereto, and agree to indemnify and hold Darkside Entertainment Limited, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. User Submissions and Conduct

6.1 As a Play Marbles account holder you may submit ‘User Submissions’. User Submissions collectively relates to textual content (’User Comments’) and image content (’User art’). Whether or not such User Submissions are published, you understand that Darkside Entertainment Limited does not guarantee any confidentiality with respect to any User Submissions.

6.2 You shall be solely responsible for the consequences of posting or publishing your own User Submissions, and as such, you affirm that you own or have the necessary consents, permissions to use, rights and licenses, and authorise Darkside Entertainment Limited to use all trademark, trade secret, copyright, patent or other proprietary rights in User Submissions to allow inclusion of the User Submissions as required by the Website and these Terms of Service.

6.3 You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Play Marbles website, you hereby grant Darkside Entertainment Limited a royalty-free, non-exclusive, sub-licensable and transferable worldwide, license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Play Marbles Website and Darkside Entertainment Limited ’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Play Marbles Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Play Marbles Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User arts terminate within a commercially reasonable time after you remove or delete your User arts from the Play Marbles Website. You understand and agree, however, that Darkside Entertainment Limited may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

6.4 You agree that you will not submit User Submissions that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Darkside Entertainment Limited all of the license rights granted herein.

6.5 You agree that you will not submit material that is contrary to applicable local, national, and international laws and regulations, or contrary to the Play Marbles Community Guidelines, found on the Play Marbles Website, which may be updated from time to time.

6.6 Darkside Entertainment Limited does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Darkside Entertainment Limited expressly disclaims any and all liability in connection with User Submissions. Darkside Entertainment Limited does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Darkside Entertainment Limited will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Darkside Entertainment Limited reserves the right to remove Content and User Submissions without prior notice.

6.7 Your art submissions must be your own original creations and you may only use resources which are considered legitimate and legal. Submissions which make use of works without proper permission or licensing by the original author will be removed as they come to the attention of the staff.

6.8 No relationship between you and Darkside Entertainment Ltd.

YOUR PARTICIPATION IN CREATING ART FOR THIS SITE IS PURELY VOLUNTARY. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RECEIVE ANY COMPENSATION OF ANY KIND FROM DARKSIDE ENTERTAINMENT LIMITED, ITS AFFILIATES AND/OR PARTNERS FOR YOUR ART. NOTHING IN THIS POLICY WILL CREATE ANY CONTRACTOR, PARTNERSHIP, JOINT VENTURE, FRANCHISE, EMPLOYMENT OR SIMILAR RELATIONSHIP BETWEEN YOU AND DARKSIDE ENTERTAINMENT LIMITED. YOU ACKNOWLEDGE THAT YOU MAY STOP PROVIDING CONTENT FOR THIS SITE AND MAY STOP SUBMITTING ART AT ANY TIME THAT YOU DESIRE.

7. Account Termination Policy

7.1 If determined to be a repeat infringer, a User’s access to the Website will be terminated by the Darkside Entertainment Limited.

7.2 Darkside Entertainment Limited reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service. For violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, Darkside Entertainment Limited may remove such User Submissions and/or terminate a User’s access for uploading such material, without prior notice and at its sole discretion.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE PLAY MARBLES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DARKSIDE ENTERTAINMENT LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DARKSIDE ENTERTAINMENT LIMITED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

8.1.1 ERRORS, MISTAKES, OR INACCURACIES OF CONTENT

8.1.2 PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE

8.1.3 ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN

8.1.4 ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE

8.1.5 ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLAY MARBLES WEBSITE. DARKSIDE ENTERTAINMENT LIMITED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLAY MARBLES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DARKSIDE ENTERTAINMENT LIMITED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

IN NO EVENT SHALL DARKSIDE ENTERTAINMENT LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

9.1.1 ERRORS, MISTAKES, OR INACCURACIES OF CONTENT

9.1.2 PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE

9.1.3 ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN

9.1.4 ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE

9.1.5 ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLAY MARBLES WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS 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.

YOU SPECIFICALLY ACKNOWLEDGE THAT DARKSIDE ENTERTAINMENT LIMITED d SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Darkside Entertainment Limited from its facilities in the United Kingdom. Darkside Entertainment Limited makes no representations that the Play Marbles Website is appropriate or available for use in other locations. Those who access or use the Play Marbles Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You hereby agree to indemnify, defend, and hold harmless Darkside Entertainment Limited, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

10.1 your use of and access to the Play Marbles Website;

10.2 your violation of any term of these Terms of Service;

10.3your violation of any third party right, including without limitation any copyright, property, or privacy right;

10.4 any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Play Marbles Website.

11. Ability to Accept Terms of Service

You affirm that you are either more than 14 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 14, as the Play Marbles Website is not intended for children under 14. If you are under 14 years of age, then please do not use the Play Marbles Website.

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Darkside Entertainment Limited without restriction.

13. General

You agree that

13.1 the Play Marbles Website shall be deemed solely based in the United Kingdom; and

13.2 the Play Marbles Website shall be deemed a passive website that does not give rise to personal jurisdiction over Darkside Entertainment Limited, either specific or general, in jurisdictions other than the United Kingdom. These Terms of Service shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and Darkside Entertainment Limited that arises in whole or in part from the Play Marbles Website shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom. These Terms of Service, together with the Privacy Notice on the Play Marbles Website and any other legal notices published by Darkside Entertainment Limited on the Website, shall constitute the entire agreement between you and Darkside Entertainment Limited concerning the Play Marbles Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Darkside Entertainment Limited's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Darkside Entertainment Limited reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Play Marbles Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Darkside Entertainment Limited AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Play Marbles WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.