3.1 When we collect

In general, personal information will be collected in some form whenever you use PlayFi. Generally this is due to the way the service operates at a technical level, storing data such as your IP address, browser and login details as cookies; however, it may also be because you take specific steps to supply information to PlayFi (such as in a comment or track description). Without limiting the circumstances in which personal information may be collected, the following are examples of when such collection may occur:

• upon registration of a user account with PlayFi;
• upon creation of an artist or publisher account;
• upon editing details of your profile or settings, including payment settings;
• when transactions occur, such as purchasing music, concerts or licences;
• when you stream, download or watch music;
• when, as an artist or publisher, you add a new track to PlayFi; and
• when you contribute specific information in response to a prompt, such as ratings, comments, likes, and so on.

3.2 What personal information we collect

When you register for a user account and use PlayFi, we may collect information including:

1. your name, if you give it to us during signup or connect with Facebook;
2. if you connect with Facebook, your Facebook ID as well as any visible profile information you have chosen to share with us (for example, your date of birth);
3. your email address;
4. your activity on PlayFi, including what tracks you purchase (so we know what to store in your library) and what you listen to (so we know what to recommend)
5. if you choose to enable location sharing, your approximate location;
6. personal information contained in any comments or other contributions you make to PlayFi;
7. if you are an artist, your profile information, preferences, bank details, declarations of entitlement, and payment beneficiaries; and
8. your payment preferences, including credit card or PayPal details (so we can process payments for transactions performed by your account).

For example, if you purchase a track on PlayFi, we store when you purchased it, what your purchased, what computer you purchased it from, what payment method you purchased it with, and the details of that payment method, in order to bill you and give your account access to that track in the future. If you invite friends to join PlayFi, we may also collect any email addresses you supply in order to send them an email inviting them to use the Service.

3.3 How we use your personal information

The primary way in which we use your personal information is to make PlayFi operate seamlessly and usefully for you, our user. By this we mean:

• contacting you in connection with your use of the Service;
• delivering music to you;
• billing you;
• giving you recommendations;
• telling you about content you like;
• notifying you, in accordance with your communication preferences, of upcoming concerts, new releases, recent activity and new features;
• publishing to your news feed with your permission;
• if you are an artist, presenting you with statistics about your music sales and suggestions of how to improve them;
• making payments to artists and their nominated beneficiaries;
• linking tracks with identified collaborators (such as songwriters, producers and mixers); and making technical improvements to the Service.

When we need to contact you urgently in relation to your account (for example, because your payment has failed) or with important information about your use of the Service (for example, because our terms of use have changed), we may use your personal information to do so. Because these notices are essential for using the Service, you cannot elect not to receive them, and you will be deemed to have received such notices when sent. We may also use your personal information for internal purposes such as auditing, data analysis, and research to improve PlayFi. We will never give your email address to a third party for marketing purposes. We hate spammers as much as you do.

3.4 Facebook connect

If you register for a user account with PlayFi by choosing the 'connect with Facebook' option (Facebook connect), your PlayFi user account will be linked to your Facebook account, and data may be copied from your Facebook account to PlayFi in accordance with your privacy preferences. If you choose this option, you must agree to all applicable Facebook agreements and policies, including the Facebook Statement of Rights and Responsibilities, the Facebook Privacy Policy, the Facebook Platform Page and Policies, and the Facebook Terms of Service. Once you opt-in to Facebook connect, friends to whom you have granted permission to view your activity on Facebook will be granted permission to see certain of your activities on PlayFi, such as concerts you are attending, music you like, tracks you have purchased, comments you have made on other users' profiles and music, and related information. We want you to be able to use Facebook connect because we think it makes music more social and enjoyable. However, you should obviously take care in choosing what information to supply to Facebook, and be aware that once information is provided to Facebook it may be dealt with by them differently to how we will treat your information on PlayFi.

