Terms of Service

Update as of October 03, 2018

By downloading or using CallPlay you agree to these Term of Service and our Privacy Policy. 

1. Special Notices

1.1 The CallPlay agrees to provide a real-time video calls, live chat platform of live call content, chat content or other content uploaded directly by users (User Generated Content – “UGC”) utilizing the internet and cellular networks based services (hereafter “APP Services”) in accordance with the provisions of this Agreement and any terms of use that are periodically issued.

To obtain these APP Services, the service user (hereafter the “User”) shall agree to the provisions of this Agreement in its entirety and complete the registration process as indicated on the page. By clicking on “Sign Up” during the registration process, the User wholly agrees to all provisions in the items of this Agreement.

By using the APP Services under this Agreement, User hereby declares that: (a) User is of the sufficient legal age (according to the prevailing regulations) and have the full legal capacity and are not prohibited to enter into and conclude a binding agreement, or (ii) you have obtained the consent from your parents or guardian to use the APP Services and to be bound by this Agreement. You also declare that the information you provide in the registration process is always correct, true, up to date and accurate.

The CallPlay has the right to amend or modify this Agreement as it may consider necessary without further notice to User, including by way of announcing the amendment to the APP Services and the User agrees that by continuing to use the APP Services after the amendment or modification, the User agrees to be bound by the amended terms and conditions which has been modified.

For the purposes of this Agreement, the CallPlay and the User shall be jointly referred to as the “Parties” and any one of them as a “Party”.

1.2 After the User is successfully registered, the CallPlay will assign each user a user account and password, the safekeeping of which shall be the responsibility of the User. The User shall bear full legal liability for all behavior and activities conducted through their user account. The User shall indemnify and hold the CallPlay free and harmless from any claims and/or lawsuits from any third parties arising out of the User’s use or unlawful use of the APP Services through its user account.

2. Web Services Content

2.1 The actual content of the APP Services is provided by the CallPlay based on the situation, e.g., a live video broadcast, video on demand, music streaming, searches, networking, forums (Facebook, Twitter), chat rooms, email and the posting of comments, etc.

2.2 Some of the APP Services provided by the CallPlay require payment. When the User uses such paid-for services, they will be required to pay the relevant charges to the CallPlay. For paid-for APP Services, the CallPlay will give the User explicit notice in advance. The User can only access such services if he/she confirms, as prompted, that he/she agrees to and pay the relevant charges. The User acknowledges and agrees that if the User chooses to decline to pay the relevant charges, the CallPlay has the right to not provide such paid-for APP Services to the User.

2.3 The User understands that the CallPlay merely provides the relevant APP Services, and that the User is solely responsible for his/her own required equipment (such as PC, cell phone or any other devices used for connecting to the internet or cellular network) relevant to these APP Services, as well as the necessary costs (such as telephone or internet charges for internet connection and cell phone charges for cellular network usage) thereof.

3. Content Policy

We give precedence to various contents in application. The contents in application must be properly. We disallow contents about adults, gambles, politics, impolitic contents, violent, dangerous or ill-treatment of animals contents,misconceived, religions, piracy or intellectual property, alcoholic beverages or drugs contents, instigating, intimidating, calumnious, building up hatreds, disdain or violent contents, commercials, disturbing peacefulness of public or custom contents.

Prohibited content

The following is not allowed:

4. Modification, Suspension, Termination or Restriction of Service

4.1 In consideration of the unique nature of APP Services, the User acknowledges and agrees that the CallPlay has the right, at its sole discretions, to modify, suspend or terminate part or all of these APP Services (including those requiring payment) at any time and from time to time. The CallPlay may also impose limits on certain features and services or restrict the User’s access to part or all of these APP Services. If the modified, suspended, terminated or restricted APP Service is a free service, the CallPlay is not obligated to notify the User and shall not have any liability in whatsoever forms to the User or any third party. If the modified, suspended or terminated APP Service is a paid-for service, the CallPlay shall notify the User in advance of any modification, suspension or termination, and should provide affected users with an alternative paid-for service of equivalent value.

4.2 The User understands that the CallPlay needs to perform scheduled or unscheduled repairs and maintenance on the platform providing the APP Services (such as the website or cellular network, etc.) and the relevant equipment. If such situations cause an interruption of paid-for APP Services for a reasonable duration, the CallPlay shall not bear any liability to the User and/or to any third parties. However, the CallPlay shall provide as much advance notice as possible.

