Terms of Use

Terms & Conditions

Last amended: 27 August 2013

1 Terms and Conditions

1.1 Acceptance of Terms and Conditions

The Oneplay.com website (collectively, the "Websites"), the OnePlay mobile application and associated services (the "Mobile App"), the OnePlay digital client desktop software (the "Digital Client") and the OnePlay Subscription Rental Service and other services offered and delivered by OnePlay (the "Service") are owned and operated by the OnePlay LLC and/or one of its subsidiaries or mother company (hereinafter referred to as "OnePlay", "we" or "us").

These terms and conditions ("Terms and Conditions") are deemed to incorporate our Privacy Policy and our End User Licence Agreement, which you should read together with these Terms and Conditions.

Your use of the Website and your use and/or purchase of OnePlay Products and Services whether accessed via the Website or any other Device is at all times subject to these Terms and Conditions as applicable (which forms a legally binding contract between you and us) and all applicable laws.

By accessing this Website or using and/or purchasing OnePlay Products and Services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase OnePlay Products and Services.

1.2 Changes to Terms and Conditions

We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of OnePlay Products and Services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase OnePlay Products and Services (as applicable). Your use of this Website or your use and/or purchase of OnePlay Products and Services after changes are made means that you agree to be bound by such changes.

1.3 Membership and Billing

You can find the specific details regarding your subscription with OnePlay including your next billing date, at any time by clicking on the relevant section of the website.

2 Using OnePlay - Minimum Criteria

2.1 Minimum Criteria

To become a Member of OnePlay or use or purchase any of the OnePlay Products and Services, as a minimum:

You must be 18 years of age or older to subscribe to the Digital Subscription Service and must be 13 years of age or older to use the Mobile App or Digital Client. WHILE INDIVIDUALS UNDER THE AGE OF 18 MAY UTILIZE THE ONEPLAY SITE OR SERVICE, THEY MAY DO SO ONLY UNDER THE SUPERVISION AND WITH THE CONSENT OF A PARENT OR LEGAL GUARDIAN;

·         have a valid payment option, ie Debit or credit card, PayPal or other payment options OnePlay offers; and

·         you agree that you must provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and you agree to update us (through the "My account" section of this Website) if at any time your personal details change by updating the relevant sections of the website.

2.2 Updating address details

If you change address, you must update your address details in the relevant section of the website to ensure that no Games are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any Games posted to the wrong address.

2.3 Refusal of application

We may refuse any application to join become an OnePlay Member or receive to use or purchase any of OnePlay Products and Services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.

3 Membership of and Subscription to OnePlay

3.1 Becoming a Member

Provided that you meet the Minimum Criteria (see clause 2 (Joining Us - Minimum Criteria) above), you may register as an OnePlay registered user of the Website free of charge (a "Member"). To become a Member you need to go to the relevant section of this Website, then submit your email address to OnePlay and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

3.2 Access to and filtering of Content

Some of the content provided on this Website or via OnePlay Products and Services may not be suitable for anyone under 18 years of age. Access to such content is disabled by default and not accessible to non-registered users. We allow Members to configure filtered access to such content, but also advise parents or guardians to supervise their children's use of this Website.

3.3 Membership

As a OnePlay Website Member you will receive access to certain sections, features and functions of the Website that are not available to non-members. After you have become a Member of OnePlay, you may also subscribe to use and/or purchase OnePlay Products and Services. Please note that there are additional Terms and Conditions that apply to your use and/or purchase of such OnePlay Products and Services.

3.4 OnePlay Products and Services:

OnePlay Products and Services include:

·         the Rental Service, only available within the EU (the additional terms and conditions for this service are set out in clauses 5, 6, 7, 8, 9 and 10);

·         Digital Subscription Service;

3.5 Other Terms and Conditions, Rules incorporated

Any terms and conditions, additional usage rules or similar on this Website or on a Device relating to any OnePlay Product and Service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.

3.6 Changing fees and charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of OnePlay Products and Services. We will notify subscribers by email at least 30 days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription online through the "My account" section of the Website.

4 Free Trial

4.1 Eligibility for a Free Trial

Free trials are only available to new subscribers to the OnePlay Rental Service. Previous subscribers or triallists (of OnePlay or any other service provided by the OnePlay group of companies and any websites powered by OnePlay) do not qualify for a free trial. The free trial is available only once to any one person and to only one member of a household. Subsequent free trials by the same person at any address, or by another person at the same address, are not permitted. You must have internet access and valid payment details to redeem a free trial offer.

