PLAYWING reserves the right to change, modify, add, or delete clauses in these Terms at any time, in accordance with the procedures described below in Article 17. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you are agreeing to such modifications. Add this page to your bookmarks and consult this site regularly to find out about any updates to the Terms.
If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
The Services are for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by the Terms, you may not sell or exchange anything you copy or derive from the Services. As long as you comply with these Terms, PLAYWING grants you a personal, non-exclusive, non-transferable, limited right during the term of these Terms to enter, use, perform, and display the Services and everyone on it. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.
2.1 Creation of your Account.
Access to and use of certain additional functions and/or benefits of the Services are subject to the creation of an account with Playwing (the "Account"). If you do not have an Account opened with Playwing, you can create one at www.Playwing.com.
To create an Account, you must have an e-mail address and supply truthful and accurate information. You must be authorized to use the Services for which you register, and in particular meet the age criteria. Certain Services may require the creation of a "Username" or an "avatar". Usernames and avatars are linked to your Account. You may not use a Username and/or an avatar which is already used by someone else, which does not meet the requirements of these Terms or the ethical rules which apply on the Internet, or which is insulting, vulgar, obscene, defamatory or in any other way in violation of the rights of others (in particular, without limitation, name rights and image rights). Except if specifically allowed within the Service, you acknowledge that you may not create multiple Accounts and that you will immediately close your additional Account upon Playwing’s request. Playwing advises you not to include your surname in your Username. You agree to your Username being publicly displayed in the course of the use of the Services. Playwing reserves the right to refuse registration of, or cancel, a Username in its sole discretion.
You are solely responsible for maintaining the confidentiality and security of your Account and any User identifications, passwords, authentication codes or other security devices or procedures (collectively "Password"). Do not reveal the Password of your Account to outside parties. We are not responsible for any losses arising out of the unauthorized use of your Account. Playwing will never ask you to reveal your Password and will never take the initiative of contacting you to ask you for the memory joggers associated with your Password. We reserve the right to suspend your access to the Services and change (or require you to change) your Password at any time. Any use of your Account with your Password, and in particular any purchase of Services, is deemed to be carried out by you.
If any contact details (including without limitation, Username, e-mail address and billing address) change, you agree to notify Playwing in writing within thirty (30) days of the occurrence of such change.
2.2 Accuracy and Use of your Account Data.
You agree to supply true, accurate, up-to-date and complete personal information and keep it up to date (including in the event of a transfer of data from a pre-existing Account), in accordance with Playwing’s requests in the registration process.
You shall not claim to be any other person or entity and shall not represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the Username, password or any other information relating to someone else's Account or the name, likeness, voice, image or photograph of another person or by providing false information concerning a parent or legal guardian when the registration process asks you to give this information.
You acknowledge and accept that Playwing may take action to check the accuracy of the information you give, including by carrying out undefined checks of any landline or mobile telephone number and/or e-mail address you have given for a parent or legal guardian when applicable. In order to protect other Users and prevent risks of fraud, you agree to send the necessary authorizations and supporting documents to Playwing on request by e-mail, fax or post. The documents requested may include a copy of your national identity card or your passport.
If you provide any information that is false, inaccurate, outdated or incomplete, or Playwing has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Playwing has the right to suspend or terminate your Account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You also agree to inform Playwing as quickly as possible at email@example.com of any unauthorized use of your Username, password or other information concerning your Account or of any other security violation concerning or involving the Services which comes to your attention.
Our Games may include virtual currencies (“Virtual Money") or items or services for use with our Games (“Virtual Goods"). You agree that once purchased Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money and/or Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money and/or Virtual Goods to anyone else.
You do not own Virtual Goods and/or Virtual Money but instead you purchase a limited personal revocable license to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.
You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this clause, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.
If you do not connect your Game play on a device to an account that is linked to either your social network account or a Playwing account, we will not be able to restore any Virtual Money or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:
The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device and so is not synced between different devices even if you have connected your game play on a device to an account that is linked to either your social network account or Playwing account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Virtual Goods which you purchase from us, upon completion of the purchase as described above; and/or (ii) in other cases, at the time the Virtual Goods are credited or awarded to you.
If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
We may revise the pricing for Virtual Goods and Virtual Money offered through the Services at any time. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.
