). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CONNECT TO, ACCESS, OR USE THE SERVICES IN ANY MANNER WHATSOEVER.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.
The Services are available only to individuals who (a) are at least thirteen (13) years old; and (b) possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law.
The Services, which include the Site, may provide you with information, including without limitation information about Playmania, Playmania services, and any other content available therein such as data, materials, contact information, designs and graphic user interface (collectively, the “Content”). In addition, the Services may provide you the ability to contact us via the contact form (the “Contact Form”).
TO THE EXTENT LEGALLY PERMISSIBLE ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SERVICES ARE RESERVED TO PLAYMANIA. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. PLAYMANIA WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR THE CONTENT AVAILABLE THEREIN. YOUR USE OF THE SERVICES, AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
In order to contact us using the Site, you will need to fill out and complete the Contact Form available therein. The Contact Form requires the User’s full name and e-mail address, country and company name.
RESTRICTIONS ON USE. There are certain conducts which are strictly prohibited on the Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at Playmania’s sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Playmania, you may not (and you may not permit anyone to): (a) use the Services and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Services and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Services any restrictions and signs indicating proprietary rights of Playmania, its affiliates or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Services and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Services or the servers or networks that host the Services, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Services; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Playmania on or through the Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Playmania’s or its affiliates’ proprietary rights, including Playmania’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site, application or networked computer environment for any purpose without Playmania’s prior written consent; (l) create a browser or border environment around Playmania Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Services and/or Content; (n) frame or mirror any part of the Services without Playmania’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Services; (p) transmit or otherwise make available in connection with the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Services for any purpose for which the Services are not intended; and/or (r) infringe and/or violate any of the Terms.
Title and Ownership
You acknowledge and agree that the Services, including any revisions, corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, and any copies you are permitted to make under these Terms are owned by the Company, its affiliates or its licensors, and are protected under copyright laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the Services, including associated intellectual property rights (“Intellectual Property”) (including, without limitation, any patents (registered or pending), copyrights, trade secrets, designs or trademarks), evidenced by or embodied in and/or attached or connected or related to the Services, are and shall remain owned solely by the Company and/or its affiliates and/or its licensors. These Terms do not convey to you any interest in or to the Services, but only a limited, revocable right of use in accordance with these Terms. Nothing in these Terms constitutes a waiver of our intellectual property rights under any law. To the extent you provide any feedbacks to Playmania (“Feedback”), Playmania shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Playmania current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require Playmania to comply with any additional obligations with respect to any Playmania current or future products, technologies or services that incorporate any Feedback.
“Playmania”®, Playmania’s marks and logos and all other proprietary identifiers used by the Company (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Services belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
Changes to The Services and/or Terms
We may, at our sole discretion, change, modify, add to or delete any of the terms and conditions of these Terms, and/or the Content and/or the Services at any time, without prior written notice to you. In the event of any material changes to the Terms, we will make reasonable efforts to post a clear notice on the Services and/or will attempt to send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Your continued use of the Services, following any change to these Terms, constitutes your complete and irrevocable acceptance of any such change. If any modification to these Terms is not acceptable to you, your only recourse is to cease using the Services.
To use the Services, you must be over the age of thirteen (13). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Services. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using the Services, we will prohibit and block you from accessing the Services and will make all efforts to promptly delete any information with respect thereto.
Virtual Good Terms
Playmania may offer You, a player of a Game published by Playmania, certain virtual currencies, virtual goods, or services to be used within a Game and which You may earn or redeem via gameplay (“Virtual Goods”). Virtual Goods may be offered to You as part of a program that is subject to an advance recurring payment (“Subscription”) or separately within the Game itself.
By clicking the available confirmation button in the Game, You confirm the purchase of a license to use the Virtual Goods. You do not own Virtual Goods but instead you purchase a limited personal revocable license to use them. Virtual Goods are non-transferable, personal to You, and limited only for Your private, non-commercial use solely within the Game in which the Virtual Goods were purchased. Playmania has no obligation to exchange Virtual Goods for anything of value and shall not be liable for any loss of Your Virtual Goods. Virtual Goods do not have an equivalent value in real cash and do not act as a substitute for real money or reflect any stored value.
ALL SALES BY US TO YOU OF VIRTUAL GOODS ARE FINAL AND NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW. You will not receive money or other compensation for unused Virtual Goods when an account is closed or terminated for any reason.
Playmania may revise the pricing for the Virtual Goods at any time. Playmania may modify or eliminate Virtual Goods at any time, with or without notice.
Playmania may offer You, a player of a mobile game published by Playmania, Subscriptions that are subject to an advance recurring payment. Subscriptions will provide You with access to Virtual Goods or additional content within the Game (“Subscription Content”). Each Subscription will detail the Subscription Content, the Subscription period, and the amount required to be paid (“Fees”) to receive the Subscription Content.
The Subscription is offered within a Game played on a Platform. The Subscription is non-transferable and shall only be used by a single user within the Game it was purchased, and can only be accessed through Your account in the applicable Platform (the “Account”), by which the purchase was made. Upon purchase of the Subscription program, You will be entitled to the Subscription Content, as detailed in the offered Subscription. Playmania may, in addition to the Subscription Content, offer one-time or limited-period Virtual Goods to certain Players, which are excluded from and in addition to Your ongoing Subscription.
2. Subscription Period(s):
The Subscription period includes the following (each, a “Subscription Period” and collectively, the “Term”):
- A Free Trial: As part of the Subscription, we may offer You a trial period, free of charge, for a certain period of time from the purchase of the Subscription. If You do not cancel the Subscription at least 24 hours before the end of the trial period, You will automatically be converted into the paid Subscription period. Please note that Your paid Subscription begins immediately after the activation of a trial Subscription, not after the trial period.
