This Agreement is a public offer. By requesting the access to any services governed, directly or inderictly, under this Agreement, the User is considered to have accepted the terms of this Agreement in full and have entered into a license agreement with the Administration on the terms of this offer, as well as, when appropriate, into a Server Lease agreement. If the User does not agree with any of the provisions of this Agreement, the User must not access or interact with the Service.
No claim based on a statement of lack of knowledge of the provisions of these Terms shall be accepted or considered.
1. DEFINITIONS
1.1. Service Administration (or Administration)
Loudplay AM LLC
Business location: 249, 58/20, Ulnetsi Str., 0069, YEREVAN, ARMENIA
Business registration number: 264.110.1344046
Tax ID: 01060315
1.2. Technology — a proprietary multi-modal real-time streaming protocol designed for accessing the Server with minimum latency of any media transmission and controls passthrough, developed and maintained by the Administration, including all software developed by the Administration to deliver, manage, rollout, monitor and maintain the protocol, underlying servers and services provided by means of the protocol or with aim to provide paid or unpaid access to the protocol.
1.3. Service — a provision of the Server to the User on conditional terms by means of the Technology.
1.4. Server — a powerful PC well tuned for gaming purposes located in the cloud.
1.5. Website — a public website available at https://loudplay.io/ ran and supported by the Administration.
1.6. User — an individual acquiring a limited, interruptable access to the Service and temporary license to use the Technology in accordance with terms of this Agreement.
1.7. Content — multimedia products, the results of intellectual activity in the form of computer programs, including computer games.
1.8. Remuneration — payment by the User for the provision by the Administration of a non-exclusive right to use the Service.
1.9. Service Platform — the Administration’s platform located on this website and containing technical capabilities for viewing, acquiring rights to use the Service.
1.10. Description — information available on the site of the Service and intended to familiarize the User with the properties of the Server (specification, data storage time, etc.).
1.11. User Terminal — various technical devices in the form of: a personal computer; a tablet computer; game manipulator / console or other equipment owned by the User or belonging to him on any other basis, allowing the use of the Service. To use the Service, the User Terminal must meet certain requirements that are specified in the Description (operating system, gamepad, Internet connection and channel width).
1.12. Account — User branch at the site of the Service, including User information, they reported on the Internet website of the Administration, in order to be able to use the Service (login, password) and information about acquired rights to use the Service and other information necessary or related to the use of the Service.
1.13. Video Stream is a sequence of frames of a certain format that create a linked image (video) that the user receives in response to his actions using the Service.
1.14. Content Download — saving Content to the Loudplay Server memory for its further use by the User.
1.15. Content Installation — launching the Distribution after Uploading it to the Loudplay Server in order to make it possible to use the Content on the User Terminal.
1.16. Distribution – a file or a set of files that make up the Content and are necessary for Installing Content on the User Terminal.
2. SUBJECT
2.1. The Administration grants the User the right (based on a simple non-exclusive license) to use the Loudplay cloud technology as part of the Service for its intended purpose, namely for the purpose of using Content on Administration Servers.
2.2. The administration does not impose restrictions on the type of Content downloaded and used by the User.
2.3. The user of the Service bears full responsibility for violation of the rights to use the Content on the Administration Server.
2.4. Using the Service is possible according to the subscription scheme - using the Service for a fixed Reward.
2.5. The administration reserves the right to use the Service independently and the right to issue non-exclusive licenses to other persons.
2.6. The administration reserves the right to limit the number of hours that the User has the right to use the Service for the paid time in a calendar month, if this does not contradict the essence of the tariff (for example, a tariff for several hours). Specific restrictions regarding specific tariff plans are set in the description of the tariff plan on the Service site.
2.7. The administration has the absolute right to change the number of hours in the limit for specific tariffs at any time without prior notice to Users. For the purposes of this clause, a calendar (paid) month is understood to mean a period of time from the first day of activation of the Subscription to the same date in the next calendar month (for multi-month subscriptions, every next month after the date of activation of the Subscription). The first period will be the time interval from the date of sending the notification of the User about the introduction of the restriction provided for in this clause to the end date of the paid Subscription (for multi-month subscriptions, the period of time from the date of sending the notification to the end of the next calendar month from the date of activation of the Subscription).