Depending on your platform, any Virtual Goods or Virtual Money purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
If we suspend or terminate your account in accordance with these terms you may lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, carrier billing and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavor to fulfill your order immediately at the point of purchase.
4.1 Use of Services.
The Services are intended for personal use only and you must in no case use them in any way for commercial purposes. You undertake not to sell, rent out or market the Service or Materials. You also undertake not to arrange, modify, decompile, disassemble, subject to reverse engineering, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any element of the Services or Content except as expressly permitted by the Terms. Re-posting or automated use or large-volume use of the Services or Content or transfer of any Services or Content to any other computer or mobile device are expressly prohibited except as expressly permitted by the Terms. For the purpose of these Terms, Content shall include all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Services, individually or in combination, together with all related Intellectual Property Rights in the above, (collectively, the "Content").
You undertake to comply at all times during use of the Services (i) with the national and international laws and regulations in force and (ii) with these Terms. YOU GUARANTEE THAT YOU WILL NOT USE THE SERVICES (INCLUDING THROUGH THE CREATION AND USE OF ANY CONTENT GENERATED BY YOURSELF) FOR UNLAWFUL OR IMMORAL PURPOSES OR FOR PURPOSES CONTRARY TO THE USE OF THE SERVICE.
Use of the Services does not include supply by Playwing of a computer or any other hardware, equipment or service necessary for their use. To use the Services, you must have your own means of telecommunication and Internet access.
4.2 Rules of Conduct.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. More particularly, you undertake not to directly or indirectly:
If you are a minor, you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services and fulfil the obligations set forth in these Terms.
Playwingrestricts access to certain Services on age grounds or in certain jurisdictions, for certain Services and functions, Playwingmay allow a Child to register for certain Services with parental approval. When a Child registers, (s)he must supply the e-mail address, or other contract information, of a parent or legal guardian who will be contacted by Playwingto ask him/her to confirm, refuse or modify his/her Child’s registration. The parent/legal guardian may be asked to provide additional documentation or perform additional actions as part of the approval process as consistent with applicable law Playwingreserves the right to refuse access to the Service pending confirmation and activation by his/her parent or guardian. In addition, Playwingreserves the right to ask for written proof of parental consent for any User or potential User of the Services we suspect is a minor. Parental consent applies exclusively to the Service for which it has been granted.
In all cases, use of the Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them. AS FAR AS IS PERMITTED BYAPPLICABLE LEGISLATION, PLAYWING DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO RESISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
You acknowledge that all materials on the Services, including the Services' design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials") are the property of Playwing, its parent company or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Playwingor the respective copyright owner, which may be granted at its sole discretion.
The trademarks, services marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Services and any Marks associated with any products available on the Services) are the sole property of Playwingand/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Playwingand/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Playwingand may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Playwing. Playwingwill enforce its intellectual property rights to the fullest extent of the law.
Playwingmakes no representations that the Services, Materials or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not Playwingand its Affiliates, are responsible for compliance with applicable local laws. You may submit reviews, comments, or other feedback on the Services.
7. AVAILABILITY OF THE SERVICES
For residents in the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
For residents outside the United States: Subject to the next sentence, we do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Money and/or Virtual Goods or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
Entirely at its own discretion, and subject to applicable law and its editorial policy for each Service, Playwingmay highlight certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.
Links on the Services to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. Playwingdoes not control or endorse any such third party websites. You agree that Playwingwill not be responsible or liable for any content, goods, or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Subject to applicable law, Playwingexpressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that Playwingshall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party applications on the Services.
Playwingis not responsible for the third party products or services (including third party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES AND GAMES IS AT YOUR OWN RISK.