4.3 The CallPlay has the right to suspend, terminate or restrict provision of the APP Services under this Agreement at any time and is not obligated to bear any liability to the User or any third party, if any of the following events occur:

4.3.1 Personal information provided by the user is false;

4.3.2 The User violates the terms of use stipulated within this Agreement;

4.3.3 The User does not make a payment to the CallPlay, as stipulated, to cover the relevant service fees when using paid-for APP Services.

4.4 If the User's registered account for a free APP Service is inactive for 90 consecutive days, or the User's registered account for a paid-for APP Services is inactive for 180 consecutive days following expiration of the subscription period, then the CallPlay has the right to delete the account and discontinue the provision of relevant APP Services to the User.

4.5 If the User's registered free account name violates any laws and regulations or national policies, or if it infringes upon the legal rights and interests of any third party, the CallPlay retains the right to revoke the account name.

5. Terms of Use

5.1 When applying to use the CallPlay's APP Services, the User must provide accurate personal information and promptly update the information if any changes occur, and upon request from the CallPlay, provide evidence to verify accuracy of the information given.

5.2 The User shall not transfer or loan his account or password to others. The User shall immediately notify the CallPlay if he discovers unlawful use of his account by others. The CallPlay shall not bear any liability, in whatsoever forms, if hacking or user negligence results in the unlawful use by others of the User's account or password.

5.3 The User agrees that the CallPlay has the right to, when providing APP Services, place any type of commercial advertisement in any form or other types of commercial information (including, but not limited to, the placement of advertisements on any page of the CallPlay website). The User also agrees to receive promotional or other relevant commercial information from the CallPlay via email or other methods.

5.4 By using and/or uploading any content through a CallPlay APP Services (including but not limited to forums, Facebook, Twitter, comments or personal microblogs) to publicly accessible areas of the CallPlay website, the User grants to the CallPlay the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.

5.5 While using the CallPlay APP Services, the User must abide by the following:

5.5.1 The User shall comply with all applicable laws and regulations in Thailand;

5.5.2 The User shall comply with all agreements, stipulations and procedures applicable to the APP Services;

5.5.3 The User shall not use the APP Services system for any unlawful purpose which is in violation of the prevailing laws, decency and public policy;

5.5.4 The User shall not, in any shape or form, use CallPlay APP Services to infringe upon the commercial interests of the CallPlay, including but not limited to the posting of commercial advertisements without the express permission of the CallPlayCommunity;

5.5.5 The User shall not use the CallPlay APP Services system to engage in behavior that may adversely impact the normal operation of the internet or cellular network;

5.5.6 The User shall not use APP Services provided by the CallPlay to upload, display or distribute any false, harassing, harmful, abusive, threatening, vulgar or obscene messages or information, or any other type of unlawful messages or information;

5.5.7 The User shall not infringe upon the patents, copyrights, trademarks, right to reputation or any other legal rights and interests of any third party;

5.5.8 The User shall not use the CallPlay APP Services system to engage in any behavior detrimental to the interests of the CallPlay;

5.6 The CallPlay has the right to review and monitor the User's usage of the CallPlay APP Services (including, but not limited to, review of content stored by the User on the CallPlay website). If the CallPlay, at its sole discretions, reasonably consider that the User violates any of the aforementioned stipulations when using the APP Services, the CallPlay or its authorized agent has the right to request the User to rectify the situation or to directly take all necessary measures (including, but not limited to, modifying or deleting the content posted by the User, or suspension or termination of the User's rights to use the APP Services) to mitigate the impact of the User's improper conduct without requiring any approval from the User.

5.7 Any disclaimers, notifications or cautions regarding the usage of particular CallPlay APP Services, which are issued through various methods (including, but not limited to, webpage announcements, emails and SMS reminders) shall be deemed to form part of this Agreement. Usage of such APP Services shall be deemed to be a confirmation of the User's acceptance of the content of such disclaimers, notifications and cautions.

5.8 The CallPlay will limit access to information about the User to employees who we believe reasonably need to come into contact with that information to provide products or services to the User or in order to do their jobs

6. Intellectual Property Rights

6.1 All text, data, images, graphics, audio and/or video information and other materials within the Web Services provided by the CallPlay are property of CallPlay are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by the CallPlay to the User. The User is prohibited from copying, displaying, downloading, modifying, reproducing or creating any derivative works of such materials, directly or indirectly published, performed, rewritten or republished for performance or distribution purposes, or otherwise used for commercial purposes without prior written consent from CallPlay. The entirety or any part of such information may only be stored on a computer for private and non-commercial use.