2.8. All notifications and messages about the Service that are not listed on the main site loudplay.ru are only informative and the Administration is not responsible for the accuracy of this information.
2.9. The administration reserves the right to change and/or Supplement this Agreement at any time at its own discretion. The administration will publish changes to the Agreement on the current page. Further use of the Service resources by the user after any changes to the Agreement means that the User accepts such changes/additions.
2.10. The latest version of the Agreement replaces all previous agreements between the Administration and the User. The previous version of the Agreement is considered invalid, loses its force and can no longer serve as a fundamental document governing the relationship between the User and the Administration. If the User does not agree with the changes and / or additions to this Agreement, the User must stop using the Service resources.
3. REGISTRATION AND AUTHORIZATION
3.1. To access the use of the Service, the User must register on the website of the Service. For registration purposes, the User provides the following data:
3.1.1. The email address, which in the future will be the login for the User Account.
3.1.2. A unique password that protects the User Account.
3.2. Authorization is carried out by entering a username and password.
3.3. The user is independently responsible for the safety of his username and password, incl. for the possibility of access to them by other persons and the excessive ease of the password. The Administration is not responsible for the disclosure of the User’s login and password if this happened as a result of the User’s careless attitude to his data and User Terminals and other means of recording, where the specified information is stored.
3.4. The User is fully responsible for providing incorrect information about the email address, which entailed the inability of the Administration to properly fulfill its obligations to the User.
3.5. The User authorizes the Administration to collect, process and store his personal data if provided.
4. REMUNERATION OF THE ADMINISTRATION AND PAYMENT PROCEDURE
4.1. The User pays the Administration a fee for using the Service.
4.2. The fee for using the Service is paid by the User in accordance with the selected tariff.
4.3. The fee for using the service under the subscription scheme is fixed and is paid by the User before using the Service (an advance payment). The amount of remuneration is indicated on the site of the Service.
4.4. The Subscription to the Service remains active from the moment the Subscription is issued until the User disconnects it with the possibility of renewal. At the same time, the Subscription can be turned off no later than 12 (Twelve) hours before the end of the paid period. At the same time, the money for using the Subscription is debited from the payment method tied to the Account automatically for the next month of using the Service (advance payment), if the User has not expressed a desire to stop using the Service by suspending the Subscription during the paid period.
4.5. The user has the right to use the payment methods available on the site of the Service on the date of payment. The list of such means of payment may be changed unilaterally by the Administration.
4.6. For convenience, the User’s payment method is automatically tied to his Account when making a payment. At the same time, the “automatic payment” function is connected, which allows you to automatically replenish the User’s personal account without interrupting the game process. The user can turn off the “automatic payment” function at any time or untie the payment tool from his account in the payment information settings of the Account.
4.7. The User is fully responsible for providing incorrect information about the means of payment, which entailed the inability of the Administration to properly fulfill its obligations to the User.
4.8. If The user does not use the Service for more than three months in a row, the Administration has the right to delete inactive accounts and reset the User's playing time.
4.9. The administration shall refund funds at the request of the User in case of technical failures in the operation of the Service caused by the Administration for more than 24 hours from the moment of notification by The user of the technical support service, or in case of removal by the Administration of an inactive User account.
4.10. The refund is made by non-cash transfer of funds to the User no later than 30 (thirty) calendar days from the date of receipt of the corresponding request. This period may be extended due to the terms of money transfer by the payment system, in this connection, the Administration is not responsible.
5. RULES OF CONDUCT OF THE USER
5.1. User does not have the right to:
5.1.1. use the Service in any way that prevents its normal functioning.
