TERMS OF SERVICE
Terms of Service – Playtiz Ltd.
Acceptance of Terms
This Terms of Service (“Terms”) set forth are a legal agreement between Playtiz Ltd. (“Playtiz”) and the user, yourself (“you”). When you are accessing or using any of Playtiz applications and\or games provided (“Services”) you herby consent that you have read, understood, accepted and agreed to be bound and obligated to these Terms. If you do not agree to these Terms, do not use any Service.
Playtiz hereby reserves the right, in its discretion, to change or revise any of these Terms from time to time without any prior notice, and you agree to be bound by such revisions or modifications. The user holds the sole responsibility for viewing and checking these Terms periodically. Your continued use of the Services, after any change or modification of these Terms has been made will be considered as your acceptance of the updated Terms. If you don’t agree with the Terms the only option is to fully stop your use of the Services and cancel all the accounts you created using the Services.
In case of violation of these terms by you, Playtiz herby reserves the right to issue you a warning regarding said violation or immediately terminate and/or suspend any of the accounts that have been created by you using the Service, according to its sole judgement. You herby agree that Playtiz does not have to give you notice before canceling or suspending your account or accounts, but is entitled to provide one should it choose to.
As stated above, you herby give your consent that Playtiz may modify any part of the Services as it sees fit, including the content, whenever it sees fit or discontinue the Services or any part of them, for any reason, without sending any notice to you and without any liability.
The Services are intended for use by persons at the age 21 or older and for amusement purposes only. By using the services, you hereby declare that you are 21 or older. If you are 13 – 18 years old, you hereby declare that your legal guardian has reviewed and agrees to these Terms and only after said review are you entitled to use the services at those ages.
Through the process of creating an account in order to use the Services (”Account”), we may require you to select a password or allow us to access information about your account from a social network (“Login Information”). The following rules shall conduct and manage the security level and proceedings of your Account and Login Information. For the definition of these Terms, any reference to Account or Login Information will also include any account and its information, including its user names, passwords or any security questions connected, whether or not they were made to be used in the Services, that are used to access the Service: You will not share your Account or Login Information, nor will you allow anyone else to access your Account or act in any other way that might endanger your account security. Playtiz will not request that reveal your password and will not request your password security questions.
should you reveal of or suspect any breach of security, including but not limited to loss, theft, or unlicensed disclosure of your Login Information or any unauthorized access made to the Account, you have to notify Playtiz as soon as possible and change your Login Information; You hold the sole responsibility for the keeping of the Login Information confidential, and you will be held responsible for all uses made through your Login Information, including but not limited to purchases, whether or not they were authorized by you; You hold full responsibility for any action and anything that is performed and ordered through your Account, whether or not said actions were ordered or performed by you. Therefore, you acknowledge that Playtiz may terminate your Account in the event that someone else uses it and engages in any action that violates the said Terms of Service or is in any other way improper or illegal.
You hereby obligate to make sure that your Account to restricted to use by minors, and that you will deny access to any children under the age of 13. You herby accept the full responsibility for any unauthorized use of the Service by underaged persons and you acknowledge that you are responsible for any use of your credit card or other payment method (for example, paypal) by minors.
Playtiz herby reserves the right to remove or reclaim any usernames at any time, for any reason, including, but not limited to claims made by a third party that a username violates the its rights.
You herby state that you understand and consent that your user ID number, name and profile picture will be publicly available and that search engines may provide your name and profile photo
Subjected to your agreement with the Terms, Playtiz grants you a personal though non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Services. Your use of the Services shall solely be for your private, non-commercial entertainment purposes only and for no other purpose of any kind. You acknowledge that the license granted to you to use the Services is limited by these Terms, and that if you violate or if you do not agree to any of these Terms, at any point, your license shall immediately be terminates, and you are obligated to immediately cease and refrain from using the Services. If the Services or any part of them are determined to be illegal under the laws of the country in which you are accessing them from, you shall not be granted any license to use the Services, and must refrain from any use of the Services.
Playtiz may refuse access to the Services without notice for any reason, including, but not limited to, a violation of the Terms, illegal use of your account, or improper use of the Services, products, or Playtiz’s intellectual property as determined by Playtiz. You stand to lose your user name and profile, due to account termination, with no responsibility on the part of Playtiz for any damage that may be caused as a result of such process. If you hold more than one account, Playtiz may terminate all of them.
