THIS TERMS OF USE IS A LEGALLY BINDING AGREEMENT between you and Playa Games GmbH (“Playa Games”, “Playa”, “we” or “us”). By using the website and/or any website associated with any of our games (“Site”) or any other Playa Services (as defined below) to which these terms are applied, you agree to all the terms and conditions of this Terms of Use (“Terms of Use”) and the specific rules applicable only to a specific Service (the “Game Rules”). This Terms of Use governs our Site and our apps, games, services, features and content (collectively, the “Service”), whether accessible or downloadable from the Site or third-party app stores or other sources. Whenever you use the Services, you agree to be bound by all of the terms and conditions of these Terms of Use.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
IMPORTANT NOTICE: FOR U.S. AND CANADIAN PLAYERS, DISPUTES ABOUT THESE TERMS OR RELATING TO OUR SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, see Section 17.
Please carefully read these Terms of Use, which affect your legal rights and obligations. By purchasing a Service and/or registering for an Account or otherwise using the Service, you represent that (1) you are age 16 or older, (2) you understand and agree to these Terms of Use, and (3) if you are between the ages of 16 and 18, your legal guardian has reviewed and agrees to these Terms of Use (4) That you are legally able to conclude contracts in accordance with the age of maturity in relevant jurisdiction(s). By accepting these Terms of Use, you are also consenting to the collection, use and disclosure of your information as described in our Privacy Policy at Playa-Games.com, which is incorporated herein by reference in its entirety.
Playa Games reserves the right to change or modify these Terms of Use at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the Service and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service. As an exception, We will give you 60-days’ notice by email or through the Service if We change Section 17 on our Agreement to Arbitrate and Class Action Waiver.
YOU AGREE THAT PLAYA SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.
Except as may be expressly specified otherwise by Playa with respect to paid portions of the Service, Playa reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.
Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third-party agreements (“Third Party Agreements”), such as agreements governing your download of or access to applications that are part of the Service by means of a third-party website or source. In the case of any conflict between any Third-Party Agreement and these Terms of Use with respect to Playa or any aspect of the Service, these Terms of Use will take precedence.
You may register for a user account that enables you to post content (including, but not limited to, the creation of virtual avatars) to a blog message board, chat room or other forum (an “Account”). You also may be required to otherwise provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, Playa has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.
Each user of the Service is allowed a maximum of one Account per Device. A “Device” must embed an operating system supported by the relevant Service. You may not sell, trade, or otherwise transfer or assign your Account to another party, except as is expressly stated in these Terms of Use. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify Playa of any unauthorized use of your password or Account or any other breach of security.
Subject to your compliance with these Terms of Use, Playa grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and display, solely for your personal, non-commercial use, solely on a single computer or mobile device to access the Site and Service at any given moment, the following: (a) such portions of the Service as are freely accessible from the Playa Site or that are, with Playa’s authorization, made freely accessible from third party websites or sources, and (b) provided that you have paid the applicable fees and satisfied applicable conditions, such other portions of the Service accessible on a for-payment basis. You may transfer your Account or portions of the Service from one Device to another only as expressly authorized and enabled by Playa through the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the Account being transferred. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, derive the source code from, reverse engineer, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Playa or its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of the above, Playa reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with the terms and conditions of these Terms of Use, including without limitation by charging fees for such license. Playa reserves the right to cease providing service at any time, for any reason.
Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, as between you and Playa, Playa and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials. “Service Materials” means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the “look and feel” of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by obtaining any Free Virtual Currency or purchasing any Paid Virtual Currency or Virtual Goods (each as defined below).
You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both Germany, and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by Playa and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Playa and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).
The term “Playa”, the Playa logo and other Playa logos and product and service names are trademarks and service marks of, and are owned by, Playa. Except as expressly set forth herein, you may not use or display such trademarks in any manner without Playa’s prior written permission. All third-party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any Playa trademarks or service marks as “metatags” on other websites is prohibited.
If you provide Playa with comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such Feedback shall be the exclusive property of Playa, and you hereby assign all rights, title and interest in and to such Feedback to Playa. You agree that unless otherwise prohibited by applicable law, Playa may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Playa and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). Playa has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Playa has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Playa makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Playa be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, Playa reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation, any violation of these Terms of Use, Playa’s Privacy Policy, the relevant Game Rules or for no reason, at any time. You may bring User Content that you believe violates these Terms of Use, or other inappropriate user behavior, to Playa’s attention by emailing [email protected].