3.5 Recommendations

PlayFi sometimes collects information about your library, music and listening habits. This information is not associated with your name or PlayFi user account. However, it may be used to supply recommendations (in combination with other information, such as what users with similar purchase histories also purchased) on PlayFi. In addition, your recommendation data may be used to:

• create automatic playlists and suggest pre-made playlists;
• recommend concerts and other music for purchase; and
• provide recommendations to other users.

4.1 What other information we collect

PlayFi also collects information that does not directly identify you (non-personal information), such as your language preferences, computer platform, time zone, country, and so on.

4.2 Cookies and logs

PlayFi, like just about every other modern website out there, uses cookies to save you from having to login to PlayFi every time you visit the site. These files are stored automatically by your browser as part of its ordinary functions. They contain information about your user account and local user interface preferences (such as the colour and location of your PlayBox, and other settings). Our web servers also collect some information about your use of PlayFi, including your Internet Protocol (IP) addresses, browser profile, language, referrer page, operating system, date and time of visit, and related data. These data are stored automatically in our log files, and are not generally used except to diagnose technical problems with the Service (such as missing files) and to identify general usage trends.

4.3 Email click-through data

Some email messages link to a special URL that tells us whether you acted on the email we sent to you. We may use this information (in an aggregated, anonymised form) to determine what emails are being read and reduce your inbox clutter where possible.

5.1 Overriding principle

As a general rule, PlayFi does not disclose your data to other people. We believe that your data should be yours, and not ours to do what we like with. Accordingly, your data -- personal and non-personal -- is stored on our servers and not given out except in cases of necessity, as detailed below.

5.2 Technical improvements

We may work with our developers and technical assistants to collect and use data about your client device and peripherals so that we can improve PlayFi, provide technical support and perform troubleshooting, bug fixing and optimisation.

5.3 Service providers

PlayFi shares personal information with the following entities:

1. billing companies (banks, payment gateways, payment processors, such as PayPal);
2. web hosts and information storage providers (Amazon AWS);
3. postal services (in cases where we deliver any products to you);
4. social integration partners (such as Twitter and Facebook, where you have opted in to connect with those services);
5. merchandise providers (if you elect to have merchandise made on your behalf); and
6. your data sources (any widgets, feeds, embedded content or other data you have specifically asked us to share).

These entities must also protect your personal information in accordance with their own privacy policies and applicable laws.

5.4 External content

PlayFi may contain links to websites, products and services controlled by others. The Service may also use products or services supplied by third parties. Please note that those websites, products and services are governed by their own privacy policies and any data that is collected by them may be treated differently to your data on PlayFi.

5.5 Trans-border data flow

PlayFi operates the Service using web servers and technical equipment located around the world, including in the United States and Australia. We may transfer to and store your personal information on any of this infrastructure in accordance with this policy. (For example, your user account data might be stored on a cloud storage service based in California, while your billing information might be stored on our payment gateway server in Sydney.) We may also transfer your data to our related bodies corporate according to the Corporations Act 2001 (Cth).

5.6 Others

It may be necessary (including for legal reasons and requests from governmental authorities within or outside your country of residence) for PlayFi to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a merger or sale we may transfer any and all personal information we collect to the relevant third party.

7.1 Contact information

You can update your contact information and preferences by logging into your account and updating your Account information. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if it is no longer required. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardise the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made to the email address given in clause 9.

7.2 Accuracy of account data

PlayFi makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required by law.

2.1 Age

You must be aged 13 years or older to use PlayFi. If you are under the age of 18, you should check with your parent or guardian first. Some explicit Content on PlayFi may carry other age restrictions, to which you must also adhere.

2.2 Territory

Unless otherwise stated, PlayFi is available worldwide without geographic restriction. When you upload Content to PlayFi, you agree that it can be made available, in accordance with the other terms of this agreement, worldwide. You may access PlayFi from any place in which it is lawful to do so.

2.3 Equipment

You must possess a compatible device (such as a computer, mobile phone or tablet), Internet access, and certain software (such as a web browser and operating system) to use PlayFi. These goods and services are supplied by third parties, not PlayFi, and you are solely responsible for their operation and maintenance, including any fees that may be payable. In particular, you should ensure that you are aware of any quota limitations imposed by your Internet service provider (ISP), and ensure that you abide by the terms of use (including any acceptable usage policy) set by your ISP.