THE SERVICES ARE SUPPLIED ON AN "AS IS" OR "AS AVAILABLE" BASIS. PLAYWING, ITS PARENT, SUBSIDIARIES, OTHER AFFILIATED COMPANIES AND PLAYWING'S LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES WORLDWIDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
PLAYWING DOES NOT GUARANTEE AND MAKES NO COMMITMENT OR WARRANTY CONCERNING THE USE OF THE SERVICES OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CONFORMITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY ETC. WITHIN THE LIMITS AUTHORIZED BY APPLICABLE LAW, PLAYWING DECLINES TO OFFER ANY GUARANTEE CONCERNING THE MARKET VALUE OF THE SERVICES AND GAMES, YOUR SATISFACTION OR THE SUITABILITY OF THE SERVICES OR GAMES FOR A PARTICULAR USE. IN ADDITION, PLAYWING OFFERS NO GUARANTEE THAT THE SERVICES AND GAMES, INCLUDING THE SERVERS AND SOFTWARE NECESSARY FOR THEIR OPERATION WILL BE SECURE, FREE OF INTERRUPTION OR ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS, OR THAT ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS WILL BE CORRECTED. LASTLY, PLAYWING OFFERS NO GUARANTEE THAT THE INFORMATION, CONTENTS AND/OR ELEMENTS ACCESSIBLE VIA THE SERVICES AND GAMES ARE ACCURATE, COMPLETE OR UP TO DATE. PLAYWING THEREFORE OFFERS NO GUARANTEE AND ACCEPTS NO RESPONSIBILITY TO YOU WITH REGARD TO YOUR OWN ACTIONS AND/OR THE ACTIONS OF OTHER USERS OF THE SERVICES. LASTLY, PLAYWING MAY NOT BE HELD RESPONSIBLE FOR THE PRODUCTS OR SERVICES OF AN OUTSIDE COMPANY PURCHASED ON THROUGH THE SERVICES. PLAYWING DOES NOT OFFER ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING SUCH PRODUCTS OR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU WILL BEAR ALL COSTS AND ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES. IN ADDITION, YOU WILL BEAR THE WHOLE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION REQUIRED. YOU WILL BEAR ALL RISKS ASSOCIATED WITH TIME AND EFFORT LOST, LOSS OF DATA (PARTICULARLY ANY GAME DATA), ERRORS OR LOSS OF COMMERCIAL OR OTHER INFORMATION RESULTING FROM THE USE OF THE SERVICES AND GAMES.
YOU WILL BEAR SOLE RESPONSIBILITY FOR ANY DAMAGE CAUSED TO PLAYWING, ITS PARTNERS, OTHER USERS OF THE GAMES AND SERVICES OR ANY OTHER INDIVIDUAL OR LEGAL ENTITY AS A RESULT OF YOUR USE OF ALL OR PART OF THE SERVICES AND/OR GAMES IN VIOLATION OF THE LAW OR OF YOUR OBLIGATIONS AS STIPULATED IN THESE TERMS.
PLAYWING MAY IN NO CASE BE HELD LIABLE FOR PAYMENT TO YOU OF ANY SUM OR ANY DAMAGES AS A RESULT OF YOUR BEING UNABLE TO USE ALL OR PART OF THE SERVICES. IN NO CASE MAY PLAYWING BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL OR OTHER DAMAGES RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE SERVICES AND GAMES, EVEN IF PLAYWING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (V) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WEILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLAYWING AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IN THE EVENT OF A BREACH OF YOUR LEGAL OR CONTRACTUAL OBLIGATIONS, PLAYWING RESERVES THE RIGHT (i) TO DELETE YOUR ACCOUNT AND TERMINATE YOUR LICENSE FOR USE OF THE GAMES AND SERVICES AND (ii) TO TAKE LEGAL ACTION ON GROUNDS OF CIVIL OR CRIMINAL RESPONSIBILITY IN ORDER TO HALT THE VIOLATION AND OBTAIN COMPENSATION FOR ITS LOSSES. IN PARTICULAR, WITHOUT LIMITATION, PLAYWING RESERVES THE RIGHT TO PROSECUTE ANY USER WHO WAS DELIBERATELY DAMAGED OR ATTEMPTED TO DAMAGE THE SERVICES OR DISRUPTED THE LEGITIMATE FUNCTIONING OF THE SERVICES OR PROVIDED ASSISTANCE FOR SO DOING.
PLAYWING RESERVES THE RIGHT TO TERMINATE ALL OR PART OF THE AVAILABLE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE.
