Playpark EULA

Please take a moment to review this User Agreement (the "Agreement"). This Agreement is
an agreement between you (referred to hereinafter as "You", "Your," "Member," or "User")
and PlayPark Inc. It is important that you understand both the benefits we provide, as well
as our limitations.
This Agreement applies to all products and services owned or sublicensed by PlayPark Inc.
including, but not limited to www.levelupgames.ph, and the entire PlayPark Inc. Network,
including all sites (collectively, the "Sites"), and the various services offered, including but
not limited to Game Products and any other services that may be added (collectively, the
"Services"). PlayPark Inc. is the game publisher and operator of game titles and services
under the Level Up! brand in the Philippines. Level Up! is a trademark of Level Up Inc. under
license to PlayPark Inc.While the Sites each offer a different combination of services and
tools from one site to another, this agreement reflects our approach to memberships across
our Sites and Services.
SECTION 1: Acceptance of Agreement
When you complete the member registration process, begin, or continue using any
PlayPark Inc. Sites and Services, you agree to this Agreement, and all PlayPark Inc.
Policies published on any of the Sites or Services. This Agreement and all PlayPark Inc.
Policies may be changed or updated from time to time without prior notice, and it is your
responsibility to update your knowledge of them. You can view these terms, conditions and
notices (these "Terms") at any time at: www.levelupgames.ph , under the Customer Support
section. Your continued use of our Sites and Services signifies your binding acceptance of
any changes. This Agreement and all PlayPark Inc. Policies will always be available on this
site for you to read. If any part of these Terms or any future changes to these Terms are not
acceptable to you, you may cancel your Subscription Service and stop using the Sites and
Services provided by PlayPark Inc.
We have no control over any third-party site or service and we are not responsible for any
changes to any third-party service or for the contents thereof, including, without limitation,
any links that may be contained in or accessible through such third-party service. The links
to any third-party site or service are provided solely as a convenience to our visitors. Such
third-party linked sites are not under PlayPark Inc. control and PlayPark Inc. is not
responsible for and does not endorse their content. You will need to make your own
independent judgment regarding your interaction with these third-party sites or services.
Our inclusion of advertisements for, or links to, a third-party site or service does not
constitute an endorsement. By opting into third-party offers, you will be subject to terms
posted by these third-parties. Opting into these offers signifies your agreement to those
additional terms of the respective third parties.
SECTION 2: Our Services
PlayPark Inc. Sites and Services: As a commitment to our users, we currently provide you
with access to a rich collection of online resources. These include various communication
tools, online forums, personalized content and branded programming through PlayPark Inc.
Sites and Services. Some Services offered by PlayPark Inc. are provided free of charge. It is
possible that this could change in the future.

Service Limitations: We will do our best to make your experience with the PlayPark Inc.
Sites and Services a pleasurable one. However, we cannot always foresee or anticipate
technical or other difficulties. These difficulties may result in loss of data, personalization
settings or other service interruptions. For this reason, you agree that PlayPark Inc. Sites
and Services, including the services of our third-party service providers, are provided AS IS.
PlayPark Inc. Sites and Services and our third-party service providers cannot assume
responsibility for the timeliness, deletion, mis-delivery or failure to store any user data,
communications or personalization settings.
Service Changes and Discontinuation: PlayPark Inc. does not guarantee that it will continue
to offer access to, or support the Sites and Services. PlayPark Inc. may, in its sole
discretion, cease to provide any or all support of the Sites and Services, terminate the
Agreement, close all Accounts and cancel all of the rights granted to you under the
Agreement. If PlayPark Inc. terminates the Agreement, you will not receive a refund of
prepaid subscription fees.
Privacy Policy: You hereby expressly acknowledge, consent and agree that except for
certain information in your Account, all transmissions by you through the Sites and Services
are not private. You acknowledge and agree that you have no expectation of privacy
regarding communications which you make and disclose of your own will through any of the
Sites and Services. PlayPark Inc. representatives may monitor communications made by or
received from you. You should not provide private information to any other player in the
Game. PlayPark Inc. shall not be responsible for the consequences of any such disclosure
by you.
PlayPark Inc. does not guarantee that you will not encounter behavior of others that you
may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk
associated using our Sites and Services, and PlayPark Inc. assumes no responsibility for
the conduct of any other customers, and shall not be liable to you or any other person for
their conduct.
PlayPark Inc. You expressly acknowledge, agree and consent that PlayPark Inc. shall not
be responsible for any unlawful and unauthorized interception or access by third parties of
any transmissions, private communications, or data within the Sites and Services.
Additionally, PlayPark Inc. may, and you hereby expressly authorize PlayPark Inc. to,
disclose information about you to private entities, law enforcement or other government
officials, as PlayPark Inc., in its sole discretion, deems necessary or appropriate comply
with its legal obligations, protect vitally important interests, pursue its legitimate interests or
the legitimate interests of third parties, respond to a national emergency, comply with the
requirements of public order and safety, or to fulfill functions of public authority or for any
purpose as may be allowed by law.
PlayPark Inc. may monitor usage of the System to gather statistical information that it may
disclose to third parties. PlayPark Inc. may also contact you using the information you
provided to, for example, provide technical support, respond to user inquiries, transmit
questionnaires and offer products and services
SECTION 3: Policies and Regulations

