LAST REVISED: August 28th 2023
The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between Playtika, as defined above and yourself ("you") and your use of the Game on the web, mobile or any other applicable platforms and/or devices (the “Service” or “Services”).
Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame.
BY ACCESSING OR USING PLAYTIKA’S SERVICE AND ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY, EVEN THOUGH THE SERVICE MAY OFFER THE OPPORTUNITY TO PURCHASE CERTAIN VIRTUAL ITEMS.
MONOPOLY Poker ( hereinafter also referred to as “the Game”) is a social casino game, and not a real money poker game. With MONOPOLY Poker there is no pay-out for virtual currency that you have in-game; not if you won it through playing and not if you bought it with real money (in-app purchase and otherwise) If you buy in-game currency, that is money you spend to participate in playing the game, including for rounds and for cosmetic items such as outfits. I
It also means that with MONOPOLY Poker, the in-game currency cannot be sold or traded. In-game, there is no possibility to do this. If you sell or trade and transfer in-game currency (your account) outside of the game, and we learn about it, we will suspend that account. These rules are explained in more detail below under ‘virtual items, optional payment’
Playtika LTD and its subsidiaries and affiliates (“Playtika”, “Company” or “we”) welcome you (“User”, “Player” or “you”) to MONOPOLY Poker Multiplayer The Game is offered and/or can be played, if and whenever applicable, via (i) web and / or (ii) installable applications for desktop and or (iii) installable applications for mobile app stores, hereinafter collectively referred to as “Platforms”. Examples of Platforms are Facebook, Steam, app stores of Google, Apple and Amazon / Kindle. You can find additional information about this under section 3.
Users may use the Service, as well be defined under section 2, in accordance with the terms and conditions hereunder.
1. ACCEPTANCE OF THE TERMS
The Game is available only to individuals who (a) are at least twenty one (21) years old (see Section 5 below); and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. Therefore, you hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.
2. THE SERVICES
We offer the Game through Platforms. We also offer Users the ability to purchase with real money virtual goods, virtual currency, tokens or virtual prizes within the Game (“virtual items”), as such term is further detailed below. (Collectively hereinafter referred to as the “Services”)
The Game and the use thereof is free of charge. Players have the option of purchasing from us with real money or “earning” Virtual Items.
Players may earn virtual items by winning the Game against other Players or the computer. If a Game is won in accordance with the Game Rules, the total amount of virtual items will be credited to the Account (as such term is defined below) of the winning Player. The Players are informed about the results of a Game, and whether they have won a prize within the Game. Playtika reserves the right to correct results in retrospect or to declare results void, if the result of a Game was caused by a technical default or a Player’s fraudulent behavior.
Players may earn Virtual Items by winning the Game against other Players or the computer. If a Game is won in accordance with the Game Rules, the total amount of Virtual Items will be credited to the Account (as such term is defined below) of the winning Player. The Players are informed about the results of a Game, and whether they have won a prize within the Game. Playtika reserves the right to correct results in retrospect or to declare results void, if the result of a Game was caused by a technical default or a Player’s fraudulent behavior.
To be able to access and/or use the Service, or any portion thereof, User must legally obtain all the applicable or required utilities and equipment (such as PC, smart phones, Internet connection) at his/her sole risk and expense. Please note that the Apps may only be available for certain operating systems (such as iOS, Android, Microsoft Windows). The User may only download and use the Apps on a device running validly licensed copies of the operating systems on which the Apps were designed to operate.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES ARE PROVIDED “AS IS”. PLAYTIKA WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. ANY VIOLATION OF THESE TERMS ENTITLES PLAYTIKA TO IMMEDIATELY TERMINATE USERS ACCOUNT WITHOUT NOTICE. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
3. HOW TO PLAY THE GAME
Use and registration for the Services is entirely free of charge.
The different Platforms offer Users different ways to play the Game such as by registering, using your log-in credentials from a third-party platform like Facebook, Steam or playing the Game as a guest (“Guest Player”) with just a registration of the player name.
IOS AND/OR ANDROID PLATFORMS:
The User can play the Game on the iOS and/or Android platforms by using his/her existing Facebook account, with their MONOPOLY Poker login, alternatively as a Guest Player.
The User can play the Game on Steam platform only through his/her existing Steam Account. Valve Corporation offers Steam platform.