YOU ACKNOWLEDGE AND ACCEPT THAT, WITHIN THE LIMITS AUTHORIZED BY LAW, IN THE EVENT OF A DISPUTE WITH PLAYWING OR ITS LICENSORS YOU MAY (i) CEASE TO USE THE SERVICES AND TERMINATE YOUR ACCOUNT AND, (ii) IF APPLICABLE, TAKE LEGAL ACTION TO OBTAIN COMPENSATION FOR YOUR LOSSES. THE LIABILITY OF PLAYWING, INCLUDING ITS LICENSORS AND AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY REFERRED TO AS THE "AFFILIATES") TO YOU MAY NOT EXCEED THE PRICE YOU HAVE PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE DISPUTE.
REGARDLESS OF THE ABOVE, THE PROVISIONS OF THIS ARTICLE IN NO CASE LIMIT PLAYWING'S LIABILITY TO YOU IN THE EVENT OF FRAUDULENT STATEMENTS OR DEATH OR PHYSICAL INJURY RESULTING FROM PLAYWING'S NEGLIGENCE. IN ADDITION, THE RESTRICTIONS, EXCLUSIONS AND NON-LIABILITY CLAUSES OF THIS ARTICLE AND OF THE OTHER STIPULATIONS OF THESE TERMS APPLY WITHIN THE LIMITS OF APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OTHER REMEDIES, PLAYWING MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR PLAYWING SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND PLAYWING IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
PLAYWING RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Playwing reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Playwing shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by following the process described on our support page located at http://www.playwing.com/contact/informing Playwing that you wish to terminate your Account.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
If you are a resident outside of the United States you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of England for any litigation arising out of or relating to use of or purchase made through the Services (and agree not to commence any litigation relating thereto except in such courts).
i) Titles and Headings
The headings of the clauses are intended solely to facilitate reading and understanding of these Terms and may in no case allow any assumption to be made as to the content of the clauses and the way in which they may be interpreted.
If any one of the clauses of the Terms proves to be unnecessary or irrelevant; is deemed null and void or unlawful, and/or for any reason to be unenforceable by a court of competent jurisdiction (i) said clause will be interpreted in compliance with the applicable legislation in such a way as to best reflect Playwing’s initial intentions and (ii) the other clauses of these Terms will remain unchanged and will continue to apply as if the unnecessary, irrelevant, null and void or inapplicable provisions were no longer contained in the Terms. When used in Terms, the term "including" shall be deemed to be followed by the words "without limitation."
iii) No Waiver
The fact that Playwing or the User does not exercise or assert any right or provision contained in these Terms, or is slow to exercise or assert it, may not be considered to constitute waiving of this right or provision. Waiver of one of the provisions of these Terms may be considered to have taken place only after signing of a written statement to this effect by Playwingor by the User.
iv) Entire Agreement.
v) Force Majeure
Subject to applicable law, Playwingmay not be held liable for circumstances beyond its reasonable control.
These Terms can be accessed at any time athttp://www.playwing.com/privacy/. For any question concerning these Terms or the Services, you may contact Playwing at the following address: firstname.lastname@example.org.
Last Updated: September 14, 2017
Last updated on: May 25th, 2018
INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE
INFORMED CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN
ACCESS THE SERVICES.
Your personal information
If you choose to open an account with us, register for a contest, sign up for our newsletter, request support, or in any other way take steps that require the submission of Personal Information we may collect information such as your name, email address, physical address, date of birth, gender and/or phone number.
If you choose to connect to one of our Websites/Apps through a third-party social network such as Facebook or Game Center, we may collect Personal Information from your profile on such third-party social networks, such as your name, username, photograph, gender and date of birth.
If you choose to send a message to another user or defined group of users through our message, chat, post or other in-game function, we may collect any Personal Information you may disclose through such means, as well as the necessary Personal Information of the user(s) you are contacting, in order to facilitate the communication (Note: we will never collect any information sent outside of the functionality of our Websites/Apps, including through emails or text messages).
We may collect precise geolocation information provided that, prior to doing so initially, you will either be informed of such practice or be prompted to allow or disallow such feature. In the event you proceed with acquiring the Website/App or choose to allow such feature, you will have the ability to disallow it at any time thereafter by taking the appropriate steps in the Settings tab.
We will not collect any Personal Information from you simply by virtue of your visiting our Website; we only collect it if you choose to submit it to us. We do, however, collect information such as device IDs, IP addresses and other persistent identifiers, as well as Usage Data, whenever you use our Website/Apps.
Table of content:
When does Playwing collect your personal information?