User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.
You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without Playa incurring any third-party obligations or liability arising out of its exercise of such rights and licenses. Playa does not claim any ownership rights in Your Content and, except as expressly set forth herein, nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.
You hereby grant to Playa a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to Playa the right to sublicense and authorize others to exercise any of the rights granted to Playa under these Terms of Use. You further perpetually and irrevocably grant Playa the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.
Playa has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
You may only register an account and/or use the Service if use of the service is legal from where you access it and provided that you have sufficient legal capacity to agree to these Terms of use.
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Use, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. The Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.
You agree to not use the Service to transmit, make available or otherwise promote or support:
(a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another’s privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
(b) any User Content that promotes illegal activity, such as drug use;
(c) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(d) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
(e) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;
(g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or
(h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.
You further agree not to:
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(iv) use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to order or purchase at pricing not applicable to your geography, or for any other purpose (unless such restrictions are not permissible under applicable laws);
(v) use the Service to harm minors in any way;
(vi) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
(vii) defraud or mislead Playa or other users or otherwise engage in any suspicious activity;
(viii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;
(ix) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(x) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
(xi) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Playa experience to the detriment of fair play; or
(xii) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.
You also agree not to access the Service: (x) by any means other than through the interface that is provided by Playa for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States, Germany, Poland or the country in which you reside.
In addition, you agree not to use the Service or any portion of the Service that enables communications, (for example, email, online forums, message boards, messaging services or blogs), to: (1) excessively communicate the same phrase, similar phrases, or gibberish; (2) create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service; (3) post or transmit non-constructive comments; (4) abuse any functionality enabling reporting to Playa by sending false alarms or nonsensical messages; (5) bump forum threads; (6) number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., “too long; didn’t read'') or “First!” posts; (7) post off-topic comments; (8) commit other actions that Playa considers, in its sole discretion, to be “flaming,” “trolling” or “spamming”; (9) create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or (10) links to threads from other forums unless previously approved by a moderator or Playa staff.
These rules of use are not meant to be exhaustive, and Playa
reserves the right to determine what conduct it considers to be in violation of
the rules of use or otherwise outside the spirit of the Services and to take
action – up to and including termination of your Account and exclusion from
further participation in the Services.
The Service may include virtual currency (examples of which are included in the relevant Game Rules)be provided to you at no charge by Playa, earned through game-play or otherwise obtained at no cost to you through game-play on the Service, the (“Free Virtual Currency”). In addition, you may purchase, for legal tender or actual currency and subject to applicable law, virtual currency, the (“Paid Virtual Currency”). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Free or Paid Virtual Currency, subject to applicable law (such virtual items, “Virtual Goods”). Playa reserves the right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Free and Paid Virtual Currency and/or Virtual Goods, and Playa shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service in accordance with these Terms of Use any Virtual Goods and Free and Paid Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Playa. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.
Playa prioritizes the use of Free and Paid Virtual Currency in game-play such that any Paid Virtual Currency is first consumed, and secondly, any Free Virtual Currency is then consumed.
Playa prohibits transfer of Free and Paid Virtual Currency out of your account (e.g., to another user account) except in such cases in which Playa provides a feature to do so. Additionally, Playa prohibits transfers of accounts between users. You agree not to sublicense, trade, sell or attempt to sell Virtual Goods for “real” money or anything of value outside of a game. Any such transfer or attempted transfer is prohibited and void, and We may terminate your Account because of it.
You acknowledge that the Virtual Goods can be used solely for entertainment purposes and that any money you pay is solely for entertainment purposes. The Virtual Goods have no cash value and shall not be deemed a thing of value for legal purposes.
If a user has not used Virtual Currency, whether Free or Paid, kept in that user’s balance after three (3) months since last use, Playa reserves the right to void the Virtual Currency and set the balance to zero (0).
You hereby acknowledge and agree that the sale, gift, leasing, sharing, license, or other transfer of Virtual Currency, whether Free or Paid, and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer any Free and Paid Virtual Currency or Virtual Goods to any other user of the Service or any other party.
You agree that, to the furthest extent legally permissible, all purchases by you of Paid Virtual Currency and Virtual Goods are final and, except as determined by Playa in its sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon Playa’s discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency, whether Free or Paid, and Virtual Goods will be forfeited by you, and, unless required by mandatory applicable law, Playa will have no liability to you in connection therewith.