In further consideration of the unique nature of the APP Services, the CallPlay shall not bear any liability for any loss or damage incurred by the User by using the APP Services, any compensation, in any form, to the User or any third party for delays, inaccuracies, errors or omissions, interruption or defect arising from the production, the operation, transmission, transfer or submission, communications-line failure, theft or destruction of all or part of the aforementioned information, nor for any losses or damages arising from, or caused by, such inaccuracies, errors or omissions or any unauthorized access of the APP Services.

6.2 Any intellectual property rights of any software (including, but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party used by the CallPlay in the provision of APP Services belong to such third party copyright holder. The User may not reverse engineer, decompile or disassemble such software without the prior permission of the copyright holder.

6.3 By providing live-feed content or by uploading other content including but not limited photographs, links, texts and images, User agrees to give the CallPlay (including and all other users of the APP Services) an irrevocable non-exclusive royalty-free rights to use the UGC or any other content and their selection and arrangement for any purpose including publication, display, modification, and creation of derivative works.

7. Privacy Policy

This privacy policy is part of terms and conditions of service and it covers securing the service user’s information. Please read this privacy policy carefully. When the service user has registered to any of the service, the service provider will assume that the service user has read and agreed to this privacy policy and that the service user allows the information to be used by the service provider as described below. 

7.1 The service provider may collect the service user’s personally identifiable information and non-identifiable information. The service user may opt not to provide the information but the service user may not be able to access all features of the service.

7.2 The service provider automatically receives and records information on the server logs from the service user’s browser including the IP address, page visited and amount of time spent on each page.

7.3 The service provider receives and records information when the service user plays the games including the service user’s Internet Protocol (IP) address, operating system, device serial number, login time and actions done. This information may be used to identify the service user and to prevent any inappropriate use of the service.

7.4 The service provider collect device information such as operation system, device name, model, IMEI, Serial no., IP address, phone number, country, and others. These information will be collected to improve our services and to protect inappropriate services.

7.5 Contact list on service user device will be used to search for other service users to suggest the service to the user’s friends or to add the friends to 

7.6 When you allowed to access Location Service in any game, developer or third party may be stored or send your approximate location for better service of game.

7.7 Cookies or other features may be implemented from time to time to allow the service provider or third parties to collect or share information that will help the service provider improve its site and services it offer, or help it offer new services and features. A cookie is a small amount of data that often includes an anonymous unique identifier that is sent to a user's browser from a Web server and stored on a user's computer hard drive. Usage of a cookie is in no way linked to any personal information about the service user. The service user may refuse the use of cookies by selecting the appropriate settings on the browsers disabling cookies may cause the service user to not be able to fully use the functionality of the site or service.

7.8 The service provider’s site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help analyzing how users use the site. The information generated by the cookie about site usage (including the service user’s IP address) will be transmitted to and stored by Google. Google will use this information for the purpose of evaluating the service user’s use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate the service user’s IP address with any other data held by Google.

7.9 The service provider and third parties may from time to time make software applications and game downloads available for the service user on or through the service. These applications may separately access, and allow a third party to view identifiable information such as name, ID, computer's IP Address or other information such as what game the service user is playing during any given session, and any cookies that the service user may previously has installed or that were installed for the service user by a third party software application or website. Additionally, these applications may ask the service user to provide additional information directly to third parties. Third party products or services provided through these applications are not owned or controlled by the service provider. The service user is encouraged to read the terms and other policies published by such third parties on their websites or otherwise. 

7.10. The service provider has taken steps to assure that all information collected will remain secure and in its original form. As such, access to all personal information is strictly controlled. Only employees who need the information to perform a specific job are granted access to personally identifiable information. In certain areas, industry-standard SSL (secure sockets layer) encryption is implemented to protect data transmissions. However, please be informed that there is no security measure that can provide 100% round-the-clock security for the information. 

7.11. The service provider will not sell, barter, share nor rent the service user’s personally identifiable data. The service provider will only use or reveal the service user’s personal information when the service provider deems it is necessary to do so.
7.11.1 to respond to the service user’s request and interact with the service user (such as billing, resetting password and for the purpose of confirming the account)
7.11.2 to provide good service to the service user 
7.11.3 to enforce rules and conditions of the service 
7.11.4 to secure the service user privacy
7.11.5 to achieve conformation with the law or to facilitate legal procedures
The service provider may share the service user’s personal information with other companies in the network or with its reliable trade partners. The service provider may use the service user’s personal information to inform the service user of promotions and new services offered by the service provider or its business partners at any time. 

7.12 This privacy policy may be modified periodically without having to notify the service user in advance. The modification will be effective immediately. If the service user continues using the service, the service will assume that the service user has agreed to the privacy policy and its modification.