3.1 Account security

In return for accepting these terms, you may register for a user account on PlayFi (Account), which entitles you to use the Services. You must take care of your Account username and password, and not reveal this information to anyone. You are solely responsible for preserving the security of your Account.

3.2 Unauthorised transactions

You are also solely responsible for all activities that occur on or through your Account, including transactions with third parties. We may, in our sole discretion, refund or cancel any Services that were transacted under your Account without your authorisation, but only if:

1. you took all reasonable measures to preserve the security of your Account information and of any devices through which you accessed PlayFi;
2. the unauthorised Services were transacted by reason of a security breach of PlayFi; and
3. you immediately notified PlayFi of the security breach.

However, PlayFi is not responsible for any losses connected with or arising from the unauthorised use of your Account.

3.3 Accuracy of account data

You must give us accurate and complete information when you register with PlayFi and whenever you use the Services. You must also take reasonable steps to update your Account information so that it remains accurate and complete.

3.4 Multiple accounts

You are welcome to signup for multiple accounts on PlayFi. However, if the number of accounts opened or regularly accessed by you reaches or exceeds 5, we require that you signup for a Publisher Account, which allows you to manage larger numbers of users from one place. In addition, you may not:

1. use one account to comment on, rate, download or otherwise promote the content uploaded by another, without fully disclosing that both accounts are related;
2. publish the same Content under multiple accounts; or
3. otherwise use multiple accounts in a misleading, deceptive or dishonest manner, or in a manner calculated or likely to mislead or deceive other users.

3.5 Inactive accounts

If you have not logged into your account for more than 6 months, we consider your account inactive. We reserve the right to suspend or terminate inactive accounts, but we will first provide notice to you by email.

3.6 Compromised accounts

If you become aware that your account has been compromised, you must notify us immediately. Once we consider that your account has been compromised, we may take any remedial action we see fit, including suspending or terminating your account, halting payments, removing Content and supplying your Account information to third parties.

4.1 Availability

PlayFi reserves the right to alter, withdraw or remove Content from the Service at any time.

4.2 Uploading Content

If you have registered an Artist Account with PlayFi, you may upload Content by using the supplied artist management interface. Content you upload will be stored by PlayFi on servers controlled by PlayFi and third parties (for example, cloud storage services and content distribution networks), and will be made available to other users of PlayFi (and eligible third parties, as when Tracklets are embedded on a website) according to the terms you specify.

4.3 Copyright restrictions on Content

You may only upload Content of which:

1. you are the author and sole copyright owner;
2. you are a joint copyright owner and have secured the permission of all other joint authors; or
3. you are a licensee and are acting within the terms of the permission granted by the licensor.

For the avoidance of doubt, PlayFi never grants you permission to upload content belonging to someone else without their permission.

4.4 Infringing Content

If you suspect that Content on PlayFi infringes your or another person's copyright, you should notify us via email at copyright@playfi.com, giving details of the work, URL and deposing or giving an equivalent binding attestation to your ownership rights and good faith belief that the work is being infringed. We will do our best to ensure that legitimate claims are dealt with promptly and any infringing Content removed. However, we are not obliged to act on an accusation without strong evidence of infringement. If we suspect that Content uploaded by you may infringe copyright, we may, at our sole discretion:

1. remove the Content;
2. suspend access to the Content;
3. halt, reverse or redirect payments for transactions relating to the Content (including to the rightful copyright owner).

We will generally attempt to notify you before we take such action. However, if we consider that the circumstances justify an immediate response, we are not obliged to notify you.