For the benefit of the entire PlayPark Inc. community, and to comply with applicable laws,
we have a few mandatory Policies and Regulations. Please understand that any conduct that
is judged by PlayPark Inc., in its sole and unfettered discretion, to violate any of the
Policies and Regulations is grounds for immediate termination of your account. For this
reason, we ask that you carefully read and follow them.
Certified Accurate Information: You agree to provide true, accurate, current and
complete information about yourself as requested in PlayPark Inc. Sites and Services
registration. You accept that it is your responsibility to keep your Registration Data current
and accurate, and any failure to comply with this provision will result in the forfeit of claims
of any nature towards PlayPark Inc.
Account Security: You will be asked to select a Password during the registration process.
You may not disclose your Password to anyone or allow anyone to use your Password to
access the Sites and Services. You are responsible for maintaining the confidentiality of your
Password and for any damage, harm, lost or deleted characters, etc. resulting from your
disclosure, or allowing the disclosure, of any Password, or from use by any person of your
Password. You may not obtain, attempt to obtain, use or attempt to use the password of
anyone else. You are responsible for remembering your Account information and Password.
You will be asked to select an Account Name and a Character Name during the registration
and character creation process. You may not allow anyone to use your Account Name or
character name to access the Sites and Services. No player may use or attempt to imitate
the character name of another player to impersonate or falsely represent his or her identity.
You may not obtain, attempt to obtain, use or attempt to use the Account Name or Character
name of anyone else.
Account Suspension: PlayPark Inc. may terminate the Agreement, close all your
Accounts, and cancel all rights granted to you under the Agreement if: 1. You fail to pay
subscriptions fees or render an account inactive for an extended period of time
2. PlayPark Inc. is unable to verify or authenticate any information you provide
3. You or anyone using any of your Accounts materially breaches the Agreement, makes any
unauthorized use of the Sites and Services, or infringes the rights of PlayPark Inc. or any
third
party
4. PlayPark Inc. becomes aware of game play, chat or player activity under your Account
that is, in PlayPark Inc. sole discretion, inappropriate or in violation of the Code of Conduct.
PlayPark Inc. reserves the right to terminate any and all other Accounts that share the
name, phone number, e-mail address, internet protocol address or billing information with
the closed Account. Termination byPlayPark Inc. under this section shall be without
prejudice to or waiver of any and all of PlayPark Inc. other rights or remedies, all of which
are expressly reserved, survive termination, and are cumulative. You will not receive a
refund of prepaid subscription fees for a termination pursuant to this section.
Lawful Obedience: You agree not to use the service for illegal purposes or for the
transmission of material that is unlawful, harassing, libelous, invasive of another's privacy,

abusive, threatening, or obscene, or that infringes the copyrights or other intellectual

property rights of others.
Content Restrictions: PlayPark Inc. Sites and Services attempt to provide some of the
very best content available on the web and make it available to you on the Web for your
personal, non-commercial use. All Web site design, text, graphics, the selection and
arrangement thereof, and all software that are part ofPlayPark Inc. Sites and Services are
protected by international copyright and Trademark laws. The copying, publication, sale, or
redistribution in any form or medium of text, photos, graphics, audio and/or video materials
or any other form of proprietary content found on PlayPark Inc. Sites and Services are
strictly prohibited without the prior written permission of PlayPark Inc. Content that is
publicly available on PlayPark Inc. Sites and Service may not be stored in a computer,
except for personal and non-commercial use.
Limits on Uses of User Information: By using any PlayPark Inc. Site or Service, you
agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for
any purpose any user's, whether specific to any particular user or as an aggregation,
information accessible through any web sites owned by PlayPark Inc., including but not
limited to any Commercial Purpose. "Commercial Purposes" can include but is not limited to
selling information to third parties; using the data collected to customize users' experiences;
using the data for targeted marketing campaigns; or using the data to offer services to
PlayPark Inc. users. PlayPark Inc. reserves the right to take immediate action against any
individual or entity participating in any of the prohibited actions mentioned above. You may
not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or
authentication measures on the Site or Services. You may not reverse look-up, trace or seek
to trace any information on any other user of or visitor to the Site or Services, including any
PlayPark Inc. account not owned by you, to its source, or exploit the Sites or Services in
any way where the purpose is to reveal any information, including but not limited to
personal identification or information, other than your own information as provided for by
the Sites or Services. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the Sites or Services.
You agree not to use any device, software or routine to interfere or attempt to interfere with
the proper working of the Sites or Services or with any other person's use of the Sites or
Services. You may not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any message transmittal you send to PlayPark Inc. on or through the Sites and
Services. You may not pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity.
Consolidated Sites: PlayPark Inc. users should exercise caution when using consolidation
sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal
information on one site. For example, you may be encouraged to provide consolidation site
operator's access to your PlayPark Inc. accounts or membership information so that the
information can be used to design customized search engines, web pages or advertising for
you. All transactions initiated through a consolidation site using access information you
provide are considered to be authorized by you, whether or not you were aware of the
specific transaction. PlayPark Inc. is therefore not responsible if the security, accuracy or
quality of your information if it is compromised by a consolidation site you have authorized
to access your data.