What information does Playwing collect?
How will my personal information be used?
With whom does Playwing share my personal information?
Does Playwing make my personal information public ? Who can see my personal information ?
How do I access my personal information?
Does Playwing collect personal information from Children under 13?
What safeguards does Playwing use to protect my personal information?
When does Playwing collect your personal information?
Playwing collects and processes your personal information at different times when you interact with our Services. Generally, personal information is collected when:
(a) you use a Service,
(b) you create an Account,
(c) you make a purchase within our Services,
(d) you create user generated content,
(e) you watch advertisements within our Services,
(f) you sign up for a newsletter,
(g) you contact Playwing customer service and during technical support sessions,
(h) you enter into a contest or sweepstakes,
(i) you chat with other users of the Services,
(j) you participate in a beta or otherwise download a patch or a demo, or
(k) you share or otherwise contribute to our social media channels or other community websites.
Whatever the activity may be, and in accordance with the minimization principle stated in the GDPR, we will only collect personal information to the extent necessary to provide you with the Services and fulfil your requests.
What information does Playwing collect?
Information you give us directly
Contact information (such as name and email address, country, date of birth)
Player name and password
Profile information (such as profile photo)
Your messages to the Service (such as chat logs and player support tickets)
Other data you choose to give us (such as data to identify a lost account)
Information we collect automatically when you use our Services
Information about your account and game progress
IP address and mobile and other hardware or device identifiers (such as your device ID, advertising ID, MAC address, IMEI)
Information about your device, such as device name
Browser information, including browser type and language
Information we collect with cookies and similar technologies (see more below)
General location data
Precise geo-location data (GPS, with your consent)
Information about your use of the Service, such as gameplay data and your interactions with other players inside the Service
Information provided to us by Third Parties
Information we receive if you link a third party tool with the Service (such as Facebook or Google)
Information to fight fraud (such as refund abuse in games or click fraud in advertising)
Information from platforms that the games run on (such as to verify payment)
Information for advertising and analytics purposes, so we can provide you a better Service
If you purchase in-game virtual currency or items in a game you play, our third-party payment processor will collect the billing and financial information it needs to process your charges. This may include your postal address, e-mail address, and financial information. Playwing’s payment processors do not share your financial information, like credit card numbers, with Playwing, but they may share non-financial information with us related to your purchases, like your name, billing address, and the items purchased.
How will my personal information be used?
We will use your Personal Information to:
provide you with the Services (creation of your Playwing account, bug detection, fighting fraud, online payment…etc.)
offer the best possible experience to users, and improve the Services (in-game data analytics…etc). It is in Playwing’s legitimate interest to process your data for these purposes
to create your game accounts and allow you to play our games
Verify and confirm payments
Develop and improve the Service and player experience
track your use of our Websites/Apps to help us learn more about your gaming activities and understand your preferences and tendencies so that we can personalize your experience, provide you with in-game offers and notifications that are tailored to you, and otherwise enhance your gaming experience
to identify and suggest connections with other Playwing players and personalize our Services to you
Playwing does not disclose your personal data to any third party without your prior consent.
In accordance with relevant laws, Playwing may have to disclose your personal data to a judiciary or administrative entity, whenever such disclosure is deemed necessary for identification, challenging or enforcing legal rights against any individual that may potentially jeopardise to Playwing or any other Playwing user’s rights.
Because different countries may have different data protection laws than your own country, we take steps to ensure adequate safeguards are in place to protect your data as explained in this Policy. Adequate safeguards that our partners may use include standard contractual clauses approved by EU Commission and the Privacy Shield certification in case of transfers to the USA
We may disclose your Personal Information or other information collected if required by law or court order, if the information relates to actual or threatened harmful conduct, to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the Websites/Apps, or to protect the property or safety of others.
In connection with any sale of our company or any line of business (including the assets relating thereto), customer information generally is one of the transferred business assets, and such customer information (including your Personal Information) will be transferred or sold to the acquirer in the event of any such sale or disposition of any or all of our business.
Information such as age and gender may be used to ensure that appropriate advertising is offered to you. Usage Data and Information such as advertising identifiers (advertising ID and IP address) may be used to determine how many clicks an ad received, to measure the effectiveness of ad campaigns, to determine the proper amount of repeat views of a given ad, and/or to deliver ads that best relate to your interests. Depending on your device and its operating system, you may be able to choose to prevent your device's ad identifier being used for interest-based advertising or reset your device's ad identifier by changing the settings of your device.