4.5 Licence to PlayFi to use Content

Copyright in all Content uploaded by you to PlayFi remains with the original copyright owner. However, so that PlayFi can function, you agree to grant us permission to use the Content as follows:

1. worldwide, without geographic or territorial restriction on the places where it may be bought, sold and used in accordance with this agreement;
2. royalty-free, except to the extent that we agree to pay you (or the nominated copyright owner) a set rate of royalties, or are otherwise obligated to do so;
3. nonexclusive rights to use all Content you supply to PlayFi on or in connection with the Services, including the rights to:
   1. reproduce, store, cache;
   2. communicate to the public;
   3. offer for sale, sell, lease, license;
   4. publish, otherwise distribute; and
   5. alter, transform, and adapt,the Content;
4. for the sole purposes of operating PlayFi, promoting, extending or improving the Services, and for related purposes.

We reserve the right not to use any Content despite you having granted us a licence to do. We may remove or edit any Content, at any time in our sole discretion without notice or liability.

4.6 Licence to users to use Content

Unless otherwise stated, when you purchase Content on PlayFi, you become entitled to use that Content only for personal, noncommercial use in accordance with the terms of sale set by PlayFi and the Artist, the Copyright Act 1968 (Cth) and other equivalent legislation in the place in which it is used. PlayFi does not authorise or purport to grant any permission to use any Content on PlayFi in a manner that would infringe copyright.

4.7 Redownloading

In general, once you purchase Content on PlayFi you may redownload that Content as often as you wish from your Account, provided your Account remains in good standing. However, Artists may restrict redownloading, in which case affected content may not or may cease to be downloadable more than once. PlayFi shall have no liability to you in the event that a previously downloaded Product becomes unavailable for redownload. Once a Product is downloaded, it is your responsibility not to lose, destroy, or damage it, and PlayFi shall not be liable to you if you do so.

4.8 Digital rights management

Nobody likes digital rights management (DRM), least of all us. However, PlayFi does not restrict the ability of Artists to apply DRM to their Content. If Content is protected by DRM, this must be brought to the reasonable attention of users prior to purchase. In relation to Content protected by DRM, you may not attempt to remove, reverse engineer or otherwise circumvent DRM in a manner that would not constitute fair use, fair dealing or another applicable exception to copyright infringement in the laws of the place in which the act takes place. Any other use of the Content may constitute copyright infringement.

4.9 Promotional uses

Purchasing or otherwise transacting with Content does not transfer to you any promotional use rights in the Content.

4.10 Monitoring

PlayFi has the right, but not the obligation, to monitor any Content submitted by you or otherwise available on the Service, to investigate any suspected breach of this agreement, and to take any action that PlayFi in its sole discretion deems appropriate as a result of such investigation.

4.11 Service discontinuation

You acknowledge that, because some aspects of the Services require the ongoing involvement of PlayFi, if PlayFi changes or discontinues some or all of the Services, you may not be able to use Content you have purchased to the same extent as before. PlayFi may do so at its election and, to the extent permitted by law, PlayFi will have no liability to you in that event.

4.12 Third party Content

Certain Content available via the Service may include materials supplied by third parties. PlayFi may also link to third party websites and materials. You agree that PlayFi is not responsible for examining or evaluating the content or accuracy of such or related materials, and PlayFi does not warrant and, to the extent permitted by law, excludes liability for any loss arising from your use of those third party materials.

5.1 Copyright in PlayFi

The Service is protected by intellectual property (including copyright) and by other laws. These rights are owned by PlayFi and its licensors. You agree that you will not use the Service or any aspect of it in a way that infringes these rights or breaches this agreement.

5.2 Explicit Content

PlayFi does not wish to act as a censor of Content submitted to the Service. As such, when using the Service, you may encounter material that you consider to be offensive, indecent, or objectionable. We will endeavour to point out explicit material where we are aware of it, but are under no duty to do so. You agree that PlayFi will not be liable for any harm caused by such material.

5.3 Defamatory statements

PlayFi is a public website accessible by others. Account holders can post comments without administrator approval. While PlayFi can remove comments if we consider you have been defamed, we do not owe you any duty to prevent these comments or to compensate you for damage that you suffer as a result of what other people may write about you or your activities on the Service. Your first recourse should be with the person who posted such a comment, not PlayFi. To that end, you agree to indemnify PlayFi for any injury arising from Content on this website.

