- The Agreement
- License & table-of-content
- Support service
- Fees and Payment
- Your responsibilities
- Trade marks
- Force Majeure
- Disclaimer of Warranties
- Governing Law
- Copyright Policy
- Take down Policy
No contract or agreement is formed and you have no rights to the Service, unless and until Lexington West Inc has agreed to provide you the Service. Lexington West Inc may amend or modify the Agreement at any time, without prior notice. The changes become effective immediately upon posting such amended or modified terms on the Site or if Lexington West Inc otherwise notifies you of such amended or modified terms. If you continue using the Site and/or the Service after Lexington West Inc so posts or provides such notice of such amendments or modifications, you have accepted the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you should not use the Site or the Service.
License & Content
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Lexington West Inc in writing. You may not incorporate the Content into, stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Lexington West Inc in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Lexington West Inc . You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Lexington West Inc in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The availability of the Content will change from time to time, and from country to country. The quality of the display of games may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Lexington West Inc makes no representations or warranties about the quality of your instant gaming experience on your display.
You may instantly play the Content through the Can We Play service only in geographic locations where we offer our service and have licensed such games. The content that may be available to play will vary by geographic location. Lexington West Inc will use technologies to verify your geographic location.
During the term and for Member Users, the Service includes (a) a reasonable amount of assistance in the use of the Service and reasonable diagnosing and attempting to resolve problems with the use or delivery of the Service, and (b) updates and revisions to the Site and Services that Lexington West Inc elects to provide to Member Users generally (collectively, the "Support Services"). Support Services are only provided during Lexington West Inc regular business hours and exclude weekends and Lexington West Inc holidays. Lexington West Inc may condition the timing and delivery of Support Services in whatever method or manner it chooses, which may include communication via email. In order to take advantage of the Support Services, you may be required to purchase additional or different equipment or services from third parties. Lexington West Inc has no obligation to provide any other assistance, support, maintenance, or other services or to perform any assistance by any other method, such as at your location. If Lexington West Inc, in its sole discretion, agrees to provide any additional services, such additional service shall be governed by these Terms.
Fees and Payment
All registrations for Can We Play Premium accounts are subject to a subscription payment model.
Lexington West Inc, within the limits allowed by law, is not responsible for any inconveniences or damages caused by usage of the particular Payment Method, especially delays or impossibility to make payment. In such case you should complain about those services to their provider, in the manner provided by their terms and conditions.
If the Payment was not accepted because of any reasons attributable to Lexington West Inc, please contact us via e-mail address: [email protected].
Internet Access Charges
You are responsible for any costs you incur to access the internet.
The below payment option is available to all customers. Once a customer has chosen a payment option that payment option will not change unless canceled. New payment options can be introduced at any time and current payment options can be discontinued for new customers at any time. The current billing option available is:
- 1 day sneak peek $1.25 recurring at $39.95 per month
- $1.25 for 7 days recurring at $29.95 per month
- Free 10 days trial recurring at $49.95 per month
A monthly membership provides full access to all the site's content.
All these products will be listed as separate charges on a subscriber’s statement.
Can We Play guarantees the satisfaction of our customers. If you are not satisfied with the service provided we will process a refund to your credit card.
If you wish to extend the life of your subscription in lieu of a refund you have that option. The billing system used by Can We Play or our
authorized agents provides extensive credit card fraud protection measures and our site includes many features to protect users from accidental charges.
If you have any feedback, please let us know. All feedback goes a long way to helping our billing resources team of agents address future interactions with our customers.
User has the right to cancel the subscription at any time starting from the time the registration was made. If the user chooses to cancel the subscription during trial period the account will be cancelled at no extra cost. If the user chooses to cancel the subscription after the regular billing has started, the subscription will be cancelled immediately and the account will run out at the end of the period that has been paid for.
To cancel your account, you may go to your account settings and choose cancel account. You may also call us at (646) 679-6310 or email us at : [email protected]
Except as stated below, you agree that Lexington West Inc may modify, suspend, discontinue, or otherwise terminate the Service or the Agreement, on a temporary or permanent basis, at any time, in whole or in part, for any reason or no reason, with or without notice, and without liability to you. For example and without limitation, Lexington West Inc may terminate or suspend your access to the Service for lack of use; for failure to pay account fees within the period of time designated by Lexington West Inc; for registering more than one free account; for using multiple free accounts; for maintenance of the Site or performance of Support Services; for failure to follow the rules posted on the Site or in these Terms; for actions outside these Terms; or for any other reason determined by Lexington West Inc. Unless you have violated the terms and conditions of the Agreement, if you are a Paid User, a material modification that negatively impacts the Service or a suspension, discontinuance, or other termination of the Service or the Agreement will occur at the end of the current term of the Service. Notwithstanding the foregoing, Lexington West Inc may make a material modification that negatively impacts the Service or suspend, discontinue, or otherwise terminate the Service or the Agreement at any time by refunding you the prorated portion of the fees you have paid for the current term of the Service through the end of that term. Continuation of the Service by a Paid User after any such material modification or suspension constitutes the Paid User's agreement to waive any claim for any refund of fees.
In addition or as an alternative to termination, cancellation, or discontinuance of the Site and/or the Service, Lexington West Inc may take whatever action it deems necessary or convenient, in its sole discretion, in the event of your breach of Agreement. Such actions may include, without limitation, suspending your access to the Site and/or the Service, blocking your IP address, or any other technical or legal means at Lexington West Inc disposal.
