The Play Valet

Terms of Service

and End-User License Agreement

Last updated: 20 October 2021

The Play Valet—both the client applications and the hosted service—is licensed to You (End-User) by Legacy of Play, LLC, located at 3150 Orleans St #28791, Bellingham, WA 98226, United States (a.k.a. Legacy of Play), for use only under the terms of this Agreement.

By downloading the Play Valet (hereafter known as “Application”) from the Apple App Store, the Google Play Store, or through the web, and any update (as permitted by this Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Agreement, and that You accept this Agreement.

The parties of this Agreement acknowledge that neither Apple nor Google is a Party to this Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support. Legacy of Play, LLC, not Apple nor Google, is solely responsible for the Application and its content.

This Agreement may not provide for usage rules for the Application that are in conflict with the latest Apple Media Services Terms and Conditions or Google Play Developer Distribution Agreement. Legacy of Play, LLC acknowledges that it had the opportunity to review said terms and this Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

We hope you take some time to read through this carefully, as it is important. If there are any terms that you do not agree with, please stop using the Play Valet platform.

1. The Application

The Play Valet is a platform intended to help people get the most out of tabletop gaming. It is a production of Legacy of Play (“we”, “us”, “our”, and “company”), who can reached via email at hello@legacyofplay.com. It is comprised of several sites, services, and applications.

Each version of the Play Valet was customized for the device for which it was intended (e.g. the iOS version is customized for Apple devices).

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Scope of License

2.1. By downloading the iOS version of the Application, You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the Apple Media Services Terms and Conditions, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2. By downloading the Android version of the Application, You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any Google-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the Google Play Developer Distribution Agreement.

2.3. This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.4. You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Media Services Terms and Conditions, and with Legacy of Play, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.5. You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part or the Application (except with Legacy of Play, LLC's prior written consent).

2.6. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or any portion of the Application. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Apple Media Services Terms and Conditions, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.7. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.8. Licensor reserves the right to modify the terms and conditions of licensing.

2.9. Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. Technical Requirements

3.1. Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

3.3. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. Maintenance & Support

4.1. Legacy of Play, LLC is solely responsible for providing any maintenance and support services for this licensed Application, and can be reached at https://www.legacyofplay.com/contact-us.

4.2. Legacy of Play, LLC and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. Use of Data

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://www.playvalet.app/privacy-policy.

6. Liability

6.1. Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

6.2. Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

7. Warranty

7.1. Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

7.2. No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Legacy of Play, LLC's sphere of influence that affect the executability of the Application.

7.3. If we confirm that the Application is defective, Legacy of Play, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

7.4. In the event of any failure of the Application to conform to any applicable warranty, You may notify the App Store Operator (e.g. Apple), and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App Store Operator will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is the responsibiity of the Licensor.

7.4. If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

8. Product Claims

Legacy of Play, LLC and the End-User acknowledge that Legacy of Play, LLC, and not Apple nor Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.

9. Legal Compliance

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

10. Contact Information

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact: Legacy of Play, LLC, 3150 Orleans St #28791, Bellingham, WA 98226, USA.

11. Termination

The license is valid until terminated by Legacy of Play, LLC or by You. Your rights under this license will terminate automatically and without notice from Legacy of Play, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

12. Third-party Terms of Agreements and Beneficiary

Legacy of Play, LLC represents and warrants that Legacy of Play, LLC will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and—upon Your acceptance of the terms and conditions of this license agreement—Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof

13. Intellectual Property Rights

Legacy of Play, LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Legacy of Play, LLC, and not Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

14. Applicable Law

This license agreement is governed by the laws of the State of Washington excluding its conflicts of law rules.

15. Miscellaneous

17.1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.