Upon registering for your free trial, your method of payment will be authorised for up to three months of service - to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit. No actual charges, however, will be made against the card if you cancel and return all discs to us prior to the end of your free trial.

Your free trial period will commence on the date registration is completed and the account is successfully created.

4.2 Billing Starts unless you Cancel

We will begin billing you at the end of your free trial, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the OnePlay Rental Service, unless you cancel prior to the end of your free trial. We will continue to bill you by your chosen payment method for the OnePlay Rental Service until you complete the cancellation process. You must cancel your account (through the "My account" section of the Website) and return all discs to us before the end of your free trial to avoid charges. For instructions on how to do this, see clause 8 (Cancellation by you and Termination by us) below.

4.3 Changes to Package or Details during Free Trial

You may change (upgrade or downgrade) your subscription package once during a free trial. Any additional, subsequent change to your subscription package or any change at all to your delivery address details (including your postcode) during any free trial period will, in either case, result in the termination of the free trial and the start of your regular billing as described in this clause 4 (Free Trial).

5 OnePlay Services

5.1 Payment Subscription Services

As a subscriber to OnePlay, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of OnePlay. The subscription charges for the OnePlay Rental Service will be charged on the day immediately after your free trial ends (if applicable) or on the first day you subscribe to the OnePlay Rental Service if you are not eligible for a free trial; and, from then on, on the calendar day corresponding to the commencement of your membership subscription (each, a "Subscription Renewal Date"). This charge will continue on each Subscription Renewal Date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) (your "Subscription Month") on or after your Subscription Renewal Date. All fees and charges are non-refundable. If you wish to use a different payment method, or if there is a change in your card validity or expiry date, you may edit payment details through the "My account" section of the Website. We do not provide refunds for cancellations part-way through the billing period. Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a €10 handling charge for all such cases. You agree not to hold us responsible for banking charges incurred due to payments on your account.

The games and content we publish and/or distribute through the OnePlay Site and Services are strictly for personal and non-commercial use. Subject to the terms and conditions of this Agreement, including your payment of all applicable fees, we agree to deliver games to you and grant you a limited, non-exclusive, non-transferable, revocable, non-sub licensable license to access the OnePlay Site and Services for that limited purpose only. All rights not explicitly granted herein are reserved by OnePlay or its licensors. Any unauthorized use of the OnePlay Site and Services will automatically and immediately terminate your subscription and the license(s) granted by us. OnePlay may make the Digital Client or app available to active subscribers to the Service. The Digital Client or app allows you to download an unlimited number of games to your computer from a limited library of titles. OnePlay makes no guarantees to deliver certain titles as part of the Subscription Service and the availability of a title may change without notice. Subject to the terms and conditions of this Agreement, if you are an active subscriber to the Service, OnePlay hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sub licensable license to download and use a compiled code copy of the Digital Client for one OnePlay account on one computer owned or controlled by you, for your personal use. The Digital Client may allow you to download and install certain third party game software on your computer (the "Downloaded Games"). In addition to the terms and conditions of this Agreement, you acknowledge and agree that your use of each Downloaded Game shall be subject to a separate license agreement between you and the applicable licensor for such Downloaded Game (each, a "Downloaded Game EULA"). Unless otherwise set forth in an applicable Downloaded Game EULA, you are only licensed to use each Downloaded Game for so long as you maintain an active subscription to the Service.

 

5.1.1 Purchases and Pricing for sale products

The OnePlay Site and Services may offer used, new, pre-purchase and pre-order items for sale. Prices and availability of products on the OnePlay Site and Services are subject to change without notice. We reserve the right to limit purchase quantities. Dealer orders will not be accepted without prior written permission. Free shipping applies to purchases of games purchased within the EU.

OnePlay reserves the right to cancel any order placed through any portion of the OnePlay Site and Services.

Prices for used, new, pre-purchase and pre-order items are displayed on the OnePlay Site and Services as these items become available.

With respect to items placed into or saved to your shopping cart, we will confirm the total price of your order before you complete the checkout process, and authorize your Payment Method for the total price before it enters the fulfillment process; however, we do NOT charge your Payment Method until after your order has entered the fulfillment process unless it is a pre-purchase including an unreleased title. Your Payment Method is charged in full for pre-purchases when the order is placed.