- Paid Subscription period: You will be automatically charged the price quoted in the offer on a periodic basis, as mentioned in the Subscription offer.
- Automatic Renewals: The Subscription will be automatically renewed as long as all of the following conditions are met:
- The Game is available at the applicable Platform.
- The Subscription is still available.
- Your Account will be charged for the Subscription Fees by the Platform owner using the payment method specified by You therein. Thus, additional payment terms of the applicable Platform may apply. Please review the applicable Platform’s terms for additional information. If You have any questions or other payment related issues, please contact the applicable Platform’s customer support directly.
- Subscription rates are based on an amount in U.S. Dollars. If You are using a local currency, the actual amount may fluctuate based on currency exchange rates without notice to You.
- The Fees are non-refundable, unless otherwise required by applicable law or stated in the applicable Platform’s terms. You hereby understand and agree that You will not be entitled to any compensation or refund for any unused Virtual Goods.
- You are responsible for paying the Fees, including but not limited to providing a valid payment method in Your Account.
- Playmania may, at any time and in its sole discretion, change the Fees and will notify You within a reasonable time in advance of any Fee changes. If you disagree with a change, you should cancel the Subscription.
- You may cancel the Subscription at any time directly through Your Account settings. For more information on how to cancel Your Subscription, please contact the applicable Platform’s customer support or review their website, or contact Playmania at firstname.lastname@example.org.
- If you cancel a Subscription, your cancellation will be effective at the end of the then-current Subscription Period. If You cancel Your Subscription more than 24 hours before the expiration of the then-current Subscription Period, the Term of Your Subscription will expire at the end of the then-current Subscription Period. Otherwise, Your Account will be charged for an additional Subscription Period and shall expire at the end of the additional renewed Subscription Period.
- With respect to Free Trials, in order to prevent Your Account from being charged, You should cancel Your Subscription at least 24 hours before the end of Your Free Trial. In that case, Your Subscription will be terminated at the end of the Free Trial. If You choose not to cancel Your Subscription within the trial period, Your Account will be automatically charged for the Fees.
- For the avoidance of doubt, Playmania may, at any time and at its sole discretion, cancel the Subscription. Upon such a cancellation, Your Subscription shall survive until its expiry and shall not be renewed.
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. THE COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE AND ERROR-FREE.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL THE COMPANY OR ITS AFFILIATES DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR ANY CONTENT. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to You.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE COMPANY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH THE SERVICES IS TO IMMEDIATELY CEASE USE OF THE SERVICES.
THE COMPANY’S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH YOUR USE OF THE SERVICES SHALL NOT EXCEED ONE U.S DOLLARS (UScontent.00).
You agree that any claim you may have arising out of or relating to Your relationship with Playmania or its affiliates must be filed within one year after such claim arose; otherwise Your claim is permanently barred.
Liability Under Apple License Agreement
Notwithstanding, anything contained in Apple Developer Program License Agreement (“Apple License Agreement”) or anywhere else, and without prejudice to any other rights or powers under the Apple License Agreement or under the applicable law, the maximum/total liability of Playmania for all damages, any direct or indirect claims, actions, suits or proceedings (including legal costs) arising under Apple License Agreement shall not exceed One US Dollars.
Furthermore, in no event shall Playmania be liable to Apple for any indirect, direct, special, incidental punitive or consequential damages whatsoever, (including but not limited to, any loss of business, loss of profit, loss of data, loss of reveue, loss of interest, business interruption, loss of goodwill and/or reputation, any other commerical damages or losses, etc) arising out of or related to the breach of any provision of the Apple License Agreement.
You shall indemnify, defend, and hold us and our directors, officers, and employees from and against all claims, suites, costs, damages, losses, liability, and expenses, including reasonable attorneys’ fees and other legal expenses, arising from or incurred as a result of your use of the Services, or your violation of these Terms. You agree Playmania may take exclusive control of the defense of any legal action for which you are required to indemnify under these Terms, at your expense. You further agree to cooperate in our defense of these actions. Playmania will use reasonable efforts to notify You of any claim for which You are obligated to indemnify under these Terms.
Links to Third Party Sites or Services
At any time, we may discontinue your use of the Services, at our sole discretion, with or without any reason or prior notice, in addition to any other remedies that may be available to Playmania under any applicable law.
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. You may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification. No amendment hereof will be binding unless in writing and signed by Playmania. The parties agree that all correspondence relating to these Terms shall be written in the English language.
Law and Jurisdiction
These Terms will be governed by, construed, and enforced in accordance with the laws of Israel, without regard to its conflicts of law principles or provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is specifically excluded of these Terms.
Any disputes arising out of or in connection with these Terms or Your use of the Services, to the fullest extent permitted by law, shall be finally exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in Tel Aviv, Israel and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. Each party’s responsibility to pay the costs of the arbitration – the fees and expenses of the arbitrators and the ICC administrative expenses – will depend on the circumstances of the arbitration and are set forth in the ICC Rules. The award passed by the Arbitrator shall be final and binding. Nothing contained herein shall prevent the Company from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against you, in order to restrain the breach of any restrictive covenants pursuant to these Terms. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible.
Class Action Waiver
YOU AND PLAYMANIA AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW, WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
THIS MEANS THAT YOU AND PLAYMANIA BOTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
FURTHER, UNLESS YOU AND PLAYMANIA AGREE OTHERWISE IN WRITING, THE ARBITRATOR IN ANY DISPUTE MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS ACTION PROCEEDING.
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.