Terms of Service
Any claims pursuant to these Terms will need to be brought in the courts of your country of residence and pursuant to Sections 16 (US Residents) and 17 (Non-US Residents). Any claim by a United States resident will need to be brought in state or federal court in Los Angeles, California, unless we both agree to an alternative location.
Section 16 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Playdemic in the United States. Please read them carefully.
“Additional Terms” means additional terms and conditions which may apply to the Service and which are set out on the website or application on which the Service is made available. Such Additional Terms may include, among other things, particularized age requirements, codes of conduct, sweepstakes and contest rules, and payment or subscription terms.
1. Changes to these Terms
1.1 We reserve the right, in our sole discretion, to modify these Terms for necessary operational, security, legal or regulatory reasons (including applicable Additional Terms) and the Service from time to time. You agree that we may notify you of changes to the Terms, policies and the Service by posting them on the Service, with such changes taking effect 30 days after such notification. We will make the current Terms available within the FAQ section of the Service.
1.2 During such 30 day notice period you may contact us to end your use of the Service on the date the changes take effect. If you continue to use the Service after such 30 day period, you agree that your continued use of the Service (and, if you have purchased paid-for services or digital content, your continued use of them) after such notice constitutes your agreement to the modified Terms and policies, which will govern your ongoing use of the Service.
1.3 In any event, please take a moment to review the posted Terms and applicable Additional Terms each time you use the Service.
2. Your Representations
2.1 By accessing, previewing, or otherwise using the Service in any manner, you represent and warrant that you are over thirteen (13) and have sufficient legal capacity to enter into this Agreement. If you lack such capacity or if you are a minor (between thirteen (13) and seventeen (17) years old or the age of majority in your territory), then you represent and warrant that you have obtained parental or guardian consent to enter into this agreement. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of thirteen (13). You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors.
2.2 You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not create an Account or use the Service if you are a convicted sex offender, if you have previously been removed by Playdemic or previously been banned from playing any Playdemic game; or if you are located in a country embargoed by the United Kingdom and/or the United States.
2.3 You shall not access or use the Service, Virtual Items or an Account or Accounts that have been sublicensed, rented, leased, sold, traded, shared, gifted, bequeathed, or otherwise transferred from the original Account creator, nor shall you sublicense, rent, lease, sell, trade, share, gift, bequeath or otherwise transfer Virtual Items, an Account or your use of the Service without Playdemic's prior written permission.
3. The Playdemic Service
3.2 The Service and Content are protected by copyrights, trade marks, service marks, or other intellectual property rights that are owned by Playdemic or its licensors. Playdemic respects the intellectual property rights of others and asks that you do the same. Any unauthorized use of Content or any other aspect of the Service, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and Playdemic reserves the right to fully prosecute such violations and enforce its rights to the fullest extent of the law, including seeking both civil and criminal penalties. Any authorization to copy material granted by Playdemic in any part of the Service for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, unless otherwise specified, and is subject to your keeping intact all copyright, trademark, and other proprietary notices.
3.3 Except as expressly provided herein or as provided by law, Playdemic does not grant you any other right or license in or to the Service or Content and all right, title, and interest that Playdemic has in the Service and Content are retained by Playdemic, including the right to modify, discontinue, or temporarily suspend any or all of the Service or Content at any time, with or without notice.
3.4 We may change the Service: (a) to reflect changes in relevant laws and regulatory requirements; or (b) to deal with any technical problems or to implement technical adjustments and improvements, for example to address a security threat. In relation to Content, we may update or require you to update the Content.
4. User Accounts
4.1 Account Creation
4.1.1 You may be required or permitted to create user accounts (each an “Account”) in order to access or use certain aspects of the Service. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself and not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete.
4.1.2 Playdemic may change your Account username where the username you have selected is offensive, defamatory or otherwise inappropriate. Where Playdemic changes your username in accordance with the foregoing, we will provide you with notice via in game notification or using any other contact information you have provided for your Account.