You must safeguard and not disclose your Account username and password and you must supervise the use of such Account. A Player may not sublicense, sell or otherwise transfer his/her Account and/or sell any Virtual Items associated with such Account to a third party. You must provide accurate and complete information when creating an Account and you agree not to misrepresent your identity or your Account information or open an Account using a false identity or incorrect information, or on behalf of someone other than yourself. You agree to keep your Account information up to date and accurate. You are solely and fully responsible for any activities that occur under your Account.
If for any reason you wish to modify your Account registration information you may do so through the “Edit Details” tab within the Service. If you wish to terminate your Account you can contact us at: Your Account will terminate within a reasonable timeframe following your request, and from the date of termination you will no longer be able to access your Account. You must remove all contents of the Services immediately once you request to terminate your Account.
Note that you shall monitor your Account and restrict use by minors, and you will deny access to minors under the age of 21years old. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use by minors of your credit card or other payment instrument.
Players will immediately inform Playtika as soon as they gain knowledge that any unauthorized use has been made of his/her Account. Playtika recommends that, for security reasons, passwords should be changed regularly.
YOU AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU ACKNOWLEDGE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL BE OWNED BY PLAYTIKA. YOUR ACCOUNT WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE YOUR REQUEST TO DEACTIVATE OR DELETE IT OR IN THE EVENT THAT THE COMPANY DECIDES TO TEMPORARILY OR PERMANENTLY LIMIT, SUSPEND OR TERMINATE YOUR ACCOUNT (AS FURTHER DETAILED BELOW). NEVERTHELESS, WE RESERVE THE RIGHT TO TERMINATE AN ACCOUNT THAT HAS BEEN INACTIVE FOR AT LEAST 180 CONSECUTIVE DAYS. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. USE RESTRICTIONS
There are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Playtika’ sole discretion) in the termination of your access to the Services and/or may expose a User to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (a) use the Services for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Services and/or your Account and/or the Content (as such term is defined below) for non-personal or commercial purposes (including without limitation communicating or facilitating any commercial advertisement or solicitation and/or gathering or transferring Virtual Items for sale); (c) fail to pay any fees (to the extent applicable); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest, post, solicit 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 or regulations or requirements, procedures, policies, or regulations 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 determine 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 Playtika on or through the Services, including any information, videos, text, graphics, software programs used by Playtika in connection with the Services, materials, descriptions, data obtained from or through the Services (collectively, the “Content”), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (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 Playtika’ proprietary rights, including Playtika’ s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms; (k) make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without Playtika’ prior written consent; (l) create a browser or border environment around Playtika 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 Playtika’ 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; and/or transmit unauthorized communications through the Service, including spam and any materials that promote spyware, malware and downloadable items; (q) access or use an Account or Virtual Items that have been sublicensed, sold or otherwise transferred from the original Account; a (r) remove or disassociate, from the Content and/or the Services any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); (s) engage in any act that Playtika deems to be in conflict with the spirit or intent of the Service, inter alia, circumvent or manipulate the Terms; (t) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or use the Service in order to design or assist in the design of cheats or any other unauthorized third party software designed to modify or interfere with the Service; (u) attempt to gain unauthorized access to the Service and/or Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Playtika; (v) perform in-game services in exchange for payment outside the Service (e.g. power-leveling and item collection services); and/or (w) infringe and/or violate any of the Terms.
To enjoy the Services, you must be at least twenty one (21) years old. In the event that it comes to our knowledge that a person under the age of twenty one (21) years old is using our Services, we have the right to prohibit and block such User from accessing the Services and will make all efforts to promptly delete any Personal Data we have on such User.
Subject to your agreement and continuing compliance with these Terms, Playtika hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use the Game solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law.
The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right to use the Service in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property rights under any law.
7. VIRTUAL ITEMS / OPTIONAL PAYMENT
When you play MONOPOLY Poker, you can license a variety of virtual items such as virtual goods (cosmetic items such as hats and pins), virtual chips, and virtual currency (“virtual items”) and use these in the game.
You can always play MONOPOLY Poker for free and get virtual items by playing the game.
You can also pay a fee to obtain virtual items. You can pay through an in-app purchase. Virtual items are not available for a fee in all countries.