From time to time, a small number of items may be mispriced. Errors will be corrected where discovered and OnePlay reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted.

If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item's correct price is higher than our stated price, we will (at our discretion) either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

 

All digital game sales are final and cannot be returned.

 

5.2 Changing your Rental Service Level

You may upgrade or downgrade your OnePlay subscription Rental Service level as often as you like, through the "My account" section of the Website. Any upgrade or downgrade is measured by the different monthly costs of the Rental Services you are changing from and to, not by the features of those different services. That value will be displayed on the relevant section of the Website before you choose to upgrade/downgrade. Any reduction in your bill resulting from a downgrade will take effect at the next billing period after any outstanding discs have been received to us. Any increase in your bill resulting from an upgrade will take effect immediately, being pro-rated to the remainder of your billing period, and the increase will be charged immediately (without changing any subsequent billing dates). Additional charges, resulting from an upgrade, are non-refundable. Any change to your subscription package during your free trial, will result in the termination of the free trial and the start of your regular billing.

5.3 Rental Service Disc Restrictions

All of our Rental Service packages allow you to have a maximum number of discs out on rent at any one time. Once you have received that maximum number of discs, you will not receive any further discs until we have processed discs that you have returned. In addition, some of our Rental Service packages only allow you to rent a certain number of discs in any one Subscription Month (known as "capped" or " use" packages). Once you have received that maximum number of discs in a given Subscription Month, we will not send you any further discs until after we charge your next monthly subscription fee to your credit/debit card, although you may be able to purchase extra rentals (see clause 5.4 below). You may not carry over any unused portion of your disc entitlement for a given Subscription Month to the next Subscription Month.

5.4 Extra Rentals

From time to time, if you have a capped package (i.e., a package that only allows you to rent a certain number of discs in any one Subscription Month), we may give you the option to purchase extra rentals to use in those Subscription Months when you have received the maximum number of discs your package allows. This option will not be available if you are on a free trial. If this option is available to you, you will be able to access it in the "My account" section of the Website. If you have purchased extra rentals, we will automatically send the next available disc(s) from your rental list (up to your at-home maximum) and adjust your extra disc rentals balance accordingly. The cost of each extra rental will be clearly displayed on the relevant page of the Website before purchase and will be added to your account and billed on your next billing date. Each extra rental will expire 3 years from the date of purchase. Extra rentals cannot be cancelled after purchase and will not be refunded if your subscription ends for any reason.

5.5 Account Holiday

From time to time, we may make available the facility for you to take an account holiday. Unless we specify otherwise, you can take an account holiday at any time for a period of up to 90 days (and a minimum of one week) by going to the "My account" section of the Website. If this facility is available, you will be able to take no more than two account holidays in any 12 month period. Any discs returned during your holiday period will not be exchanged for new ones until the last day of your holiday. If your account holiday is longer than 5 days then you must return all discs to us within 5 days of the start of your holiday or you may be regarded as continuing to receive the service and subject to the usual monthly subscription charges. Your account holiday will end automatically on the last day of the period you selected and you will not be billed during that period.

If your account holiday extends over a billing date, then at the end of your account holiday, we will adjust the following month's subscription charge on a pro rata basis to reflect the difference between: (a) the period between the date your account holiday started and the billing date following the start date; and (b) the period between the date your account holiday ended and the billing date following the end date. If your account holiday starts and ends between billing dates, then we will reduce the amount charged at the next billing date on a pro rata basis to reflect the length of the account holiday. During an account holiday you will not be able to use the Rental Service or any service or benefit you are entitled to receive in connection with it, such as the ability of un rental subscribers to watch Films on a subscription basis on our Watch Online Service. If your rental package gives you a Monthly Allowance for our Watch Online Service, you will lose any remaining minutes when you start your account holiday. When your account holiday ends and you start paying for the Rental Service again, you will receive a Monthly Allowance on a pro-rata basis for that Subscription Month.

6 Delivery And Return Of Discs; Lost Discs

6.1 Delivery to European addresses only

Discs can only be delivered to addresses within the European Union this excludes PO Box addresses.

6.2 Delivery of discs

We currently use Post Denmark, prepaid postage, to deliver and return the discs you have selected to play. Actual delivery times may vary for you depending on our stock availability, your delivery address, when you make your selection and circumstances impacting delivery by the Postal Service.