4.2 Account Security
4.2.1 You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You are responsible for all activity occurring under your Account, including all activities or transactions conducted through the use of your Account. Where a username or password is associated with your Account, you are responsible for maintaining the confidentiality of your Account username and password, and agree not to disclose your username and password to anyone. You agree not to transfer, resell, provide use or access, or otherwise convey your Account or the right to use your Account to anyone as set forth in Section 2.3. Playdemic reserves the right to suspend or terminate your Account where you access anyone else’s Account in breach of these Terms. You agree that Playdemic will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge. If you have reason to believe that your Account is no longer secure, you must: (i) take reasonable steps to protect your account recovery methods, including without limitation maintaining the confidentiality of your two-factor authentication credentials and, where applicable, promptly changing your password; and (ii) immediately notify us of the problem through our Customer Service contact page. Playdemic may require you to change your Account username and password.
5. Mobile Devices
5.1 Wireless Charges
5.1.1 You are solely responsible for all charges from your wireless and internet providers including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from Playdemic.
5.2. Mobile Software
5.2.1 Playdemic may make certain mobile software applications (“Apps”) available for download in connection with the Service. You may only use Apps on approved devices, for personal use. You are not permitted to modify, transfer, or distribute any Apps. Playdemic does not guarantee that the Apps will be compatible with your device.
5.2.2 You understand that the Service is an evolving one. Playdemic may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time; such updates may be automatic, at your election, or mandatory if you wish to continue using the Apps, at Playdemic’s discretion. Playdemic may require that you accept updates to the Service and to Playdemic's games you have installed on your computer or mobile device. You acknowledge and agree that Playdemic may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Playdemic's Games.
5.2.3 You shall not use or otherwise export or re-export the Apps, or any other software provided as part of the Service, except as expressly provided herein.
5.3 App Stores
5.3.1 The additional terms in this Section 5.3.1 apply only to your use of Apps downloaded through Apple Inc.’s iTunes App Store, Google Inc.’s Google Play App Store, Amazon’s App Store or Facebook’s App Centre (“App Stores”). You agree that this Agreement is solely between you and Playdemic, the operators of the App Stores, and that the App Store operators are not responsible for this App or their content. App Store operators have no obligation whatsoever to furnish any maintenance or support services in connection with the App. You will not involve the App Store operators in any claims relating to your use of the App, or in any third-party claims alleging infringement of intellectual property rights by the App. You agree to comply with all third-party agreements in connection with your use of the App (for example, your wireless provider agreement). Finally, you agree that App Store operators, and their subsidiaries, are third party beneficiaries of the Agreement solely for the purpose of enforcing the applicable Terms against you in connection with your use of the App.
6. Virtual Items
6.1 The Service may feature: (a) in-game virtual currency, including but not limited to virtual coins, gems, tokens, fictional credits, items, rewards, points, currency, or the like which are available for purchase; or (b) virtual in-game items (in-game virtual currency and virtual in-game items are collectively, “Virtual Items”). In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming Playdemic game cards or third party virtual currency, such as Facebook Credits. If you purchase Virtual Items, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of the Service requiring payment. Playdemic may update pricing and payment terms at any time and in its sole discretion. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook's Payment Terms and Playdemic is not a party to the transaction.
6.2 All payment transactions are administered by a third-party payment processor or third-party store. To the extent permitted by law, Playdemic expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. Playdemic is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.
6.3 The Virtual Items may be used exclusively within the Service. You receive only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable licence to use the Virtual Items in connection with the Service and as governed by these Terms. You have no right, title, interest, or ownership in or to any Virtual Items. Virtual Items have no monetary value and are not redeemable for any sum of money. You acknowledge that you do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use certain elements of the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or redemption of a Playdemic game card or a third party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Purchase or redemptions of third party virtual currency to acquire a license to use virtual items are non-refundable.
6.4 You will receive no compensation for any Virtual Items that are deleted, modified, or to which you lose access if your Account is terminated, suspended, or otherwise limited as a result of a breach or a reasonably suspected breach of this Agreement, or Playdemic’s decision to terminate, update, modify or suspend all or part of the Service.
6.5 Playdemic prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Playdemic in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Playdemic's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree that Playdemic will have no liability for the use or loss of Virtual Items for any reason, including due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized activity. Playdemic may replace such lost Virtual Items under certain circumstances, in our sole discretion and on a case-by-case basis, without incurring any obligation or liability.