5.4 Acceptable usage

You agree not to post defamatory, offensive, hurtful or obscene content (Prohibited Content) onto the Service, or content that a reasonable person would think could possibly be construed in any of those ways. If someone sues PlayFi in connection with something that you write or post to the Service, you agree to pay the indemnity costs of PlayFi and any related defendants incurred in defending any action, including preparatory legal advice and settlement costs. You also agree to pay any damages awarded.

5.5 Fair access

Use of this website is allowed on a ‘fair access’ basis. This means that you can do anything subject to three limitations (Fair Access Principles):

1. You must not do anything that contravenes or which incites, assists or encourages others to contravene the law;
2. You must not do anything that would infringe the rights of PlayFi or of a third party (eg, copyright); and
3. You must not do anything that would materially limit the ability of others to access the Service (Harmful Activities).

Examples of Harmful Activities include: harvesting content, deliberately sabotaging or undermining the Service's operation, uploading data you know or reasonably suspect could harm the Service, inundating the Service with abnormal or artificially-generated requests, and any activity designed to impair PlayFi, the Service or others’ ability to use it.

6.1 PlayFi appointed as agent

When you purchase Content on PlayFi, PlayFi acts as agent for the seller (who is either the owner of copyright in the relevant Content or their licensee or assign) (Licensor). Transactions are between you and the Licensor of the Content. PlayFi is not a party to the transaction between you and the Licensor, and the Licensor reserves the right to enforce its terms of sale. The Licensor of Content is solely responsible for that Content, including its contents, quality and description, to the extent that it ha not disclaimed such warranties. When you upload Content to PlayFi and specify terms for its distribution, you agree to appoint PlayFi as your agent to act in accordance with the terms you have specified.

6.2 Terms of agency

Once Content is uploaded by you to PlayFi, PlayFi will endeavour to make that Content available for purchase using the Services, with corresponding payments being made to you or the person otherwise nominated by means of the Artist Interface to receive payments (Nominated Beneficiary), minus a deduction for PlayFi's service fees as set out in clause 6.4. PlayFi is not obliged to sell the Content and does not represent that you or your Nominated Beneficiary will obtain any profit or benefit from the Content. PlayFi will pay your Nominated Beneficiary royalties solely in accordance with this agreement when certain actions are taken in relation to the Content, as set out in clause 6.3. Royalties will be paid out at the intervals specified in clause 6.5.

6.3 Royalty events

Royalties will accrue in favour of your Nominated Beneficiary whenever there is the purchase of:

1. download rights to a track or album;
2. streaming rights to a track or album;
3. viewing rights to a live event;
4. archive rights to a live event; or
5. specific licensed rights to a track,

where the track, album or event, as the case may be, consists of your Content.

6.4 Service fees

In order to provide the Services, we must deduct the Service Fee from all transactions involving your content. We reserve the right to vary this service fee from time to time at our sole discretion.

6.5 Payment of royalties

PlayFi will pay royalties to your Nominated Beneficiary whenever: the amount of accrued royalties exceeds the Accrual Amount, or the period since the last royalty payment exceeds 45 days, whichever is the later. PlayFi will pay royalties using PayPal, direct electronic funds transfer or cheque, based on the payment preferences specified in the Artist Interface. PlayFi is not responsible for errors or misdirected payments if the details you supplied were incorrect, and is not liable to repay any amounts mistakenly paid to a third party.

6.6 Payment for transactions

To pay for a transaction on PlayFi, you must use an approved payment method. The payment methods we accept are credit card (Visa and MasterCard only) and PayPal. If a credit card is being used for a transaction, PlayFi may obtain pre-approval for an amount up to the value of the order. Billing will occur at the time of or within 5 business days of your transaction. You agree that you will pay for all Content that is purchased for your Account using the Services, and that PlayFi may charge your payment method for any additional amounts (including any taxes, late fees, and transaction costs) that may be accrued by or in connection with your Account. You are responsible for keeping your payment methods in good standing and for complying with the terms under which those methods are supplied by your third party payment providers. Once you have used a credit card to pay for a transaction, its details will be stored by PlayFi to facilitate future orders. If you want to modify your stored credit card details, you must use the User Interface to do so.