This Section 11 applies to purchases of virtual currency and/or items or any other virtual goods or services purchased in connection with a Service (a “Remote Purchase”)
You are entitled to cancel a Remote Purchase within 14 days from the date the Remote Purchase was made without stating any reason for your cancellation. To exercise this right of cancellation, you have to notify us (Imprint, Playa Games GmbH, Alstertor 9, 20095 Hamburg) of your decision to cancel a Remote Purchase via a clear statement (e.g., a letter sent by mail, fax, or email) within the specified time frame and you may use the attached sample cancellation form to do so but this is not required. It is sufficient to having sent the notification of your cancellation before the cancellation deadline.
In case of a valid cancellation, the benefits received by each party shall be returned and any uses and advantages given shall be surrendered. In cases where a Remote Purchase cannot be returned wholly, or can only be returned partly or in impaired condition, you will be required to compensate us pro rata to the portion of the Remote Purchase already consumed and/or impaired. We reserve the right to offset any such compensation versus the purchase price for a Remote Purchase that would’ve otherwise been returned (i.e. if you’ve already fully consumed a Remote Purchase, we shall have no obligation to return the purchase price for such Remote Purchase to you). A party’s payment obligations to the other party under this Section 11 shall be settled within 30 days from Playa Games’ receipt of a valid cancellation.
Should you make a Remote Purchase for a service (as opposed to virtual goods), your cancellation rights shall expire if we have started to deliver the relevant service to you and you have, in connection with the Remote Purchase, confirmed your understanding that you will forfeit your cancellation rights as soon as we start delivering the relevant service to you.
Subject to these Terms of Use, Playa agrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as Playa may authorize in writing, for non-commercial purposes only and only on your personal website or on a third party website that permits posting of such content at the direction of users, provided that such third party website (i) is not a commercial competitor of Playa, (ii) does not criticize, or take other actions that could reasonably expected to result in harm to, Playa, (iii) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction, (iv) does not charge for access to such content and does not associate products, services or advertising with such content, and (v) together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party and does not host, post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Use (each such third party website, an “Authorized Website”). Playa agrees to grant you a non-exclusive, limited license, revocable at Playa’s discretion, for you to link to Playa’s home page from any Authorized Website. You may not display the Service or any portion thereof in frames or “in-line links” without express written permission from Playa.
These Terms of Use will remain effective until terminated by either party. You may terminate these Terms of Use at any time and for any reason by (a) uninstalling the Playa Service app (or, if you have not installed any Playa Service apps, by sending an email to [email protected] notifying Playa of your termination), (b) deleting or otherwise destroying all Service-related materials and (c) ceasing use of the Service.
Playa may terminate these Terms of Use, your Account and your access to the Service (or, at Playa’s sole option, applicable portions of the Service) at any time and for any reason. Playa may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that Playa is not required to provide you with any such notice or warning prior to any such termination under this Section. In addition, Playa may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Playa suspects or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Playa; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Playa, individuals, any third parties or the Service itself.
You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, all Free and Paid Virtual Currency and Virtual Goods, as applicable. You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or Playa, you will not be entitled to, and Playa will not be liable to you or any third party for any refund, reimbursement or other liability. If Playa terminates your Account, you may not participate in the Service or any other Playa service without Playa’s express written permission. To request permission for post-termination participation in a Playa service, email [email protected]. Playa reserves the right to refuse to keep Accounts for, and provide Playa services to, any individual. You shall not allow individuals whose Accounts have been terminated by Playa to use your Account.
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Playa hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with Playa to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Playa access to any password-protected portions of your Account. Playa reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.
THE PLAYA GAMES PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PLAYA GAMES PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.
THE “PLAYA GAMES PARTIES” ARE COMPRISED OF PLAYA GAMES AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.
UNDER NO CIRCUMSTANCES SHALL THE PLAYA GAMES PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PLAYA GAMES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Playa or any other Playa Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Playa and such Playa Party’s liability shall be the minimum permitted under such applicable law.
The Service may contain links to third-party websites or resources. You acknowledge and agree that Playa is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Playa of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Playa may remove any links at any time for any reason or for no reason.
You agree to indemnify, defend and hold the Playa Games Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your password) use of the Service, (3) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (4) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.