In addition to the stated, Playtiz may select to remove or deny Benefits associated with your account. “Benefits” mean licensed rights given, awarded, gifted, and/or purchased by you to access and/or use on or off-line or features of said Services and/or products included but are not limited to: paid and free downloadable content, virtual game currency, digital or virtual assets, unlockable content, rights of use connected to unlock keys or codes, serial codes and/or online authentication and in-game achievements reached. If your account, or a particular subscription you had for the Service associated with your account, is terminate/suspended and/or if any Benefits are selectively removed, revoked or denied from your account, no refund shall be granted in any form. no Benefits will be credited to you nor shall you receive any other forms of reimbursement, and you will cease to have access to your account or Benefits associated with your account or the specific Service.
You herby acknowledge that Playtiz is not obligated to provide you with any notice before terminating or suspending your account or before selectively removing or revoking Benefits associated with your account. In the event that Playtiz acts in such a way, you may not participate in any of the Services again without Playtiz’s express permission. Playtiz reserves the full right to refuse keeping accounts for, and provide access to the Service or other services to, any individual. You are prohibited from allowing individuals whose accounts have been terminated or suspended by Playtiz to use your account. If you believe that any action has been taken against your account in error, you are welcomed to contact us at: email@example.com
You agree that the content provided and published by you through the Service has been processed through the use of technology and tools provided by Playtiz. You understand and agree that you may not distribute in any way, sell, transfer or license this content and/or application in any manner to any person, in any country, or on any social network, or any other medium without the explicit prior written permission from Playtiz. You agree that you are publishing said content willingly and you declare that you own said content, that you possess the full rights to publish said content and that your publishing of said content agrees with all applicable laws relevant. You herby grant Playtiz the rights to act as an agent on your behalf as the Service’s operator.
Any data, texts, graphics, photography, or any other content, uploaded to the Service by any of its users (“User Content”) are subjected, whether in whole or in parts, to unlimited worldwide commercial, non-commercial and/or promotional use by Playtiz. Any texts, graphics, photography, files or other User Content uploaded by you shall be held to your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. Playtiz shall not bear any responsibility for any of the abovementioned content.
Playtiz reserves the right to regulate User Content and to provide no representations or guarantees regarding the accuracy, quality, or integrity of any of the User Content posted via and in the Service. By using the Service you fully acknowledge and accept that you may be exposed to material you may find as offensive or objectionable. You herby agree that Playtiz will not be responsible or liable for any User Content, under any circumstances, including, but not limited to, errors done in any User Content or any losses or damages incurred by use of the User Content or for any failure to or any delay in removing User Content.
Playtiz reserves the right (but shall not be obligated) to, in full privacy, delete, block, edit, move, disable or permanently remove User Content from the Service with or without notice for any reason it sees fit. You hereby agree that, Playtiz shall at no time be held responsible or liable for the removal, modification or blocking of material or User Content that can be considered offensive and shall at no time be obligated to cause such removal other than under applicable law.
The Service may be used provide communication channels such as forums, communities, or chats (“Communication Channels”) designed to allow you to communicate with other Service users. Playtiz is not obligated to monitor these communication channels but may choose do so, and reserves the right to review or remove materials posted to the Communication Channels, at any time, with or without notice and for any reason, at its sole discretion. Playtiz may also suspend or terminate any user’s access to any Communication Channels at any time, without prior notice, for any reason. You herby acknowledge that chats, postings, or materials posted by Playtiz’s users on the Communication Channels are neither endorsed, supported or controlled by Playtiz, and these communications should not be considered reviewed or approved by it. You will be solely and fully responsible for your activities within these Communication Channels and under no circumstances will Playtiz be liable or responsible for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels shall be public, and that you have no expectation of privacy regarding your use of the Communication Channels. Playtiz is not and shall never be responsible for information that you choose to share through and on the Communication Channels, or for the actions of other users.
Virtual Currencies and Goods
The Service may include an opportunity to purchase and obtain virtual, in-game currency (“Coins and\or Diamonds”) that may require you to pay a fee using real money in order to obtain the Coins and\or Diamonds. Coins and\or Diamonds can never be redeemed or replaced for real money, goods, or any other item of monetary value from Playtiz or from any other party. You realize and approve that you have no right or title in the virtual in-game items, spins or Coins and\or Diamonds.
Your Coins and\or Diamonds purchase is final and shall not be refundable, transferable or exchangeable in any way, except in Playtiz’s sole discretion. You may not purchase, sell, or exchange the service’s Coins and\or Diamonds outside the Service. Doing so shall be a considered a violation of the Terms and may result in termination of your Service accounts, rights and/or end in legal action taken against you. Playtiz retains the full rights to manage, control, change, modify and/or eliminate Coins and\or Diamonds or any other forms of virtual currency at its sole discretion. Prices and availability of Coins and\or Diamonds are subjected to change without notice.