6.7 Pricing information

The amounts payable for Service transactions are expressed inclusive of GST and each such amount includes an amount equal to the GST payable in respect of the supply to which the amount relates. No customers are eligible for tax exemptions for transactions made on the Services. All sales and rentals of Content are final. Prices for products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. Product types and descriptions are provided for convenience, and you agree that PlayFi does not guarantee their accuracy. PlayFi is not responsible for typographic errors.

6.8 Missing Content

If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund, to the full extent permitted by law. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by PlayFi. Your statutory rights are not affected.

6.9 Electronic contracts

Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. Your electronic submissions constitute your agreement and intention to be bound by this agreement and any additional terms of sale, and to pay for such transactions.

6.10 Risk of loss

Risk of loss and title for all electronically delivered transactions pass to the purchaser in Australia upon electronic transmission to the recipient.

6.11 Third party beneficiaries

You agree that PlayFi and its related parties are third party beneficiaries of all transactions on PlayFi. Upon your purchase of any Content, PlayFi will have the right (and will be deemed to have accepted the right) to enforce the resulting contract of sale against you as a third party beneficiary thereof.

6.12 Transaction currencies

All transactions that occur on PlayFi are processed using Australian Dollars.

7.1 Termination

If you breach any term of this agreement, the Privacy Policy or the additional terms of sale applicable to Content, or if we reasonably suspect such a breach, then we may, without notice to you:

1. terminate this agreement, your Account, or both;
2. bill you for any or all amounts payable through your Account until the moment of termination;
3. terminate your licence to use the Service and Content; and
4. prevent your future access to the Service.

PlayFi reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and, to the full extent permitted by law, PlayFi will not be liable to you or to any third party should it exercise such rights. You may cease to use the Service at any time.

7.2 Exclusion of warranties

PLAYFI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PLAYFI MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY PLAYFI) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

7.3 Limitation of liability

IN NO CASE SHALL PLAYFI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PLAYFI'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. PLAYFI SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PLAYFI HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. PLAYFI DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PLAYFI DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM PLAYFI THAT ARE STORED IN YOUR SYSTEM. CERTAIN LEGISLATION, INCLUDING THE TRADE PRACTICES ACT 1974 (CTH), MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON PLAYFI WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH PLAYFI IS ENTITLED TO DO SO, PLAYFI LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT PLAYFI'S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT PLAYFI'S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

7.4 Indemnity to PlayFi

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD PLAYFI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY PLAYFI AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT, TO THE EXTENT PERMITTED BY LAW, YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PLAYFI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PLAYFI'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. PlayFi will not be responsible for failures to fulfill any obligations due to causes beyond its control.

8.1 Changes

PlayFi reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof. No PlayFi employee or agent has the authority to vary this Agreement.

8.2 Entire agreement

This Agreement constitutes the entire agreement between you and PlayFi and governs your use of the Service, superseding any prior agreements between you and PlayFi. If any part of this Agreement is held invalid or unenforceable, the remaining portions shall remain in full force and effect. PlayFi's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.

8.3 Choice of law

The Service is operated by PlayFi from its offices in Melbourne, Australia. You agree to comply with all laws applicable to your use of the Service. This agreement and all transactions using the Service are governed by the laws of Victoria, excluding its conflict of law rules. You agree not to use the Service in a manner that infringes the law applicable to your conduct in any place from which you may access the Service from time to time.

8.4 Choice of jurisdiction

The courts of Victoria, Australia, shall have exclusive jurisdiction to determine any dispute or difference arising out of, connected with or under this agreement, any transaction using the Service, and any related issue.

8.5 Notices

PlayFi may notify you with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.

8.6 Law enforcement

PlayFi reserves the right to take any step we consider to be reasonably necessary or appropriate to enforce or verify compliance with any part of this agreement. This includes the right, without liability to you, to disclose any Account information to law enforcement authorities or a third party rights holder.