SECTION 4: Rights You Grant to the PlayPark Inc. Sites

Distributing Content You Produce: Subject to PlayPark Inc. Privacy Policy, you are
licensing to thePlayPark Inc. Sites and Services any "content" you provide through or to
PlayPark Inc. Sites and Services. User submitted content includes but is not limited to:
letters or emails; cheat codes; board posts; reader reviews; game ratings, data, notes and
testimonials; and poll votes. PlayPark Inc. Sites and Services may modify, display,
distribute and create new material using such content on PlayPark Inc.Sites and Services
for the promotion and marketing of our Services and the operation of our system. By
submitting content, you automatically agree, or promise that the owner of such content has
expressly agreed that, without any particular time limit, and without the payment of any
fees, PlayPark Inc. Sites and Services and anyone it permits may reproduce, display,
distribute and create new works of authorship based on and including the content. You may
not submit materials that have been trademarked or copyrighted by anyone other than
yourself. When you submit a game FAQ, text guide, walkthrough or image, it is considered
your original and copyrighted work and you are licensing the content to PlayPark Inc. for
publication. We may modify the format and display of the work. It may be distributed across
PlayPark Inc. Sites and Services for promotion and marketing of our Services and operation
of our system.
Account Access: In order to ensure that the PlayPark Inc. Sites and Services are able to
provide high-quality services that are responsive to our members' needs, you agree that
PlayPark Inc.employees have access to your account and records as reasonably needed to
investigate complaints
Merger or Acquisition: In order to ensure a smooth transition of services relative to your
subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially
all of its assets, or the sale of an individual website owned by PlayPark Inc., PlayPark Inc.
may transfer your personally identifiable information and transition your existing accounts to
a similar subscription product to a third party as a part of such merger, acquisition,
reorganization, or sale.
SECTION 5: Legal Reminders
Disclaimer of Warranties: You expressly understand and agree that:
Your use of the Sites and Services is at your sole risk. The Sites and Services are provided on
an "AS IS" and "AS AVAILABLE" basis. PlayPark Inc. and its third party service providers
expressly disclaim all warranties of any kind, whether express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a particular purpose and
non-infringement.
PlayPark Inc. makes no warranty that:

1. The Sites and Services will meet your requirements

2. The Sites and Services will be uninterrupted, timely, secure, or error-free
3. The results that may be obtained from the use of the Sites and Services will be
accurate or reliable
4. That, should such a service be provided, your email or voicemail messages will not be
lost
5. Any errors in the software will be corrected.

6. The quality of any products, services, information, or other material purchased or

obtained by you through the Sites and Services will meet your expectations
Any material downloaded or otherwise obtained through the use of the Services is done at
your own discretion and risk, and you will be solely responsible for any potential damage to
your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from PlayPark Inc. Sites
and Services, our third party service providers, or through or from the Service will create any
warranty not expressly stated in this Agreement.
To the extent that any part of this section is not consistent with any other part of this
Agreement, then this Disclaimer of Warranties will override it.
No Endorsement of User Content: You acknowledge and agree that PlayPark Inc. Sites
and Services do not endorse the content of any user and are not responsible or liable for any
content, even though it may be unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may
infringe the intellectual property or other rights of another. You acknowledge that PlayPark
Inc. Sites and Services do not pre-screen any user posted content, but that PlayPark Inc.
and their designees will have the right, but not the obligation, in their sole discretion to
refuse, edit, move or remove any content that is publicly available via the Sites and Service.
User is defined as any person who visits PlayPark Inc. Sites and receives information or
uses PlayPark Inc. Services.
Limitation of Liability: You agree that the PlayPark Inc. will not be liable to you for any
harms, which lawyers and courts often call direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses, even if the PlayPark Inc. Sites and Services have been
advised of the possibility of such damages, resulting from:

