Welcome to our alpha website, offered to you by ZipZapPlay, Inc. ("ZipZapPlay"). Subject to your agreement with these Terms of Service (the "Agreement"), this website (collectively, including all content and functionality available through the www.PlayCrafter.com domain name, the "Website") provides you with access to ZipZapPlay's proprietary content and related documentation and information and any other such service provided by ZipZapPlay (the "Service" or "Services"). By using our innovative Service, you will be able to play, create and share games (the "PlayCrafter Games") with other community members.

BY DOWNLOADING, ACCESSING OR USING ANY PART OF THE WEBSITE OR THE SERVICES OR REGISTERING FOR AN ONLINE USER ACCOUNT THROUGH THE WEBSITE (THE "PLAYCRAFTER ACCOUNT"), YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY (A) THE AGREEMENT AND (B) ZIPZAPPLAY'S PRIVACY NOTICE (ACCESSIBLE BY CLICKING ON THE 'PRIVACY' LINK IN THE FOOTER (THE "PRIVACY NOTICE")). IF YOU DO NOT AGREE TO EITHER THE AGREEMENT OR THE PRIVACY NOTICE, PLEASE DO NOT ACCESS OR USE THE WEBSITE, AND YOU DO NOT HAVE OUR AUTHORIZATION TO USE ANY OF THE SERVICES.

ZIPZAPPLAY MAY MODIFY THIS AGREEMENT AT ANY TIME, IN OUR SOLE DISCRETION, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS, AND YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Services Terms and Limitations.

1.1. Intellectual Property Rights. The Service is proprietary to ZipZapPlay and is protected by intellectual property laws and international intellectual property treaties. The entire contents of Website (the "Content") are copyrighted as a collective work under the laws of United States and other copyright laws. ZipZapPlay holds the copyright in the collective work. The collective work may include works that are the property of other third parties which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of Website solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Website. You may not use any ZipZapPlay logo or any other proprietary graphic or trademark without ZipZapPlay's express written permission. As between the parties, title, ownership rights, and intellectual property rights in the Material (as defined below), and any copies or portions thereof, shall remain in ZipZapPlay and/or its content providers. Third-party trademarks, service marks and logos contained in the Website are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved.

1.2. Grant of Limited License. The Services and our Website is being provided for evaluation purposes only. Your access to the Service is licensed and not sold. Subject to your compliance with this Agreement, ZipZapPlay agrees to provide you with a personal, revocable, non-transferable and non-exclusive account enabling you to access and use the Service and the Website. All ZipZapPlay content that is made available to view, use and/or download in connection with the Service is owned by and is the copyrighted work of ZipZapPlay and/or its suppliers and is licensed, not sold. Your use of such content (including the use of the materials that you download in connection with the use of the Services, along with any documentation, text, software, photos, video, graphics, and music, sound or other multimedia files that might accompany it (collectively, "Material")) is governed by this Agreement.

1.3. User's Agreement. In order to access some features of the Website, you will have to PlayCrafter Account. You agree to: (a) maintain the security of your user identification, password and other confidential information relating to your PlayCrafter Account; and (b) be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) be responsible for all charges resulting from use of your PlayCrafter Account, including unauthorized use prior to your notifying ZipZapPlay in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the terms and conditions set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Website.

1.4. User Representations. You represent and warrant to ZipZapPlay that: (i) you are over the age of thirteen (13) and have the power, authority or consent to enter into and perform your obligations under this Agreement; (ii) all information provided by you to ZipZapPlay is truthful, accurate and complete; (iii) you are the authorized signatory of the credit or charge card provided to ZipZapPlay to pay the Fees; (iv) you shall comply with all terms and conditions of this Agreement; (v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number; and (vi) each time you upload a User Submission on Website or through the Service, (vii) you represent and warrant that you own or otherwise control the rights or have the necessary consents to upload or post such User Submissions and to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement.

1.5. Restrictions.

1.5.1. You may not, directly or indirectly, (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works (except as expressly permitted in this Agreement) based on the Services or the Material; or (b) copy the Material, the Content or any User Submissions or engage in any other acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of ZipZapPlay and the copyright owner; or (c) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Material, the Content or any User Submissions, in whole or in part; or (d) remove any proprietary notices or labels on the Material, the Content or any User Submissions.