8. Privacy Protection

8.1 The protection of user privacy is a fundamental policy of the CallPlay. The CallPlay guarantees that it will not publicly disclose or provide a third party with an individual user's registered information or non-public content, which is stored in the CallPlayCommunity during the use of APP Services. However, the following circumstances are excluded:

8.1.1 When prior express authorization is obtained from the User;

8.1.2 When and as required by applicable laws and regulations;

8.1.3 When and as required by relevant competent authorities of the government;

8.1.4 When it is necessary to safeguard the public interest;

8.1.5 When it is necessary to safeguard the legal rights and interests of the CallPlay.

8.2 The CallPlay may collaborate with a third party to provide the User with relevant APP Services. In this scenario, the CallPlay has the right to share the User's registered information with a third party, if the third party agrees to bear responsibility for providing privacy protection equivalent to that of the CallPlay.

8.3 Under the condition that no private information of an individual user is disclosed, the CallPlay has the right to analyze the entire user database and utilize the database for commercial purposes.

8.4 The User acknowledges and agrees that the User may, directly or indirectly, provide any of its personal information through its use of the Web Services and as provided under this Agreement. For the purposes of this article, the User hereby agrees and consents to the use of the User’s personal information by the CallPlay, and such shall be considered as the consent as stipulated under the prevailing Thailand laws.

9. Disclaimers

9.1 The User expressly agrees that he/she shall be fully responsible for any risks involved in using the CallPlay APP Services. The User shall also be responsible for any and all consequences arising from the Use of CallPlay APP Services, and the CallPlayCommunity shall not bear any liability to the User.

9.2 Under no circumstance does the CallPlay guarantee that the APP Services will satisfy the User's requirements, or guarantee that the APP Services will be uninterrupted. The timeliness, security and accuracy of the APP Services are also not guaranteed. The User acknowledges and agrees that the Web Services is provided by the CallPlay on an “as is” basis. The CallPlay make no representations or warranties of any kind express or implied as to the operation and the providing of such APP Services or any part thereof. The CallPlay shall not be liable in any way for the quality, timeliness, accuracy or completeness of the APP Services and shall not be responsible for any consequences which may arise from the User’s use of such APP Services.

9.3 The CallPlay does not guarantee the accuracy and integrity of any external links that may be accessible by using the Web Services and/or any external links that have been placed for the convenience of the User. The CallPlay shall not be responsible for the content of any linked site or any link contained in a linked site, and the CallPlay shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the APP Services by the User. Moreover, the CallPlay shall not bear any responsibility for the content of any webpage that the User is directed via an external link that is not under the control of the CallPlay.

9.4 The CallPlay shall not bear any liability for the interruption of or other inadequacies in the APP Services caused by circumstances of force majeure, or that are otherwise beyond the control of the CallPlay. However, as far as possible, the CallPlayCommunity shall reasonably attempt to minimize the resulting losses of and impact upon the User.

The User agrees that the CallPlay shall not bear any liability for any losses arising from inadequacies in the quality of the following products or services provided by the CallPlay:

9.4.1 APP Services provided to the User free of charge;

9.4.2 Any complimentary products or services offered to the User;

10.  Compensation

The User agrees to safeguard and maintain the interests of other users. If the User violates the relevant laws and regulations, or any of the provisions of this Agreement, and in doing so causes damages to the CallPlay or any other third party, the User agrees to bear full responsibility for compensation of any damages caused.

11. Changes to the Agreement

11.1 The CallPlay has the right to make changes at any time to any provision of this Agreement. Once the contents of this Agreement have been modified, the CallPlay will publish the contents of the modified Agreement directly on the CallPlay website. This announcement shall be deemed to be a confirmation that the CallPlay has notified users of the changes. The CallPlay may also inform users of the details of the changes through other appropriate methods.

11.2 The User has the right to discontinue use of the APP Services if they do not agree to the changes made by the CallPlay to relevant provisions of this Agreement. Continued use of the APP Services shall be deemed as an acceptance of such changes.

12. Delivery of Notifications

12.1 Under the terms of this Agreement, all notifications sent to users by the CallPlay may be delivered via a webpage announcement, email, text message or post; such notifications shall be deemed to have been received by the recipient on the date sent.

12.2 Notifications from the User to the CallPlay should be sent to the contact address, fax number, email address or other contact details officially issued by the CallPlay.

13. Other Terms

13.1 This Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.

13.2 If any provision of this Agreement is rendered void or unenforceable, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.

13.3 The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.

 

If you have any questions or comments about these Terms of Service (TOS), please contact us at  support@callplay.in.th