6.3 Alternative delivery methods

We reserve the right to use alternative delivery methods without prior notification.

6.4 No guarantee of priority; no responsibility for delays, etc

Although we allow you to prioritize the order in which you would like to receive discs, we cannot guarantee that such requests are met. We will endeavor to ship your next rental(s) within one business day of receiving your previous rental(s) back into our Distribution Centre. You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery of discs.

6.5 Lost Discs; charges for lost discs; Post Denmark’s compensation process

You must wait a minimum of four working days before reporting a disc as not received or lost on the way back to us. It is your responsibility to then report all lost discs online. We are unable to offer a refund for any discs which are paid for by you and then found at a later date. You must comply with either Post Denmark's claim compensation process or our process. Failure to comply with these processes, as amended from time to time, will result in a charge being made for the lost disc. We reserve the right to cancel your membership subscription if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

The current charges are € 49 per lost game.

6.6 Items sent to us in error

We cannot be held responsible for items belonging to you or those belonging to a third party, which are sent to us in error. Where possible, we will try to return these items, but are unable to compensate you for the loss of such items and we shall have no liability therefore.

6.7 Discs stolen in your possession

You accept full responsibility for discs which are stolen whilst in your possession, and you will have to pay the full replacement costs.

7 Use And Care For Discs

7.1 Restrictions on use of discs; strictly for personal, private use, etc

You agree that you will not infringe any rights, including intellectual property rights, of any person, including, without limitation, copying, reproducing, screening, republishing or otherwise modifying any material provided as part of the any Rental Service, including the discs. You must use the discs you rent strictly for personal, private use and not for any direct or indirect commercial purpose. You must comply with the terms of any copyright notice displayed on any disc or in its contents. You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any OnePlay discs in any way at any time.

7.2 Viewing of age-restricted discs

You agree that you will be responsible for any viewing of any disc supplied by us to you and that any minor's viewing of any discs will be restricted by you consistent with any applicable game classification applied to that disc by the European PEGI organization.

7.3 Responsibility and charges for damaged discs

You agree to treat the discs and their associated packaging with the utmost care at all times. You agree that we may charge your payment method if it is returned in an unreasonable condition (reasonable wear and tear accepted). In this event, we will give you advance notice before charging you.

The current charges are € 49 per damaged game.

8 Cancellation By You And Termination By Us

8.1 Cancellation by you

As noted above, you may cancel your subscription to OnePlay service at any time. To cancel, go to the "My account" section of the website and follow the instructions under the heading "Cancel My Account". We may require you to activate cancellation via telephone. Immediately upon requesting cancellation, no further discs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee cancellation requests via email or by letter (either posted, or included with returns).

ATTENTION! You cannot use Fast Return when cancelling your subscription, if this occurs you decline your own cancellation. 

8.2 Discs must be returned for effective cancellation

Please note that it is the customer's responsibility to ensure that all discs are returned, and all discs must be returned to us before the cancellation will be confirmed. All references to "return" or "returned" in these Terms and Conditions mean that we must have received the discs in question. All discs must be returned before the next billing date following cancellation to avoid any further charges. Once all discs have been returned, the cancellation will take effect immediately and a confirmation email will be sent to you. Upon cancellation of your subscription, any unused Watch Online viewing hours will expire.

We reserve the right to charge a replacement cost of up to € 49 for any non-returned games media.

To avoid problems, we advise obtaining a certificate of posting free of charge from your local Post Office when you return our discs to us. Please note we do not provide refunds or credits for any partial Subscription Months.

8.3 Right to cancel in certain circumstances

If you have just signed up to OnePlay and have changed your mind about subscribing, you may in certain circumstances have a legal right to cancel your membership before the service starts and receive a full refund of your first month's subscription fee. Ordinarily you may cancel the subscription within fourteen working days of the day after the date on which you subscribe if we have not already commenced providing services to you. However, by subscribing you agree that we may dispatch your first disc within that fourteen working day period and you acknowledge that by agreeing to this, this cancellation option is not available to you if we have already assigned your first disc for dispatch. If you are eligible to cancel in this manner, you may do so in accordance with the cancellation instructions in this clause 8 (Cancellation by you and Termination by us). In order to arrange a refund of your first month's subscription fee, you will then also need to contact us to advise us that you have cancelled in accordance with your statutory rights and to request a refund of your first month's subscription fee. Once you have completed these steps, we will cancel your subscription and process your refund.