Affect of Termination
Upon expiration, termination, cancellation, or discontinuance of the Site and/or the Service, your right to use the Site and/or Service will cease in the time stated above, and you will have no right to access your account or any files or other content contained in your account, although residual copies may be retained in Lexington West Inc system. Lexington West Inc may retain any such files or other content at its discretion.
You agree to use the Can We Play Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the Can We Play Services, Content and embedding restrictions detailed above, and further agree that you will not access the Site or use the Can We Play Services in a way that Can We Play :
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
- uses technology or other means to access, index, frame or link to the Can We Play Services (including the Content) that is not authorized by Lexington West Inc (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Can We Play Services)
- involves accessing the Can We Play Services (including the Content) through any automated means, including "robots", "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Can We Play Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content)
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
- damages, disables, overburdens, impairs, or gains unauthorized access to the Can We Play Services, including Can We Play's servers, computer network, or user accounts
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Can We Play Services (including the Content)
- uses the Can We Play Services to advertise or promote services that are not expressly approved in advance in writing by Lexington West Inc
- encourages conduct that would constitute a criminal offence or give rise to civil liability
- violates these Terms or any guidelines or policies posted by Lexington West Inc
- interferes with any other party's use and enjoyment of the Can We Play Services
- attempts to do any of the foregoing
Accordingly, you undertake that:
- you will play Content for personal, private use only (and not for any direct or indirect commercial purpose)
- you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Content
- you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Content or part of the means by which we provide the Content to you
We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Can We Play Services (including the Content and the devices through which the Can We Play Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Lexington West Inc may do so in Lexington West Inc sole discretion. You also agree that Lexington West Inc will not be liable to you for any modification, suspension, or discontinuance of the Can We Play Services, although Lexington West Inc may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if Lexington West Inc terminates your account or suspends or discontinues your access to Can We Play Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
All Content is owned by Lexington West Inc (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain Content 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 against you.
Can We Play, the Can We Play logo and all other Can We Play product or service marks are trade marks of Lexington West Inc . 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.
Lexington West Inc will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Lexington West Inc infrastructure or connectivity to the internet or failure at an Lexington West Inc co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Lexington West Inc will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Lexington West Inc may reasonably require to recover from the effects of such Force Majeure Event.
Disclaimer of Warranties
You expressly understand and agree that your use of the site and/or the service is at your sole risk. Lexington West Inc and its suppliers provide the service "as is" and without any warranty or condition of any kind, express, implied, statutory, or otherwise, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Lexington West Inc makes no warranty that the site or the service will: meet your requirements or be uninterrupted, timely, properly stored or delivered, accurate, secure, error-free, or free of viruses or other harmful components, and the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations. Any material transmitted or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the transmission of any such material.
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the United States of America, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the United States of America. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with United States of America.
The provider ("we", "us", "our") respects the intellectual property rights of others, and we ask our users to do the same. The provider reserves the right, at its sole discretion,
to disable and/or terminate accounts of users who may be infringing the intellectual property rights of others, as described more fully in the General and Specific Terms.
We reserve the right to change the terms of this Copyright Policy, and all such changes will be posted on the website.
If you believe that your work has been copied, framed or otherwise displayed on this website or the wapsite (the “Sites”) in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the provider’s agent (“Copyright Agent”) for notice of claims of copyright or other intellectual property infringement the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim infringes on the intellectual property and the location of such material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
The provider’s Copyright Agent can be reached by e-mail or at the provider’s address.
The provider reserves the right, at its sole discretion, to refuse or to delete any allegedly infringing content, whether or not any such notification as described above has been received, or any content which for any reason it deems to be unsuitable. After receiving a notice of infringement that complies or substantially complies with the applicable Copyright Legislation of your country (as set out above), unless Provider believes the content not in fact to be infringing, Provider will act expeditiously to remove or disable access to any content claimed to be infringing or claimed to be the subject of infringing activity. Provider will take reasonable steps to expeditiously notify the user that created or posted the relevant content that it has removed or disabled access thereto.
Take down policy
A request to take down data can be made by anyone claiming to be the owner of intellectual property that is displayed within the website.. The request can be made via email, telephone, verbally or in writing.
The person making the request should:
- Confirm their role and relationship to the data.
- Clarify which specific data item(s) they are requesting be removed.
- Show clear proof that they are the owner of the data.
- Confirm the contractual rights of the data.
If the request is from the organisation that owns the data and it is clear what information has to be removed then no further information is needed and the data will be removed as soon as possible while an investigation is made. Since all content on the website is either fully owned or licensed for use via contracts which have been provided, this removal will be temporary until proven use of the content is restored.
If the request is not from the owner of the data it will be necessary to establish the reason for the request; for example, it may contain sensitive personal information or be inaccurate.
Once a decision to act, or not to act, has been taken the requester will be informed. Regardless of the decision, all requests for data to be taken down will be logged. This information will not be made public and is for internal reference only.
Once we have decided that data should be removed we will endeavour to do this as quickly as possible. This may require us to work with the requester in order to identify all the relevant data. We will also work with the owner of the data to ensure that they are able to remove/redact the data at source.
We understand that any request to remove data will be seen as urgent by the requester. When a decision to act has been taken we will aim to remove the data within two working days of receiving a request. In some cases this may not be possible. In these cases, we will keep the requester informed of what action we are taking and the expected time frame for taking down any relevant data.
We reserve the right to update or amend this policy at any time and without prior notice.