Note that you do not in fact “own” the virtual items, and you do not have any property interest in the virtual items. Any purchase of virtual items, and virtual items accumulated while playing MONOPOLY Poker or through any subscription, are purchases of a limited, non-transferable, revocable license to use those virtual items within MONOPOLY Poker
You can only use the virtual items when playing MONOPOLY Poker.
There is no functionality in MONOPOLY Poker to transfer virtual items from one player to another.
We also prohibit any transfer, gift or trade of virtual items outside of MONOPOLY of Poker. You cannot transfer or resell virtual items, for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual items may not be purchased or sold from any individual or other company via cash, gift, barter, transfer, trade, sale or any other transaction. This means that you cannot sublicense, gift, barter, transfer, trade, sell or attempt to sell virtual items for real world money, or exchange virtual items for commercial gain or value of any kind. This includes, without limitation, any such transfer or resell by means of any direct sale or auction service of your Account containing the virtual items. Any such transfer or attempted transfer will be considered void and will subject your Account to immediate termination.
In addition, all virtual items are unconditionally forfeited if your MONOPOLY of Poker account is terminated or suspended for any reason, in our sole reasonable discretion, or if we discontinue MONOPOLY of Poker or any portion or feature of MONOPOLY Poker.
The amounts of any virtual items in your MONOPOLY Poker account do not refer to any credit balance of real currency or any of its equivalents. Virtual items have no monetary value and cannot be used to purchase or use products or services other than within MONOPOLY Poker. We do not offer a pay-out option for any virtual items, whether those virtual items were obtained for a fee or through playing the game, and virtual items cannot be refunded or exchanged for cash or any other tangible value. PURCHASE OF VIRTUAL ITEMS WILL BE IN ACCORDANCE WITH APPLICABLE CONSUMER LAWS AND IS ENTIRELY AT YOUR OWN RISK AND IS NON-REFUNDABLE AND NON-EXCHANGEABLE.
If tax law applicable to you and the virtual items you have in your Account imposes fees, levies or other taxes on you having paid for or having the virtual items in your account. In addition, to any virtual items, you may be charged for Internet connection, mobile fees and data usage charges when you play MONOPOLY Poker in accordance with the applicable rates charged by your respective third party mobile service internet or data usage service provider.
If your Country of Residence is in the European Economic
Area, you may have the right to withdraw from this contract on the Service as
well as the purchase of Virtual Items within 14 days from the day of the
conclusion of the contract or purchase without giving any reason. Please note
that you will not have a right to withdraw if you have given consent that we
begin to perform the Service or provide the Virtual Item during the withdrawal
period and have acknowledged that you thereby lose your right of withdrawal. To
exercise your right of withdrawal from the Service you need to inform us and
stop using the Service. To exercise your right of withdrawal from the purchase
of a Virtual Item you need to inform the merchant of record. Merchant of record
may be us or an authorized partner through which you made your purchase e.g. on
a mobile platform or social network. To exercise the right of withdrawal you
must communicate your decision by an unequivocal statement (e.g. via our
support channels) before the expiry of the withdrawal period. You may use the
below model language but you are not required to do so:
- I hereby give notice that I withdraw from the contract concluded by me for the performance of the following service/purchase of the following goods: …..
- Ordered on/received on: …..
- Name of consumer: …..
- Address of consumer: …..
- Date: …..
If you withdraw from the contract, you are entitled to be reimbursed for the purchase not later than 14 days from the day on which the merchant of record is informed about the withdrawal. The reimbursement will be carried out using the same means of payment as you used for the initial transaction unless you have agreed otherwise; in any event you will not incur any fees as a result of such reimbursement.
8. INTELLECTUAL PROPERTY RIGHTS
The Service, the Game, the App, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, sounds, animations, text, images, designs (including the “look and feel” of the Services) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Services are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
To the extent you provide any feedbacks, comments or suggestions to Playtika regarding the Service (“Feedback”), Playtika shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Playtika current or future products, technologies or Services and use the Feedback for any purpose without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Playtika to comply with any additional obligations with respect to any Playtika current or future products, technologies or services that incorporate any Feedback.
9. TRADEMARKS AND TRADE NAMES
“Playtika”, Playtika’ marks and logos and all other proprietary identifiers used by the Company in connection with the Services (“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 Apps 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 to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, except as permitted herein.
