THIS LEGAL AGREEMENT SET OUT BELOW BETWEEN YOU AND PLAYTIKA LTD. (“PLAYTIKA”) GOVERNS YOUR USE OF THE PLAYTIKA REWARDS GAME CENTER SERVICE (THE “SERVICE”). BY ACCESSING OR USING THE SERVICE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
Playtika is the provider of the Service, which permits you access to download software products identified as applications that have been developed, and are licensed to you, by Playtika and are made available through the Playtika Rewards Game Center (the “Products”) and purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses or chips all for use in the Service or virtual in-game items or collections, all with no cash value (“Virtual Items”), for end user use and only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE SERVICE
Only persons age 21 years or older can create accounts.
Use of the Service requires compatible devices, Internet access, and certain software (third party fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of required software is recommended to access the Service and may be required for certain transactions or features and to download Products and use Virtual Items previously purchased or acquired from the Service. You agree that meeting these requirements, which may change from time to time, is your responsibility.
As a user of the Service, you have an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Playtika of any security breach of your Account. Playtika shall not be responsible for any losses arising out of the unauthorized use of your Account.
Playtika will, from time to time, automatically collect information related to your Products, such as your time spent with each Product and the number of times each Product is launched, your play history and Virtual Items purchased or acquired through Playtika. This information will be stored anonymously and will not be associated with your name or Account. Playtika will use this information, as well as other information, to give personalized recommendations to you.
Playtika may use this information and combine it with aggregated information of other users, your purchase history data, your download data, aggregated purchase history and download data from other users, and other information obtained from third parties, to:
- Create personalized offers for you.
- Provide you with offers regarding other Products and Services that you may wish to purchase or acquire.
- Provide recommendations regarding Products and Services to other users.
If you prefer that we do not collect and use information from you in this manner, you should opt out by approaching Playtika’s support team at email@example.com. After you opt out, Playtika will no longer send or use information about your use of the Services.
USE OF PRODUCTS
You agree that, whether or not Products are limited by security technology, you shall use Products in compliance with the Playtika’s Terms of Services at http://www.playtika.com/terms-service, the Playtika Rewards Rules at https://www.playtikarewards.com/rules/, Promotion Official Rules at http://www.playtika.com/promotion-official-rules, Infractions Terms at http://www.playtika.com/infraction-terms and the applicable usage rules established by Playtika and its licensors (“Playtika’s Terms”), and that any other use of the Products may constitute a copyright infringement. Any security technology is an inseparable part of the Products. Playtika reserves the right to modify the Playtika’s Terms at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Products for any reason or to attempt or assist another person to do so. Products are controlled and monitored by Playtika, and Playtika reserves the right to enforce the Playtika’s Terms without notice to you. You agree not to access the Service by any means other than through software that is provided by Playtika for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
Products may include functionality that enables you to receive additional services, or licenses to additional functionality or content for use within the Product (“In App Purchases”). Once a consumable In App Purchase is acquired and received by you, Playtika shall be without liability to you in the event of any loss, destruction, or damage. All In App Purchases are deemed Products, and treated as such, for purposes of these terms and conditions.
You must enter your payment details to acquire In-App Purchases when prompted, once you have entered your payment details to obtain an In-App Purchase and the transaction was approved, you will be able to set a PIN Code, which will enable you to acquire additional In-App Purchases without re-entering your payment details, and in order to protect unauthorized In-App Purchases with the payment method on file. You can turn off the ability to acquire In-App Purchases and make Product transactions by adjusting the settings of your Account in the Playtika Rewards Game Center. For more information, please contact: firstname.lastname@example.org.
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all Virtual Items you purchase through the Services, and that Playtika may charge your payment method for any Virtual Items purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PLAYTIKA WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. For details of how purchases are billed please visit: https://www.braintreepayments.com/legal.
Your total price will include the price of the Virtual Item plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you purchase the Virtual Item.
All sales of Virtual Items are final.
Prices for Virtual Items offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
If a Virtual Item becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Virtual Item, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Playtika.
Playtika shall be responsible for and agree to reimburse players for all justified chargeback and refund claims. Credits provided by Playtika are limited for a period of one year. Playtika shall not be liable for any chargeback and refund claims in the event of an unlawful request, abuse of our Services, or infringement of Playtika’s Terms.
GIFT CERTIFICATES, PLAYTIKA CARDS AND CODES AND ALLOWANCES
Gift Certificates, Playtika Cards and Codes and Allowances are issued and managed by Playtika.
Gift Certificates, Playtika Cards and Codes and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold; used to purchase Gift Certificates, Playtika Cards or Codes, or used to provide Allowances. Unused balances are not transferable.
Playtika is not responsible for lost or stolen Gift Certificates, Playtika Cards or Codes, or Allowances. Risk of loss and title for Gift Certificates, Playtika Cards and Codes and Allowances transmitted electronically pass to the purchaser upon electronic transmission to the recipient.
Playtika reserves the right to close accounts and request alternative forms of payment if a Gift Certificate, Playtika Card or Code or Allowance is fraudulently obtained or used on the Service.
PLAYTIKA AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, PLAYTIKA CARDS OR CODES ALLOWANCES, OR THE PLAYTIKA REWARDS GAME CENTER INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, PLAYTIKA CARD OR CODE OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE, PLAYTIKA CARD OR CODE OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the products offered through the Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the Products offered through the Service if you have ever suffered these or similar symptoms, and stop using such Products immediately and see a doctor if they occur during your use of such Products.
PRODUCT MAINTENANCE AND SUPPORT
Playtika will be responsible for providing any maintenance and support services with respect to the Products, as specified in the Playtika’s Terms, or as required under applicable law.
You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Playtika and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Playtika and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Playtika be liable for making these changes. Playtika may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Playtika and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Playtika, the Playtika logo, and other Playtika trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Playtika Ltd. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail, or Playtika suspects that you have failed, to comply with any of the provisions of this Agreement, Playtika, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
Playtika reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Playtika will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
PLAYTIKA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PLAYTIKA MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY PLAYTIKA) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL PLAYTIKA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PLAYTIKA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
PLAYTIKA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PLAYTIKA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
PLAYTIKA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PLAYTIKA DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD PLAYTIKA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY PLAYTIKA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PLAYTIKA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PLAYTIKA’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Playtika reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and Playtika and governs your use of the Service, superseding any prior agreements between you and Playtika. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Playtika’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Playtika will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Service is operated by Playtika from its offices in Israel. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by Israeli law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Playtika or relating in any way to your use of the Service resides in the courts in the State of Israel. Risk of loss and title for all electronically delivered transactions pass to the purchaser in upon electronic transmission to the recipient. No Playtika employee or agent has the authority to vary this Agreement.
Playtika may notify you with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately. You may contact us via email to: email@example.com.
Playtika reserves the right to take steps Playtika believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Playtika has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Playtika believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Playtika’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third-party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
Last Updated: February 24, 2016