Terms of Service
The gist
We (the folks at PlayNicely Labs) run a bug tracking web application called PlayNice.ly and would love for you to use it. Our service is designed to give you as much control and ownership over your data as possible and we encourage you use PlayNice.ly in a way that serves you. However, be responsible in what data you put into PlayNice.ly. In particular, make sure that none of the prohibited items listed below appear in your projects or get linked to from your projects (things like spam, viruses, or hate content).
If you find a PlayNice.ly project that you believe violates our terms of service, please send us an email.
(This document is based on the WordPress Terms of Service, which WordPress kindly decided to make the available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want, they would appreciate a link to WordPress.com somewhere on your site. They spent a lot of money and time on the below, and other people shouldn’t need to do the same.)
Terms of Service:
The following terms and conditions govern all use of the PlayNice.ly website and all content, services and products available at or through the website. The Website is owned and operated by PlayNicely Labs Ltd (“PlayNice.ly”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PlayNice.ly’s Privacy Policy) and procedures that may be published from time to time on this Site by PlayNice.ly (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by PlayNice.ly, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your PlayNice.ly Account. If you create one or more projects on the Website, you are responsible for maintaining the security of your account and projects, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the projects. You must not describe your project in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and PlayNice.ly may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause PlayNice.ly liability. You must immediately notify PlayNice.ly of any unauthorised uses of your account or any other breaches of security. PlayNice.ly will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Users. If you operate a project, participate in a project, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libellous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your project or user is not named in a manner that misleads your readers into thinking that you are another person or company;
If you delete Content, PlayNice.ly will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, PlayNice.ly has the right (though not the obligation) to, in PlayNice.ly’s sole discretion (i) refuse or remove any content that, in PlayNice.ly’s reasonable opinion, violates any PlayNice.ly policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in PlayNice.ly’s sole discretion. PlayNice.ly will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. PlayNice.ly has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, PlayNice.ly does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PlayNice.ly disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PlayNice.ly links, and that link to PlayNice.ly. PlayNice.ly does not have any control over those non-PlayNice.ly websites and webpages, and is not responsible for their contents or their use. By linking to a non-PlayNice.ly website or webpage, PlayNice.ly does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PlayNice.ly disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
- Copyright Infringement and DMCA Policy. As PlayNice.ly asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PlayNice.ly violates your copyright, you are encouraged to notify PlayNice.ly. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of PlayNice.ly or others, PlayNice.ly may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, PlayNice.ly will have no obligation to provide a refund of any amounts previously paid to PlayNice.ly.
- Intellectual Property. This Agreement does not transfer from PlayNice.ly to you any PlayNice.ly or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PlayNice.ly.
- Changes. PlayNice. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PlayNice. may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. PlayNice.ly may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PlayNice.ly account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. PlayNice.ly and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PlayNice.ly nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will PlayNice.ly, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PlayNice.ly under this agreement during the twelve (12) month period prior to the cause of action. PlayNice.ly shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the PlayNice.ly Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Great Britain or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless PlayNice.ly, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between PlayNice.ly and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of PlayNice.ly, or by the posting by PlayNice.ly of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Great Britain If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PlayNice.ly may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Payment and Billing
- You must provide PlayNice.ly with accurate billing information and keep this information up to date. This applies to all paid accounts, and also for free accounts if you are using and paying for any extra services.
- By subscribing to PlayNice.ly you give PlayNicely Labs Ltd the right to charge your credit card, or bill you via other payment methods, for fees connected with PlayNice.ly such as renewal fees or fees for extra services.
- The PlayNice.ly application is a subscription service. You pay in advance for each billing cycle on the first day of that cycle.
- Your PlayNice.ly account will be renewed automatically until you cancel the Service.
- You are responsible for all charges incurred related to your PlayNice.ly account, including any applicable taxes or extra service fees.
- You can at any time change between different billing cycles. A prorated credit will be added to your account and your new subscription will begin from the current date.
Refund Policy
- If you wish to ask for a refund or have an invoice cancelled, you need to send an email to support@playnice.ly within 7 days (one week) of the invoice date. The email needs to contain your PlayNice.ly user id (the email or username you use to log in to PlayNice.ly) and the invoice number of the invoice in question. You will receive an confirmation email back that acts as your receipt and proof that PlayNice.ly has received your refund request.
- If you do not receive this receipt email it is your responsibility to contact PlayNice.ly within these 7 days via phone or email to manually confirm that PlayNice.ly has received your request.
Cancellation and Termination of Service
- You may at any time cancel your PlayNice.ly account inside the PlayNice.ly control panel provided that any past invoices have been paid. PlayNice.ly does not accept cancellations via email or phone.
- Any abuse of the service will lead to termination of your account. PlayNice.ly reserves the right to decide what is considered abuse of the service.