10. DIRECT MARKETING AND ADVERTISEMENTS
Direct Marketing: Subject to applicable laws and where permissible, You hereby agree that we may use your contact details for the purpose of informing you regarding Game, Services and new features which may interest you, and to send to you advertisements and other marketing material, transmitted to the e-mail address you have provided.
You can cancel your subscription to our newsletter at any time over the corresponding link which appears at the end of every newsletter (or opt out through the in-game settings).
11. LINKS TO THIRD PARTY SITES
12. USAGE RULES
In the event that you are using the Apps on a mobile device, the following Usage Rules apply to you: Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below in Section 25, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the Services, obligations, limitation of liability and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
The Services availability and functionality depends on various factors, such as software, hardware and the Company’s service providers and contractors. The Company does not warrant or guarantee that the Service will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
14. TERMINATION OF YOUR ACCOUNT, CHANGES TO THE SERVICES AND UPDATING THE APPS
The Company reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof), prevent Users from accessing the Services or temporarily or permanently limit, suspend or terminate your Account (including without limitation in the event that the User has not used his/her Account for 180 consecutive days), with or without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Services may be changed, extended in terms of content and form or removed at any time without any notice to you. Note that you can lose your user name and password as a result of the Account termination or limitation, as well as any benefits and Virtual Items associated with your use of the Services and Playtika has no obligation to compensate you for such losses or results. You agree that Playtika shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services and/or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If Playtika supplies any updates, upgrades and any new versions of the Apps (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the Apps with or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Apps shall include such Updates. Playtika may require that you accept Updates. You may need to update third party software from time to time in order to receive the Service. Playtika has no obligation to provide any updates to the Apps.
15. AMENDMENTS TO THE TERMS
16. DISCLAIMER AND WARRANTIES
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SERVICE, THE CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND PLAYTIKA INCLUDING ITS VENDORS (INCLUDING THE APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND THE APPLICABLE PLATFORMS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT USE AND OPERATION OF THE SERVICES IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICES, (III) THE SERVICES WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SERVICES (INCLUDING THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SERVICES, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SERVICES.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN PLAYTIKA.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
THE DOWNLOAD AND USE OF THE SERVICES, ANY IN-APP PURCHASES AND/OR OTHER PURCHASE OF PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM
YOU AGREE THAT USE OF THE SERVICES AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL PLAYTIKA INCLUDING THE COVERED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SERVICES (INCLUDING ANY SERVICES MADE AVAILABLE THROUGH THE SERVICES), THE USER GENERATED CONTENT, YOUR USE OR INABILITY TO USE THE SERVICES, OR FAILURE OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT THE PERFORMANCE OR FAILURE OF PLAYTIKA TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF PLAYTIKA, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER PLAYTIKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, PLAYTIKA, ITS VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO PLAYTIKA FOR USE OF THE SERVICES OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COVERED PARTIES. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY
You agree to defend, indemnify and hold harmless the Company, its vendors, officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of , inability to use and/or activities in connection with the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
19. MISCONDUCT AGENT
We care for your safety. If you believe a User acted inappropriately including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to us. You may contact us to the following address: [email protected] or submit a ticket via the applicable support channel of the game.
Playtika has the sole discretion to restrict and/or terminate access to the Service to Users who are deemed to have acted inappropriately as specified above.
You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea, Donetsk and Luhansk regions of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon Playtika’s sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.
20. TERMINATION OF THESE TERMS AND THE SERVICE OPERATION
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license, your Account and these Terms. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, you may terminate these Terms and your Account at any time by, following the instructions available at our Site, or, as applicable, uninstalling our Apps and stopping your use of our Services and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Services, delete and destroy all copies of the App, as applicable, in your possession or control and so certify to Playtika if required by it, and (iii) Sections 3, 5, 8, 9, 12, 13, 14, 15, 17 through 19, 22, and 23, will survive the termination of the Terms.
Playtika may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, delete any information provided through the use of the Service or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. At such point your license to use the Services or part thereof may be terminated or suspended. You agree that Playtika does not assume any responsibility with respect to, or in connection with the termination of the Service operation and loss of any data and shall not be required to provide refunds, benefits or other compensation to Users in connection with such termination of the Service operation.