7. Additional Consumer Terms for the Purchase of Virtual Items
7.1 Our contract with you: our acceptance of your order will take place when we make the Virtual Items available in your Account for you to use, or we debit payment from your debit/credit card, whichever comes first, at which point a contract will come into existence between you and us.
7.2 If there is a problem with the Service: If you are purchasing Virtual Items, digital content must be as described, fit for purpose and of satisfactory quality: (a) if your digital content is faulty, you're entitled to a repair or a replacement; (b) if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
7.3 Your right to refund
7.3.1 If you have just changed your mind about a Virtual Item. You may be able to get a refund if you are within the cooling-off period, but this is subject to the limitations set forth in this Section.
7.3.2 Whether and how long you have to change your mind depends on what you have ordered and how it is delivered: if you have bought digital content, including any Virtual Items, for download or streaming, you have 14 days after the day we confirm we accept your order, or, if earlier, until you start downloading or streaming the digital content, including any Virtual Items. If we immediately delivered digital content and you agreed to this when ordering, you will not have a right to change your mind once the download, streaming or other provision of digital content, including without limitation Virtual Items, has begun.
7.3.3 You do not have a right to change your mind in respect of the following: digital products after you have started to download or stream these. By indicating your desire to purchase a licence to any digital content through the Service, including by clicking or tapping the relevant purchase button, you confirm that you acknowledge and agree that we will begin the provision of the Virtual Items to you immediately once your purchase is complete and therefore your right of withdrawal is lost at this point.
8.1 Your right to terminate the contract. You can always end your contract with us by stopping use of the Service, deleting your Account and/or permanently deleting the App.
8.2 We may end the contract if you break it.If Playdemic reasonably believes the information you provide is not correct, current, or complete, or that you have otherwise breached this Agreement or any applicable law, Playdemic reserves the right to: (i) investigate; and/or (ii) suspend or terminate your Account and/or refuse you access to your Account, the Service or the Content (or any portion thereof). Playdemic may also suspend or terminate your Account and/or refuse you access to your Account and/or the Service where it reasonably believes such suspension or termination is necessary to protect Playdemic, its members or third parties. Where Playdemic suspends or terminates your Account we will provide you with notice of such suspension or termination via notification within the Service or using any other contact information you have provided for your Account. You may appeal actions taken by us under this Section by contacting customer service. You agree that Playdemic may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to requests for information regarding your Account or use of the Service, or otherwise take action to protect our rights and the rights of any third party. By accepting these Terms, you waive any claims resulting, directly or indirectly, from any action taken by Playdemic during or as a result of these investigations.
8.3 Bans. We may ban individuals and/or devices from accessing the Service where, in our reasonable discretion, such a ban is necessary to safeguard the Service, users of the Service and/or Playdemic employees. Any suspension or termination of an Account associated with such a ban will be subject to the terms of Section 8.2.
8.4 Effects of Termination. You may lose your user name and persona as a result of Account termination, as well as any benefits, privileges, earned items and purchased items (including without limitation, Virtual Items) associated with your use of the Service, and Playdemic is under no obligation to compensate you any such losses or results.
8.5 We may discontinue or suspend the Service. We reserve the right to discontinue or temporarily suspend any or all of the Service, your Account and/or the Content as necessary for operational, security, legal or regulatory reasons or if for any reason beyond our reasonable control we are unable to provide the Service.
8.6 We may withdraw the product. The Service is a free service and Playdemic reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Playdemic shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the 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.
9. Third-Party Services
10. User Content
10.1 From time to time, certain aspects of the Service may invite or otherwise allow you to submit or post a variety of content to the Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Service or through a Third Party Service (collectively, “User Content”). Your User Content remains your own, unless as otherwise may be provided in Additional Terms. Please be aware, however, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant Playdemic a worldwide royalty-free, perpetual, non-exclusive, sublicensable, assignable, unrestricted, worldwide licence to use the User Content, together with all consents or waivers, including a waiver of moral rights in favour of Playdemic, (if any) necessary to reproduce, distribute, publicly perform, publicly display, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person.
10.2 Please retain copies of all User Content as Playdemic is under no obligation to store or return any User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. Playdemic only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. Playdemic is under no obligation to monitor User Content or use of the Service. However, Playdemic has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any User Content. Playdemic reserves the right to discard or remove User Content from the Service in its sole discretion and without any liability whatsoever.