1.5.2. You are responsible for your communications and your use of the Website. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to Service with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use the Service to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (g) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (h) upload files that contain a virus or corrupted data; (i) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to the Website; (j) falsify the source or origin of software or other material contained in a file that you upload to the Website; (k) use the Service in a manner that adversely affects the availability of its resources to other users; (l) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to the Service the user directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by ZipZapPlay); (m) falsely purport to be an employee or agent of ZipZapPlay; (n) cause repeated disruptive incidents; (o) act, or fail to act, in your use of the Service, in a manner that is contrary to applicable law or regulation; (p) distribute in any medium any part of the Website, including, but not limited to, any User Submissions (as defined below), without ZipZapPlay's prior written consent; (q) access User Submissions or any content on the Website through any technology or means other than the Services or other explicitly authorized means ZipZapPlay may designate; (r) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein; (s) use the Service, any Content or any User Submissions for any commercial use, without the prior written authorization of ZipZapPlay; or (t) engage in any other activity deemed by the ZipZapPlay to be in conflict with the spirit or intent of this Agreement. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of ZipZapPlay to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in Website, nonetheless, ZipZapPlay reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

2. Privacy Policy. ZipZapPlay considers its users' privacy to be of the utmost importance. Please see our Privacy Notice (by clicking on the 'privacy' link in the footer) for a detailed description of our information gathering and dissemination practices for Website.

3. User Submissions; On-Line Communications.

3.1. User Submissions.

3.1.1. ZipZapPlay does not claim ownership of any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to public areas of Website (such as bulletin boards ("BBSs"), forums and chat rooms), video content and textual content, comments and feedback, and PlayCrafter Games you create (collectively, the "User Submissions").

3.1.2. By posting, uploading, submitting, or inputting any User Submissions to the Website or through the Service, alone or as part of other works, you agree to grant to ZipZapPlay a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such User Submissions (including without limitation, ideas contained therein for new or improved products or services) in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses; and to publish your name in connection with your User Submission. You also hereby grant each user of the Website (each a "User") a non-exclusive, royalty-free license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement. With respect to any User Submissions consisting of multimedia files (other than any PlayCrafter Games), the above licenses granted by you shall terminate within a commercially reasonable time after you remove or delete of such video files from the Service. You understand and agree, however, that ZipZapPlay may retain server copies of such User Submissions that have been removed or deleted. The above licenses granted by you with respect to any other types of User Submissions are perpetual and irrevocable. You hereby waive your moral rights in any such User Submissions, and you hereby warrant that any such User Submissions are original with you, or that you have the right to submit such User Submissions. You agree that you shall have no recourse against ZipZapPlay for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that (a) no compensation will be paid with respect to the use of your User Submissions, as provided herein; (b) ZipZapPlay is under no obligation to post or use any User Submission you may provide; and (c) ZipZapPlay may remove any User Submission at any time in its sole discretion.

3.1.3. You may access User Submissions solely in accordance with the terms of this Agreement, and for Streaming. For the purpose of this Agreement, "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing any Content or User Submission for any purpose or in any manner other than Streaming is expressly prohibited.

3.2. On-Line Communications. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by ZipZapPlay. ZipZapPlay cannot and does not screen content provided by you to Website or through the Service. Notwithstanding the foregoing, ZipZapPlay reserves the right to monitor content on Website and to remove content, which ZipZapPlay, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or ZipZapPlay's operating policies for Users. Except as described herein, any communication which you post on any public area of Website (e.g., comments, forums, etc.) or any comment and feedback you may provide regarding the Service or the Website is considered to be non-confidential.

4. Operation. ZipZapPlay reserves complete and sole discretion with respect to the operation of Website and the Services. ZipZapPlay may, among other things: (a) make available to third parties information relating to Website and Users (subject to our Privacy Notice); and (b) withdraw, suspend or discontinue any functionality or feature of Website or the Service. ZipZapPlay may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, chats and User Submissions and authorize restrictions on access thereto. ZipZapPlay may, but is not obligated to, provide updates or improvements to the Service.