You can control and limit our use of your advertising ID in your device settings
We ask that you keep the Personal Information that you provide to us current and that you correct any information you have provided us by contacting us at email@example.com . You represent and warrant that all Personal Information you provide us is true and correct and relates to you and not to any other person.
If you wish to opt out of further communications from us, or if you wish to review, delete and/or revise the Personal Information we have stored about you, please contact us with your specific request at firstname.lastname@example.org; provided, however, that we reserve the right to retain an archive of such Personal Information for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such information.
If you have previously
consented to our sharing of your Personal Information to third
parties for any purpose, including direct marketing purposes, you may
opt out at any time by contacting us at email@example.com
and including “Opt Out of Disclosure” in the subject line.
If you wish to opt out of push notifications, select the Settings tab for the applicable Website/App, and follow the necessary prompts to opt out of further push notifications.
If you use the Websites/Apps, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.
Many of our Websites/Apps are intended for general audiences, and we do not knowingly collect or use any Personal Information from children under the age of 13. When users are identified as under 13, we will block such users from providing Personal Information or make sure to get prior parental consent before collecting Personal Information. To the extent we feel that any of our Websites/Apps are directed to children under the age of 13, we will not collect Personal Information from users of those Websites/Apps.
If you are a parent of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at firstname.lastname@example.org and we will delete the information from our system.
Certain of our Websites/Apps may permit in-game purchases, even if the applicable game was free to download. Such purchases do not always require the re-entry of credit card information because they may be made through an existing third-party account (such as an iTunes account). If you are a parent who is concerned about this feature, you may disable the ability to make in-game purchases by selecting the Settings tab for the applicable Website/App, and following the necessary prompts to prohibit such purchases.
If you are between the age of 13 and 18, please obtain your parents' permission prior to registering with our Platform or providing us with any Personal Information.
In accordance with GDPR, you have a right to access, rectify, erase, object, or restrict processing for all your personal data processed by Playwing, as well as the right of data portability. You can exercise these rights by writing to Playwing customer support, via the following website http://www.playwing.com/. Playwing will answer your request within a month following the receipt of your demand. In accordance with GDPR, Playwing reserves the right to extend this delay up to three months if it necessary regarding the complexity of your demand, or based on the number of demands we receive. In such case, we will inform you of this extension within a month following the receipt of your demand. For any data processing activity requiring your consent (cookies, behavioural advertising…etc), you may withdraw your consent at any time. This withdrawal does not affect the lawfulness of any previous processing. You may also address any complaint to the national supervisory authority of your country.
In accordance with Article 15 GDPR you have the right to request information as to whether or not, and to what extent, we process personal data about you.
You have the right to have us correct your data in accordance with Article 16 GDPR.
You have the right to have us delete your personal data in accordance with Article 17 GDPR.
You have the right to have the processing of your personal data restricted in accordance with Article 18 GDPR.
You have the right, in accordance with Article 20 GDPR, to receive the personal data concerning you that you have provided to us, in a structured, commonly used and machine-readable format and to transmit this data to another controller.
In accordance with Article 21 GDPR, you have the right to object to any processing operations executed that use Art. 6 paragraph 1 sentence 1 letter e and letter f GDPR as their legal basis
It is entirely your choice whether or not you provide Personal Information to us. We and/or our third-party partners have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the Personal Information collected through the Websites/Apps. We take, or obligate applicable third parties to take, reasonable precautions to protect our customers' Personal Information against loss, misuse, unauthorized disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk. We cannot ensure or warrant the security of any information you transmit to us by email and you do so at your own risk.
When we use third
parties to assist us in processing your Personal Information or
credit card information we take reasonable steps to require that they
Information (including any credit card information).
If there is a breach of security involving your credit card information from our Websites/Apps, we will inform you immediately and take commercially reasonable steps to rectify such breach.
If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at email@example.com .
In the event you choose to establish an account with us, you should not share your login information with anyone.
Data controller : Playwing Ltd, White Collar Factory, Unit 311, 1 Old Street Yard, London EC1Y 8AF