Terms of Use

Last Updated: February 1, 2017

The following terms of use (“Terms of Use”) govern your use of Play the Future app (“PTF app”) which is the property of Play the Future inc. ("PTF" or “we”) and of any other PTF game made available via the App Store, Google Play, Amazon Appstore, www.playthefuture.com (“Site”) or on Facebook (together “PTF Games”). By downloading or using PTF Games, you agree to be bound by and comply to these Terms of Use. Please read them carefully before using PTF Games. If you don’t agree with (or cannot comply with) these Terms of Use, then you may not use PTF Games.

PTF Games users are also bound by additional rules when making a prediction while a contest or promotion is underway. A link to the official rules for any contest or promotion will be prominently posted on the prediction card when a contest or promotion is underway.

In order to use PTF Games and enter contests or promotions, you must be 13 years of age or older. Persons who are less than the age of majority in their state, province or territory of primary residence, must have a parent/legal guardian’s permission to participate. Furthermore, a written parent or legal guardian consent may be needed to claim a prize. To be eligible to participate in contests, you must be a Canadian resident or a legal United States resident residing in the fifty (50) United States or Washington D.C., as the case may be. Some additional restrictions may apply to some contests and promotions.  Some contests/promotions may have additional eligibility restrictions listed in the official rules relating to same.

Changes

At all times, PTF reserves the right to modify these Terms of Use at its discretion. The most recent version of the Terms of Use will always be posted on the PTF games with the “As of” date posted at the top of the Terms of Use.  When we make material changes to the Terms of Use, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within PTF Games or by sending you an email. When using PTF Games after the “As of” date you are deemed to consent to our then-current Terms of Use.

Limitation of Liability

The information contained in PTF Games is provided for entertainment purposes only. Users should in no way whatsoever make a purchase decision or other decision based solely on the information provided on PTF Games. We suggest that you visit the brands’ websites or seek information on goods and services advertised through PTF Games directly from brand owners.

Although PTF undertakes all reasonable efforts to ensure the accuracy of the information on PTF Games, information is provided without any warranty of any kind, notably regarding its accuracy, updates or any errors and omissions that it could contain. PTF does not assume any responsibility regarding any use made of the information.

PTF will make reasonable efforts to keep PTF Games operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. In no event does PTF guarantee that PTF Games will be accessible or functional without interruption or that their content is exempt from any virus, defect, harmful element or other damaging component. PTF cannot be held liable for any damage or loss that may result from the use of PTF Games or their content.

Intellectual property

The content of PTF Games is protected by the Copyright Act, the Trade-marks Act and any other applicable legislation. PTF grants a limited, revocable, non-transferable, non-exclusive licence to users of PTF Games. PTF Games layout, content, graphics, photographs, images, audio, video, trademarks and other features are the sole property of PTF, its affiliates or licensors.

It is strictly prohibited to copy, modify, reproduce in multiple copies, publish, transmit, distribute, sell, reverse-engineer, decompile, disassemble or create derivative work from the content of PTF Games, in whole or in part, without written authorization from PTF. You are however allowed to display, store, download or print the content of PTF Games, but only for personal use, as long as it is not modified, the copyright notices are maintained and the source of the document is displayed. It is also not permitted to “crawl” PTF Games or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from PTF Games.

PLAY THE FUTURE and PLAY THE FUTURE logo are trademarks properties of Play the Future inc. Other trademarks, names, words, logos or drawings may also constitute trademarks owned by Play the Future inc., its affiliates or a third party. It is strictly prohibited to use trademarks and trade names on PTF Games in any other way than the one authorized herein or by written authorization from PTF or the owner or the trademark.

Any reference to a source, a legal or natural person or to a third party’s trademark as part of a prediction card, prize or any other way on PTF Games or the Site, should in no way be interpreted as an endorsement or any association with such persons or entities, unless otherwise stated in any Official Rules, PTF Games or the Site.

User guidelines

PTF Games include social and interactive features, including the ability to challenge friends, send messages, share PTF Games content, and make certain information about you public.

Any electronic message sent to an electronic address using tools made available to you directly or indirectly by PTF (e.g. SMS, emails, Messenger, etc.) must be sent exclusively to persons with whom you have a personal relationship, or to family members.

Don’t engage in any activity, post, share any content or register and/or use a username, which is or includes material that:

  • is offensive, harmful, hateful, abusive, defamatory, pornographic, threatening, obscene, vulgar, invasive or another’s privacy, libelous, racially, ethnically or otherwise objectionable;
  • is intended to or does harass or bully other users;
  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of any party;
  • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to PTF Games or enjoyment;
  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  • involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
  • involves commercial or sales activities or links to, references, or otherwise promotes commercial products or services, except as expressly authorized by PTF; or
  • interferes with or in any way disrupts PTF Games.