10.3 You represent and warrant the following as to your User Content:
10.3.1 You have obtained the consent of every identifiable individual featured in your User Content (or, in the case of minors, consent of the minor’s parent or guardian) to use that person’s name, voice, and/or likeness (as applicable) in connection with the Service and pursuant to these Terms.
10.3.2 Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trade marks.
10.3.3 Your User Content, as used in connection with the Service, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party privacy rights.
10.3.4 Playdemic may exercise the rights to your User Content granted herein without being required to make any payment to you, including, by way of example, payment of royalties, residuals, guild fees, or the like, to you or any third party.
11. Code of Conduct
11.1 You agree that you will not use the Service to upload, post, or otherwise distribute any User Content that:
• constitutes or promotes illegal activity;
• is infringing, libelous, defamatory, abusing, harassing, or threatening;
• contains any obscene, pornographic, racist, homophobic, sexually explicit, or otherwise offensive material;
• exploits or harms children, directly or indirectly, including by exposing them to inappropriate material or asking them for any personal information;
• promotes any commercial activity, including promoting goods or services or soliciting donations, except as may be specifically authorized by applicable Additional Terms;
• is subject to confidentiality or non-disclosure obligations;
• includes any visible logos or trade marks that belong to third parties;
• disguises its source or origin, or misrepresents its author, by modifying metadata or other identifiers;
• links to any third-party sites or services that would violate the standards contained in this list; or
• acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
11.2 In using the Service you also agree not to:
• attempt to interfere with the operation of the Service in any way;
• copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Service, except as authorized herein;
• use any data mining tools, robots, virus, worms, bugs, or similar data-gathering and extraction tools on the Service (including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Playdemic game characters, elements, or environment), or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service. Playdemic may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
• use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Service;
• use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Playdemic game experience;
• use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Playdemic game experience;
• without Playdemic's express written consent, modify or cause to be modified any files that are a part of the Service;
• disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Playdemic game environment (each a "Server"); or (2) the enjoyment of the Service or any Playdemic game by any other person;
• intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
• make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
• use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Playdemic;
• use the Service for any commercial purposes, including communicating or facilitating any commercial advertisements or solicitation, gathering or transferring Virtual Items, or sending “spam” or any malicious or disruptive communications;
• use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
• except where permitted by law or relevant open source licenses, decompile, reverse engineer, disassemble, or otherwise reduce the code used in any Apps, other software, or digital rights management feature on the Service into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Service or piece of Content available on the Service;
• intercept, record, or modify network communications transmitted between any Apps, software, or digital rights management features and Playdemic’s networks or systems;
• solicit or attempt to solicit personal information from other users of the Service; or
• collect, harvest or post anyone's private information, including personally; identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; and/or
• hold yourself out as or otherwise impersonate any employee of Playdemic.
11.3 When using the Service you shall also not assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without Playdemic’s prior written consent which may be withheld in Playdemic’s reasonable discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void).
12. Unsolicited Submissions and Feedback
12.1 Please be aware that Playdemic does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, or other potential creative content (“Unsolicited Submissions”). This is to avoid the possibility of future misunderstandings when projects developed by Playdemic staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. Therefore, please do not send Playdemic any Unsolicited Submissions. In the event you do send us an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any fiduciary relationship between you and Playdemic and that we are under no obligation to refrain from using the Unsolicited Submission (in whole or in part), to keep it confidential, or to compensate you for our use of it.
13. International Use
13.1 Playdemic makes no representation that every aspect of the Service is appropriate or available for use in any particular jurisdiction. When you choose to access and use the Service, you agree that:
13.1.1 you do so on your own initiative and at your own risk;
13.1.2 you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and
13.1.3 you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside.
13.2 If there is a conflict between any of the terms herein and your rights in your place of residence, your rights under applicable law will control as to those specific terms.
14. Disclaimer of Warranties
14.1 If you reside in the United States, the following terms shall apply to your use of the Service:
Due to factors such as the provision of the Service being via the Internet, Playdemic does not warrant that the Service will be available, uninterrupted, secure, or error-free, or that the Service is free of viruses or other harmful components. Your use of the Service is provided “as is” and “as available” without express or implied warranties or promises of any kind. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
14.2 If you donotreside in the United States, the following terms shall apply to your use of the Service. Due to factors such as the provision of the Service being via the Internet, Playdemic does not warrant that the Service will be available, uninterrupted, secure, or error-free, or that the Service is free of viruses or other harmful components. Your use of the Service is provided “as is” and “as available” without express warranties or promises of any kind.