5. Other Sites. The Service may allow you to interact with third-party Web sites and Web services ("Link(s)"). ZipZapPlay makes no representations concerning any effort to review all of the content of sites listed in its Website. Links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. The Links are not under the control of ZipZapPlay and ZipZapPlay is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. ZipZapPlay is not responsible for any form of transmission received from any Link, nor is ZipZapPlay responsible if the Link is not working appropriately. ZipZapPlay is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by ZipZapPlay of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links. You are solely responsible for any dealings with third parties (including advertisers) who support the Service, including the delivery of and payment for goods and services.

6. Disclaimers.

6.1. Disclaimer of Warranties. ZIPZAPPLAY PROVIDES THE SERVICE, THE WEBSITE AND THE CONTENT "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ZIPZAPPLAY, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE "ZIPZAPPLAY PARTIES") MAKE NO WARRANTIES. THE ZIPZAPPLAY PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. ZIPZAPPLAY CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. ZIPZAPPLAY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ZIPZAPPLAY DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. ZIPZAPPLAY MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.

6.2. Disclaimer of Third Party Information. ZipZapPlay does not and cannot review all communications and materials posted or uploaded to Website and is not responsible for the content of these communications and materials. However, ZipZapPlay reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to ZipZapPlay. You understand that when using the Website, you will be exposed to User Submissions and third party content from a variety of sources, and that ZipZapPlay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or third party content. You further understand and acknowledge that you may be exposed to User Submissions and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ZipZapPlay with respect thereto.

7. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ZIPZAPPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR PlayCrafter Account (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING WEBSITE USING YOUR PlayCrafter Account.

8. Waiver and Release. YOU AGREE THAT NEITHER ZIPZAPPLAY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF WEBSITE, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT ZIPZAPPLAY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ZIPZAPPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ZIPZAPPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF WEBSITE, THE SERVICE, OR THE CONTENT.

9. Limitation of Liability. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF ZIPZAPPLAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE ZIPZAPPLAY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZIPZAPPLAY ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The Website is controlled and offered by ZipZapPlay from its facilities in the United States of America. ZipZapPlay makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Third Party Rights. The provisions of Sections 7 (Indemnification), 8 (Waiver and Release) and 9 (Limitation of Liability) are for the benefit of ZipZapPlay and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

11. Term and Termination. The term of this Agreement shall commence on the date you access the Website and shall terminate as set forth herein. Either you or ZipZapPlay may terminate your right to use Website at any time, with or without cause, with or without notice. The provisions of Sections 1.1 (Intellectual Property Rights), 1.3 (User's Agreement), 1.4 (User Representations), 1.5 (Restrictions), 3 (User Submissions; On-Line Communications), 4 (Operation), 5 (Other Sites), 6 (Disclaimers), 7 (Indemnification), 8 (Waiver and Release), 9 (Limitation of Liability), 10 (Third Party Rights), 11 (Term and Termination), 13 (Miscellaneous), and 14 (Notice) shall survive any termination of this Agreement.

12. Copyright or Intellectual Property Infringement Notification. ZipZapPlay respects the intellectual property rights of others. You can notify ZipZapPlay of possible copyright infringement, and ZipZapPlay will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:

(a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on Website reasonably sufficient to permit ZipZapPlay to locate the material;

(d) Your contact information, including your address, telephone number, and email;

(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be sent to support@playcrafter.com or to ZipZapPlay, Inc., 530 Howard Ave Ste 470, San Francisco, California 94105.

13. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over ZipZapPlay, either specific or general, in jurisdictions other than California. You agree that any legal action or proceeding between ZipZapPlay and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States. Any cause of action or claim you may have with respect to ZipZapPlay must be commenced within one (1) year after the claim or cause of action arises. ZipZapPlay's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement, together with the Privacy Notice and any other legal notices published by ZipZapPlay on the Website, constitute the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 7, 8, 9, and 10 are intended to benefit ZipZapPlay and its officers, directors, employees, agents, licensors, and suppliers. ZipZapPlay may assign its rights and duties under this Agreement to any party at any time without notice to you.

14. Notice. ZipZapPlay may deliver notice to you under this Agreement by means of electronic mail, a general notice on Website, or by written communication delivered by first class U.S. mail to your address on record in your PlayCrafter Account. You may give notice to ZipZapPlay at any time via electronic mail to Website to the following address:

ATTN: Member Services support@playcrafter.com