You acknowledge and agree that posting or sharing such content may result in immediate termination or suspension of your PTF Games account. You understand that you are responsible for all use of your account.

Links

PTF Games may include links to websites independent from PTF. These links are provided solely as a convenience to you. PTF is not liable for these websites' content and does not endorse it. PTF may not be held liable for any damage, of any kind whatsoever, resulting from surfing on and using these websites.

Third party additional usage rules

Since PTF Games have been made available to you from a third party app store or platform, your use of PTF Games may be governed by rules established by the app store provider or such third party platform which relate to your usage of PTF Games in addition to these Terms of Use.

Privacy

PTF respects your right to the privacy of your personal information. Please review our Privacy Policy for details.

Disclaimer of Warranties; Limitations of Liability

YOUR USE OF THE PTF GAMES AND PARTICIPATION IN ANY ACTIVITIES AVAILABLE THEREON, IS SOLELY AT YOUR OWN RISK.  THE PTF GAMES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND BY PTF OR ITS AFFILIATES, AS APPLICABLE.  TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PTF AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.  THERE IS NO WARRANTY THAT THE PTF GAMES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  PTF AND/OR ITS AFFILIATES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PTF GAMES PLATFORM WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE.  YOU AGREE THAT YOU WILL NOT HOLD PTF AND/OR ITS AFFILIATES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING OR USING THE PTF GAMES, INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS SAME.  YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO PTF AND/OR ITS AFFILIATES, AS APPLICABLE.  WITHOUT LIMITING THE FOREGOING, PTF DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, OR QUALITY OF THE PTF GAMES OR INFORMATION TRANSMITTED VIA THE PTF GAMES, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE PTF GAMES, OR INFORMATION TRANSMITTED VIA THE PTF GAMES.  IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS, SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PTF GAMES.  WITHOUT LIMITING THE FOREGOING, PTF MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE PTF GAMES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE PTF GAMES IS AT YOUR SOLE RISK.

IN NO EVENT SHALL PTF OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUPPLIERS AND/OR AFFILIATES BE RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS, LOSS OF USE, OR ANY OTHER INTANGIBLE LOSS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THESE TERMS OF USE, THE PRIVACY POLICY, ANY APPLICABLE RULES, OR THE LAW; (II) YOUR ACCESS OR USE OF THE PTF GAMES; (III) ANY THIRD PARTY’S ACCESS OR USE OF THE PTF GAMES UNDER YOUR USER NAME OR PASSWORD; (IV) YOUR INABILITY TO ACCESS OR USE THE PTF GAMES FOR ANY REASON OR FOR ANY PERIOD OF TIME; (V) YOUR DOWNLOADING OF ANY SOFTWARE OR CONTENT; (VI) YOUR RELIANCE UPON OR USE OF ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES; (VII) THE BREACH OF PTF’S SECURITY; OR (VIII) THE UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION; EVEN IF PTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, PTF’S LIABILITY IS LIMITED TO YOUR ACTUAL DIRECT DAMAGES, IF ANY, BY YOU TO PTF FOR USE OF THE PTF GAMES.

Without limiting the foregoing, PTF is not responsible for any damage to any user’s equipment, computer, software, phone or wireless device due to accessing the PTF Games or downloading of any software or information necessary to use the PTF Games.  There is no stated or assumed guaranteed service level for the PTF Games and the PTF Games may not always be free of errors.  Under no circumstances will PTF be responsible for errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the PTF Games.

Some state or provincial laws do not allow limitations on certain warranties or damages.  If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify PTF and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of these Terms of Use; (2) any user content; (3) any activity in which you engage on or through PTF Games; and (4) your violation of any law or the rights of a third party.

Applicable Laws

The laws of the province of Quebec and of Canada govern the use of PTF Games regardless of your place of residence or location. You hereby agree to submit any litigation concerning the access and use of PTF Games to the exclusive jurisdiction of the courts in the judicial district of Montreal (Quebec).

Miscellaneous

  • You may only use those portions of the PTF Games made available to you.  You are forbidden to access or attempt to access other user’s information or to otherwise attempt to violate the security or systems of the PTF Games.
  • We will not be responsible for any losses or damages incurred due to unauthorized appropriation of information, encrypted or otherwise, transmitted to or from the PTF Games.
  • If any part of these Terms of Use, Privacy Policy, or any applicable Official Rules are deemed by a court of competent jurisdiction to be unlawful, void or unenforceable, the Terms of Use, Privacy Policy, or Official Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms of Use, Privacy Policy, or Official Rules that is deemed unlawful, void or unenforceable shall be stricken or revised, if possible, to retain the intent thereof.

 

Contact us

If you have any questions or comments regarding these Terms of Use or PTF Games functionalities, please contact us at support@playthefuture.com

Play the Future inc.

2100 Drummond Street

Montreal (Quebec)

H3G 1X1