14.3 Nothing in these terms affects your statutory rights.
15. Limitation of Liability
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time that we entered into these Terms, both we and you knew it might happen, for example, if you discussed it with us during the Account set up process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
15.3 We are not responsible for your use of, or inability to use, the Service except where we breach your legal rights in relation to goods, paid-for services or digital content.
15.4 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable: (i) for damage which you could have avoided by following our advice to apply an updated offered to you free of charge or (ii) for damage which was caused by you failing to correctly follow installation instructions or have in place the minimum requirements advised by us.
15.5 We are not responsible for business losses. We only supply the Service to you for domestic and private use.
15.6 Liability cap. In no event shall our liability to you, or your liability to us, in respect of any claim brought under these Terms exceed the greater of: (A) the amount you have paid Playdemic in respect of the Service in the one hundred and eighty (180) days immediately preceding the date on which the relevant claim is first asserted; and (B) one hundred pound sterling (£100).
16. United States Governing Law, Venue, Dispute Resolution and Aribtration
The following terms are applicable solely where you are a resident of the United States.
16.1 Governing Law. If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 16.2 must be brought in state or federal court in Los Angeles, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Los Angeles, California.
16.2 Arbitration Agreement.
16.2.1 This Section 16.2 (the “Arbitration Agreement”) only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Playdemic in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 16.2 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
16.2.2 The parties agree that any disputes arising out of this Agreement that were not resolved via an informal negotiation directly with Playdemic’s customer support team shall be submitted to final, binding, confidential arbitration conducted in Los Angeles County under the Expedited Arbitration Procedures Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) before a single, neutral arbitrator who is a former or retired California state or federal court judge who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Los Angeles County, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, either party shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of this Agreement) in the state and federal courts of California.
16.3 Jury Trial Waiver. You and Playdemic acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.
16.4 No Class Action or Representative Proceedings. This clause only applies to you if your country of residence or establishment is the United States. You and Playdemic acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
17. Non-United States Governing Law
The following terms are applicable solely where you are not a resident of the United States.
17.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
17.2 If a dispute arises between us you may contact our customer support team so that we may attempt to resolve the dispute informally.
18. General Terms
18.1 Force Majeure
Playdemic will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, natural disaster, pandemic, epidemics or disease, storm, fire, flood, casualty, unanticipated work stoppage, power outage, satellite failure, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, strikes or shortages of transportation facilities, fuel, energy, labor or materials or other cause beyond its control.
18.2 No Waiver
No failure or delay by either Playdemic or you in exercising rights under this Agreement will constitute a waiver of those rights. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
If any provision of this Agreement is held unlawful, void, illegal or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement clearly requires otherwise: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) “or” has the inclusive meaning frequently identified with the phrase “and/or;” (c) ”including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;” and (e) references to “hereunder,” “herein,” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation, or agreement, including this Agreement, will be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.
Any provision of these Terms which by its nature, expressly or by implication is intended to come into or continue in force following the termination of your use of the Service, shall remain in full force and effect.
18.6 Entire Agreement
19. Copyright Agent
19.1 If you believe that any User Content or other material on the Service infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below:
• Your name, address, telephone number, and (if available) email address;
• Description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of each place where alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
• Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
• A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19.2 The above information must be submitted to Playdemic’s Copyright Agent at the following address:
Warner Bros. Entertainment Inc.
Attention: Copyright Agent
4000 Warner Boulevard
Burbank, CA 91522
Tel: (818) 977-0018
Fax: (818) 977-7929
19.3 If we are notified that any User Content infringes another’s intellectual property rights, we may remove such User Content. We have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms once or on a repeated basis.
20.1 We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at firstname.lastname@example.org. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable.
21. Contact Us
21.1 You may contact us at the addresses specified herein for specific requests, or contact Customer Service with general inquiries. Please do not send us any Unsolicited Submissions.
21.2 IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.
Last updated: 26th May 2021