5.1.2. access to the source code of the Loudplay technology. Not entitled to try to gain such access;
5.1.3. may not attempt to decompile Loudplay technology code;
5.1.4. on any resources where the Service is discussed or the Users communicate: criticize the Service in indecent terms (including using swear words and swear words), expressing insulting words (including using swear words and swear words) with respect to Administration and other Users, to call for the overthrow of the existing system, the commission of terrorist acts and other violence, to express extremist thoughts, to speak scornfully or insultingly (including using swear words and obscene expressions) in relation to certain groups of people on the basis of gender, national, religious and other differences, to disseminate information that is knowingly false, slanderous, as well as express other thoughts and beliefs that do not correspond to a civilized and respectful dialogue between Users or Users and Administration. Upon detection of such statements, the Administration has the right to unilaterally delete the corresponding statement, and if the User repeatedly violates this clause, the Administration has the right to unilaterally remove such User from participation in any kind of public discussion.
5.1.5. on any resources where the Service is being discussed or the Users are communicating, be presented on behalf of the Administration or otherwise mislead others.
5.1.6. use the Account of another User, as well as alienate or otherwise transfer his or acquire, including, but not limited to, by exchanging or receiving as a gift, the Account of another User. In the event that such actions of the User are discovered, the Administration has the right to block the User’s account without compensation for the unused time of the Subscription.
5.1.7. use the Service for mining activities. In case of violation, the User's account will be blocked without compensation for the unused time of the Subscription.
5.2. The User guarantees:
5.2.1. that he has a sufficient degree of legal capacity to acquire the rights to use the Content he has chosen;
5.2.2. that when using the Content on the Administration Servers, it is marked in accordance with the Federal Law “On the Protection of Children from Information Harmful to Their Health and Development” that does not violate the established age restrictions. The User agrees to exclude from the use of the Content persons who have not reached the appropriate age. In case of violation of this condition, the User is solely responsible for the consequences of such violation without the possibility of making claims to the Administration;
5.2.3. that he acquires the right to use the Content for his personal purposes and does not plan to use the Content for business purposes.
5.2.4. Do not take actions that may directly or indirectly lead to losses and / or indirect damage to the Site Administration, including as a result of loss of its business reputation, as well as by any means interfere with the normal functioning of the Site.
5.3. The user is independently acquainted with possible changes to the terms of this Agreement.
6. DISSEMINATION OF INFORMATION
6.1. The User hereby agrees to receive advertising information from the Administration to the email address provided when registering on the site of the Service platform. In case of disagreement, the User has the right to unsubscribe from the newsletter.
6.2. The User does not have the right to refuse to receive information from the Administration of non-advertising nature that may relate to the use of the Service, for example, changing the size of the Remuneration, warning about preventive maintenance, etc.
7. WARRANTY OF ADMINISTRATION. LAPSUS LINGUAE
7.1. The administration guarantees that the Service complies with its descriptions and is suitable for use for its intended purpose, provided that the User complies with the minimum requirements for such use of the Service.
7.2. The Administration guarantees that the Service does not distribute malicious programs that may harm the User Terminal, software, files and information on the User Terminal.
7.3. The services are provided to the User on a “as is” basis, i.e. Administration does not guarantee the smooth operation of the Service and the absence of errors affecting the performance of the Service.
7.4. The administration guarantees that it has all the rights, including exclusive to provide the Service to Users.
7.5. The warranties specified in clauses 7.1-7.3 are given in lieu of all and any other warranties.
7.6. Any terms such as "purchase", "purchase", etc. and derivatives thereof, are used solely for convenience of presentation and do not change the meaning of the relationship between the Administration and Users regarding the use of the Service, which is the provision of non-exclusive rights.
8. RESPONSIBILITY AND RESOLUTION OF DISPUTES
8.1. For non-performance or improper performance of their duties, the parties are liable in accordance with the legislation of the State of Nevada, United States.
8.2. Under no circumstances will the Administration be liable for any indirect, special, punitive, consequential losses, lost profits, etc. even if the Administration was aware of the possibility of such.
8.3. The relations of the Administration and the User apply the law of the State of Nevada, United States. All disagreements are resolved through negotiations, if it is impossible to resolve the disagreements - in court at the location of the Administration. Claims settlement procedure is required. The response period for the claim is 10 calendar days from the date of receipt of the claim.