DISPUTE RESOLUTION, GOVERNING LAWS AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PLAYTIKA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND PLAYTIKA CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to these Terms, you and Playtika agree that any and all past, present and future disputes, claims or causes of action between you and Playtika arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and Playtika or any of Playtika's licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Playtika further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.
“Country of Residence” for purposes of this Section 22 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.
If your Country of Residence is in the European Economic Area, no provision in this Section 22 shall exclude or restrict any of your statutory rights you may have as a consumer.
- Governing Law.
(a.1) If your Country of Residence is the United States, these Terms, your use of the Service and our entire relationship, will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles. The agreement to arbitrate contained in this Section 22, its scope and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
(a.2) If your Country of Residence is not the United States these Terms, your use of the Service and our entire relationship, including the arbitration agreement contained in this Section 22, will be interpreted in accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles.
(b) Informal Dispute Resolution. Playtika wants to address your concerns without needing a formal legal case. Before filing a claim against Playtika, you agree to try to resolve the Dispute informally by contacting [email protected]. Similarly, Playtika will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or Playtika may initiate an arbitration proceeding as described below.
(c) We Both Agree To Arbitrate. By agreeing to these Terms, you and Playtika each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.
(d) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and Playtika will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
(e) Arbitration Procedures and Fees.
(e.1) If your Country of Residence is the United States, you and Playtika agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Playtika further agree that the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees.
(e.2) If your Country of Residence is not the United States, you and Playtika agree that the Center of Arbitration and Dispute Resolution (www.israelcourts.co.il (“CADR”) will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Playtika further agree that the arbitration will be held in English and in Tel Aviv-Jaffa (Israel) , or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The CADR rules will govern payment of all arbitration fees.
(f) Arbitration Shall Proceed Individually. Regardless of your County of Residence or the rules of a given arbitration forum, you and Playtika agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Playtika may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any Dispute against Playtika will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
(g) Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR PLAYTIKA SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF THIS SUBSECTION 22(G) (CLASS ACTION AND COLLECTIVE ARBITRATION WAIVER) IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 22 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER party's ELECTION.
(h) Exceptions to Agreement to Arbitrate. Notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to this Section 22 or to enforce any arbitral award issued hereunder. Additionally:
(h.1) If your Country of Residence is the United Kingdom or in the European Economic Area, notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. If your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered by the European Commission https://ec.europa.eu/consumers/odr/ . Please note that Playtika shall not be required to use this or any other alternative dispute resolution platform.
(h.2) If your Country of Residence is not the United States, the United Kingdom or in the European Economic Area, notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika may also assert claims, if they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.
(i) Judicial Forum for Disputes. Except as otherwise required by applicable law or provided in this Section 22, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Playtika agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel. Both you and Playtika consent to venue and personal jurisdiction there.
22. PLATFORM PROVIDER ADDITIONAL TERMS
The following additional terms are required by applicable Platforms:
22.1 APPLE INC.
The following applies to you if you downloaded the App from the Apple App Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, (ii) these Terms are solely between you and Playtika, not Apple Inc. (“Apple”), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Playtika as provider of the App.
Playtika and you acknowledge that Playtika, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, Playtika, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
22.2 Google INC.
The following applies to you if you downloaded the App from the Google Play Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use Google Play Store on an Android device that you own or control, (ii) these Terms are solely between you and Playtika, not Google Inc. (“Google”), and that Google has no responsibility for the Google Play Store or content thereof, (iii) your use of the Google Play Store must comply with Usage Rules established by Google, including those set forth in the Google Play Store Terms of Service effective as of the date you enter into these Terms, and (iv) Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Google Play Store.
In the event of any failure of the Google Play Store to conform to any applicable warranty, you may notify Google, and Google will refund you the purchase price you paid, if any, for the Google Play Store. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Google Play Store, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Playtika as provider of the App.
Playtika and you acknowledge that Playtika, and not Google, is responsible for addressing any claims relating to the Google Play Store or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Google Play Store fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third party claim that the Google Play Store or your possession and use thereof infringes that third party’s intellectual property rights, Playtika, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
23. INFORMATION, SUPPORT OR QUESTIONS:
Playtika will make reasonable efforts to provide you with technical and product support for the Apps and/or Games. For information, support or questions, you may contact us to the following address: [email protected] or submit a ticket via the applicable support channel of the game.