If you
are a consumer based in the EU or EEA, you may make use of the Online Dispute Resolution
platform offered by the European Commission as
an out-of-court alternative to resolve disputes. You may also recourse to
alternative dispute resolution and refer a dispute to the consumer disputes
board or other corresponding out-of-court institution in your domicile.
THIS SECTION ONLY APPLIES TO PLAYERS IN THE US AND CANADA.
We Both Agree to Arbitrate
If we can’t resolve our dispute through our customer service, you and Playa both agree to resolve any claims relating to the Terms and/or the Privacy Policy through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the Exceptions to Agreement to Arbitrate sub-section. It also applies even after you stopped using your Playa account or deleted it.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so we are both giving up our right to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court. They are less formal than lawsuits in courts, and provide limited opportunity to force the other side to share information relevant to the dispute (a process called “discovery”). The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any of us does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too. In addition, if you or Playa brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). You and Playa may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
The Arbitration Process
The American Arbitration Association (AAA) will run the arbitration between you and Playa, and AAA’s then-current rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes) will be used. If something in these Terms is different from AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call them at 1-800-778-7879.
Exceptions to Agreement to Arbitrate
We all agree that we will go to court to resolve disputes relating to Your or Playa’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents
For more information about which court we can go to for resolving these types of disputes, see Section 19 (Venue for Legal Disputes Not Subject to Arbitration).
No Class Actions
We all agree that we can only bring a claim against each other on an individual basis.
That means:
If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then this entire Section (Agreement to Arbitrate and Class Action Waiver US/Canada) will be null and void (i.e., go away). But, the rest of the Terms of Use and Privacy Policy will still apply.
Changes to This Section on Agreement to Arbitrate and Class Action Waiver
We will give you 60-days’ notice by email or through the Service if We propose to change this Section on our Agreement to Arbitrate and Class Action Waiver.
With respect to players in the U.S. and in Canada, the Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether Section (Agreement to Arbitrate and Class Action Waiver) can be enforced and how it should be interpreted.
You agree that any claim or dispute arising out of or related to these Terms of Use, The Privacy Policy and/or the Service shall be governed by the laws of Germany without regard to its provisions on conflict of laws.
Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement must be brought before the courts of Hamburg unless we both agree to some other location or mandatory law provides for the relevant dispute to be brought elsewhere. You and Playa both consent to venue and personal jurisdiction in Hamburg, Germany.
Except as described in the Section under the “No Class Actions” heading, if any part of these Terms or the Privacy Policy is not enforceable, the rest of these Terms of Use and Privacy Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.
Playa operates and controls the Service from its offices in the United States. Playa makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Playa to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, Crimea or any other country to which the United States has embargoed goods and/or services; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Playa as a result of these Terms of Use or your use of the Service. These Terms of Use constitute the entire agreement between you and Playa with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by Playa. The failure of Playa to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use may not be assigned by you without Playa’s prior written consent, but are freely assignable by Playa. The section headings used herein are for convenience only and shall not be given any legal import. Upon Playa’s request, you will furnish Playa any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Playa by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section 6 (Service Materials, Ownership, Trademarks and Feedback), Section 8 (Your Content), Section 13 (Termination), Section 14 (Disputes with Others), Section 15 (Disclaimers of Warranties and Damages, Limitations of Liability), Section 17 (Indemnification), Section 19 (Applicable Law) and Section 22 (Miscellaneous).
The following terms are applicable solely if, and to the extent, you use the Services on an Apple iOS device:
● Acknowledgement: This Terms of Use is concluded between you and us only, and not with Apple LLC (“Apple”). We, not Apple, are solely responsible for the Service and the content thereof.
● Scope of License: The license granted to you for the Service is limited to a non-transferable license to use the Service on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
● Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the Service, as specified in the Terms of Use, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
● Warranty: We are solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
● Product Claims: We, not Apple, are responsible for addressing any claims of you or any third party relating to the Service or your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Terms of Use does not limit our liability to you beyond what is permitted by applicable law.
● Intellectual Property Rights: In the event of any third-party claim that the Service or your possession and use of that Service infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
● Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
● Developer Contact: Any questions, complaints or claims with respect to the Service should be directed to Playa at the email address listed below.
● Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Service, e.g., if you use the Service through a social network, you must not be in violation of the social network agreement or terms of use when using the Service.
● Third Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use and will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.
Contact Us: For all correspondence, please email us at: [email protected]