8.4 Termination by us

We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice. In this event we would give you seven days to return our discs and failure to return these discs would incur charges, as described under clause 8.2 above. If we terminate your use of our service for any other reason or no given reason, then we would give you 30 days notice of termination and would expect you to return our discs within the 30 day notice period. In this event failure to return the discs within the notice period would incur charges, as described under clause 8.2 above.

9 Rental Discs Remain OnePlay Property

All discs remain our property at all times.

10 Gift Subscriptions

10.1 Gift subscriptions

From time to time, we may offer gift subscriptions for purchase on the Website. Gift subscriptions can only be used for the rental package specified. The rental package will state whether games are included and whether the rentals are capped (i.e., the recipient can only receive a certain number of rentals per month) or un. If the rentals are un, then the package will state how many Games or games the recipient may have out at any one time.

10.2 Certain conditions affecting gift subscriptions

Gift subscriptions cannot be used in conjunction with any other discount, offer or promotion. Gift subscriptions are not redeemable for cash, and are neither refundable nor transferable. Gift subscriptions are subject to these Terms and Conditions. The recipient can redeem the subscription by entering the gift subscription code during the new account signup process. The validity period of the gift will vary depending on what gift is selected. Recipients of gift subscriptions must be at least 18 years old, residents of the European and will require a valid address and debit/credit card to verify their age.

10.3 Recipient becomes a member if no cancellation

Membership charges will not be taken from the recipient's payment card during the gift subscription period provided the recipient does not upgrade their tariff. If the recipient continues their membership beyond the gift subscription period they will be charged at the prevailing pricing at the time. The membership can be cancelled at any time by visiting the relevant section of the website, once logged in. At the end of the validity period of the gift, the recipient will automatically become a member of our Game Rental Services unless they cancel their membership and return all discs prior to the relevant expiry date of your the gift subscription. The subscription level will be the same as the gift subscription tariff level unless the recipient specifies otherwise and provides at least 5 days written notice prior to the relevant expiry date of the gift. Subsequent subscription membership of the Game Rental Service will be subject to these Standard OnePlay Rental Service Terms and Conditions. Gift subscriptions can be cancelled at any time but no refunds or credits will be given for any unused portion of a gift subscription.

10.4 If recipient is already a subscriber

If the recipient is already a OnePlay subscriber and their existing subscription package has a lower value than their gift subscription, then they will be given the choice of either upgrading to the gift subscription package for the duration of the gift subscription or applying the value of the gift subscription to their existing subscription package. If their existing subscription package has a higher value than their gift subscription, then we will apply the value of their gift subscription to their existing subscription package. We will treat any un package as having a higher value than any capped package. If the gift subscription voucher shows a value on the front, then that is the value of the gift subscription. If it does not, then the value is as shown on the OnePlay site.

11 Prohibited Use Of The Website

11.1

You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website.

11.2

You agree not to impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, OnePlay will place a 'cookie' (a small text file) on any computer you use to access the OnePlay website. When you revisit the OnePlay website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.

12 Materials On This Website

12.1 Copyright

All materials (including software and content whether downloaded or not) contained on the Website are owned by OnePlay (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and licence for use of content that you may purchase from the Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, and any other relevant terms and conditions provided to you without our prior written permission.

You acknowledge and agree that certain content on the Website, and on discs provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.

12.2 Trade marks

OnePlay, the OnePlay logo and all other OnePlay product or service marks are trade marks of OnePlay ApS. All other trade marks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.

13 User Material

13.1

The Website or other OnePlay Products and Services may let you submit material to us: for example, you can review Games or games, create and share user collections or create your own quizzes. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term "User Material" to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a Member or when you subsequently change that information.

13.2

This clause 13 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.

13.3

We do not systematically review User Material submitted by users. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.

13.4

We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Website or any of OnePlay Products and Services, particularly where User Material breaches this clause 13 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.

13.5

We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to OnePlay an irrevocable, perpetual, non-exclusive, royalty-free, sublicensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media. The license you grant us will terminate when your User Material is removed from our website

13.6

We may link User Material or parts of User Material to other material, including material submitted by other users or created by OnePlay and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website or to promote, market or advertise OnePlay. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.

13.7

Each time you submit User Material to us, you represent and warrant to us as follows:

·         you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract;

·         your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate;

·         your User Material does not advertise any product or service or solicit any business;

·         your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and

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