1. The use or the inability to use the Service

2. The cost of getting substitute goods and services resulting from any products, data,
information or services purchased or obtained or messages received or transactions
entered into through or from the Service
3. Unauthorized access to or alteration of your account, information, transmissions or
data
4. Statements or conduct of anyone on the Service
5. Any other matter relating to the Service
If, not with standing the other provisions of this Agreement, PlayPark Inc. is found to be
liable to you for any damage or loss which arises out of or is any way connected to your use
of the Sites or Services, PlayPark Inc. liability shall in no event exceed the total of any
subscription or similar fees with respect to any Service or feature of or on the Sites paid in
the six months prior to the date of the initial claim made against PlayPark Inc.
Indemnification: You agree to protect and fully compensate PlayPark Inc. Sites and
Services and their service providers from any and all third-party claims, liability, damages,
expenses and costs, including, but not limited to, reasonable attorneys fees, arising from
your use of the Sites or Services, your violation of the Agreement or PlayPark Inc. Policies,
or your infringement, or infringement by any other user of your account, of any intellectual
property or other right of anyone.

Copyright Infringement: PlayPark Inc. respects the intellectual property of others, and
we ask our users to do the same. PlayPark Inc. may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may be infringing the
intellectual
property
rights
of
others.
PlayPark Inc. rights under this Agreement may not be waived unless PlayPark Inc. agrees
to such change in writing. This Agreement is personal to you and you may assign this
agreement only with PlayPark Inc. prior written approval. Any other attempt to assign,
transfer or delegate this Agreement shall be null and void.
All matters relating to your access to, or use of, the Service shall be governed by Philippine
laws, excluding that body of laws known as conflicts of laws. If any provision of this
Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed
omitted and the remaining provisions will continue in full force and effect. Any notices
related to this Agreement need to be given in writing to one another at our head office
address, or any new address that is given in such a notice. This Agreement is the entire
understanding between you and PlayPark Inc. Sites and Services.
SECTION 6: Subscription Terms of Service
PlayPark Inc. reserves the right, at any time, to change its fee and billing methods,
including the addition of supplemental fees or separate charges for content, or services
provided by PlayPark Inc., effective immediately after an online posting any of the
PlayPark Inc. Sites and Services. PlayPark Inc. may additionally provide notice of billing
changes via electronic mail. If any such change is unacceptable to you, you may cancel your
subscription service or patronage. Again, canceling may immediately terminate access to
your account and PlayPark Inc. will not refund the remaining portion of your subscription or
credited balance. Your continued use of the service following the effective date of any
change, to such fees and billing or otherwise shall constitute your acceptance of such
change. PlayPark Inc. is not responsible for failure to cancel your subscription either in
writing by electronic mail, fax, or letter or on the website. You agree and acknowledge that
PlayPark Inc. shall not be responsible for any adjustments, refunds or account oversight
that remains unaddressed.
Termination of Your Subscription: You may terminate your subscription at any time.
When you terminate your account, it will be terminated immediately, without refund. You
acknowledge that PlayPark Inc., in its sole discretion, may terminate your Account,
password, or any part thereof, or use of the Sites and Services for any reason, including,
without limitation, if PlayPark Inc. believes that you have violated or acted inconsistently
with the letter or spirit of this Agreement or any PlayPark Inc. Company Policies. PlayPark
Inc. may also, in its sole discretion, at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of your access to the
Service under any provision of this Agreement may be effected without prior notice, and
acknowledge and agree that PlayPark Inc. may immediately deactivate or delete your
account and/or bar any further access to the Sites and Services. Further, you agree that
PlayPark Inc. shall not be liable to you or any third-party for any termination of your access
to the Sites and Services. You agree and acknowledge that PlayPark Inc. shall not be
responsible for any adjustments, refunds or account oversights.
Subscriber Information: You agree to provide true, accurate, current and complete
information about yourself as prompted by the Service registration process. Once you
subscribe to the Service, you will have an account and enter a password. You are solely and
entirely responsible for maintaining the confidentiality of your password. Furthermore, you
are solely and entirely responsible for any and all activities that occur under your account.
You must promptly inform PlayPark Inc. of any changes in your subscriber information, or

apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an

Account or password. Until PlayPark Inc. is notified and acknowledges of a breach in
security, you will remain liable for any unauthorized use.
Access: You are responsible for providing all personal computer and communications
equipment necessary to gain access to the Sites and Services. Access to and use of the Sites
and Services is through a combination of an Account Name and a password. You must keep
your password strictly confidential. PlayPark Inc. will not release passwords for any reason,
except as may be specifically required by law or court order. Unauthorized access to the
Sites and Services is a breach of this Agreement and a violation of law.
Warranty: No warranty is made by PlayPark Inc. regarding any information, services, or
products provided through or in connection with the Sites and Services, and PlayPark Inc.
hereby expressly disclaims any and all warranties, including without limitation: any
warranties as to the availability, accuracy, or content of information, products, or services;
any warranties of merchantability or fitness for a particular purpose. You hereby warrant and
represent that you are in all respects qualified and competent to enter into this agreement.
Limitations of Liability: You hereby agree that PlayPark Inc. will not be liable for indirect,
special or consequential damages or any loss of revenue, profits or data arising in
connection with the Agreement or the Sites and Services, even if PlayPark Inc. has been
advised of the possibility of such damages. Further, our aggregate liability arising with
respect to this agreement and the service will not exceed the total fees paid by you under
the Agreement during the six months prior to the date of the initial claim made against
PlayPark Inc.
Use Restriction: The material on the PlayPark Inc. Sites and Services is for the private,
non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited.
PlayPark Inc. spends a great deal of time and money to obtain the information appearing
on our Sites and Services. You agree that you will not copy, publish, or in any way make
available publicly any news, pictures, interviews, features, or any other information from
PlayPark Inc. Sites or Services, without express written permission fromPlayPark Inc. You
agree that if you do so, PlayPark Inc. reserves the right to cancel your subscription
immediately without refund. Additionally, reuse of copyrighted information (pictures,
interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
Modifications: This Agreement may be modified from time to time without notice to you
and changes are effective immediately upon posting on the Sites or Services. Your continued
use of the Sites and Services constitutes your binding acceptance of this Agreement,
including any changes or modifications we may make. If any part of the Agreement or any
future changes to the Agreement are not acceptable to you, your only recourse is to
terminate the Agreement. We may change, suspend or discontinue all or any aspect of the
Sites and Services at any time, including availability of any Service feature, database or
content, without prior notice or liability. You agree and acknowledge that PlayPark Inc. shall
not be responsible for any adjustments, refunds or account oversights.
Notices: Notices by PlayPark Inc. to subscribers may be given by means of electronic
messages or by a general posting on the Sites or Services.
The Agreement: This Agreement is governed by Philippine laws, without regard to its
conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in courts
located in the Philippines in all disputes arising out of or relating to the Sites and Services. In
addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any
action commenced by you against us, or our affiliates. Use of the Sites and Services is

unauthorized in any jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this Section. You shall not use the Sites and Services
in any manner contrary to local or national law. PlayPark Inc. expressly disclaims any and
all responsibility or liability for any action by you that is contrary to such law(s) and reserves
the right to terminate your Service immediately upon notice for your failure to comply with
any such local or national law. Our performance of the Agreement is subject to existing laws
and legal process, and nothing contained in the Agreement is in derogation of our right to
comply with governmental, court and law enforcement requests or requirements relating to
your use of the Sites and Services or information provided to or gathered by us with respect
to such use. If any part of the Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Agreement shall continue in effect. The
Agreement constitutes the entire agreement between you and PlayPark Inc. with respect
to the Sites and Services and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between you and PlayPark Inc. with
respect to the Sites and Services. A printed version of the Agreement and any notice given
in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to the Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form.
Downloadable Material: Any material or third party software downloaded through or for
the use of the Sites and Services is done at your own discretion and risk. PlayPark Inc. will
not be responsible in any way for any potential damage to your computer system or loss of
data that results from the download of any such material. No advice or information, whether
oral or written, obtained by you from the PlayPark Inc. Sites and Services or our third
party service providers will create any warranty not expressly stated. PlayPark Inc. makes
no representation or warranties that:

1. The Sites and Services will meet your requirements

2. The Sites and Services will be uninterrupted, timely, secure, or error-free
3. Any third party provided software, drivers, modifications, or other materials are noninfringing, accurate or reliable

4. The results that may be obtained from the use of the Sites and Services will be
accurate or reliable

5. The quality of any products, services, information, or other material purchased or

obtained by you through the Sites and Services will meet your expectations

6. Any errors in PlayPark Inc. or third party software will be corrected.

No material will be sent to you via electronic mail or postal service. Our service is provided
online only and failure to obtain your download will not be exchanged for tangible goods or
sent via email.