Coins and\or Diamonds may only be possessed by legal residents of countries in which access to and use of the Services are permitted. Coins and\or Diamonds can only be purchased or acquired from Playtiz and through means it provides on the applicable website or otherwise expressly authorize. Playtiz reserves the right to refuse your request to purchase and/or to acquire Coins and\or Diamonds for any reason. Your Coins and\or Diamonds will reside in your account (“Game Account”), after purchase, until they are discharged through use of the Service. When purchasing Coins and\or Diamonds or any other content available, you herby agree to pay us the applicable charges for your purchase, including taxes, using a valid charge card or other acceptable method of payment we may accept in accordance with billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Coins and\or Diamonds and/or other contents are non-refundable and final. If your Game Account was charged for items you had not purchases, or if you did not receive the items you purchased, or you were charged an incorrect amount for your purchase, you may request a refund or correction in accordance to our payment provider policy. Any refund request must be received within 96 hours from the time the purchase was made in order for refunds to be issued in accordance to Playtiz’s payment provider policy. Other than charges to your Game Account, you agree to give us notice of any billing problems or discrepancies within 30 days of their first appearance on your account statement. If you fail to bring them to our attention within 90 days, you agree that you then waive your right to dispute such problems or discrepancies. You are hereby held responsible for and agree to reimburse us for all reversals, charge-backs, fines, claims, fees, penalties and other liabilities incurred by us (including costs and other related expenses) that were caused by or rose out of payments that you authorized or accepted. You understand that Playtiz may terminate or suspend your user account or Game Account if for any reason a charge you authorized us to make to your credit card or any other method of payment fails to be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternate payment method.
Rules of Conduct and Usage
You represent and state that you have full right and authority to use the Services and to be bound by Playtiz’s Terms. You agree that you will fully comply with all applicable laws, statutes, regulations, ordinances, and the Terms stated.
You hereby give full guarantee that you shall not defraud, or make an attempt to defraud, Playtiz or any other users, and that you shall not act in bad faith in your use of the Services. If Playtiz determines that you have acted in bad faith or made any violation of these Terms, or if Playtiz determines that your actions made are outside of reasonable community standards, Playtiz may, at its sole discretion and under its sole decision, terminate your account and forbid you from using the Service.
You agree that your use of the Service shall be made in accordance with the law and that you will comply with the usage rules. As an example and not as a limitation, you hereby agree that you shall not:
- Access the Service or create an account with or if you are under the age of 13;
- Upload, transmit or post material that is vulgar, indecent, obscene, pornographic, rude, sexual or that is otherwise offensive or objectionable;
- Ridicule, intimidate, threaten, defame, mock, stalk, harass, or abuse anyone, hatefully, verbally, racially, ethnically sexually or in any other manner;
- Upload or transmit (or attempt to do such) files that contain viruses, Trojan horses, cancelbots, worms, time bombs, corrupted files and data, or any other similar software or programs that may damage the operation of the Services or the computers of other users of the Service or Playtiz;
- Advertise, solicit or transmit any commercial advertisements ine the Service, including chain letters, junk e-mail or repetitive messages (spam or spim) to anyone;
- Violate the contractual, personal, intellectual property or other rights of any party including by uploading, using, distributing, transmitting, or otherwise make available any information or material made available through the Service in any manner that infringes any trademark, copyright, trade, patent, secret, or other right of any party (including rights of privacy or publicity);
- Create false identities, multiple personas, multiple user accounts, set up an account on behalf of someone that isn’t yourself, use bots or other automated software programs to defraud or which otherwise violate Platytiz’ Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed and provided;
- Attempt to obtain passwords or any other private information from other members or users including personally identifiable information (whether in text, image, video or other form), identification documents and details, or financial information;
- Attempting or performing an upload or transmission without Playtiz’s express permission and consent, any material that acts as a passive or active information collector or transmission mechanism, including, without being limited to, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, viruses, cookies or other similar aspects (can be referred to as “spyware,” “passive collection mechanisms” or as “pcms”);
- Improper use of support channels or complaint buttons to make false reports to Playtiz;
- Dealing with Coins and\or Diamonds in a way that violates any of these Terms, including but not limited to transferring Coins and\or Diamonds to other users, parties, individuals, or entities, selling or re-selling Virtual goods or virtual Currency or obtaining by fraud or acquiring Virtual Currency or other products or services;
- Distribution, development, use, or publicly informing other members of “auto” software program, “macro” software program or other “cheat utility” software program or application or any program of the above stated;
- Exploiting, taking advantage of, distributing or publicly informing any of the other members or users of any game errors, miscue or bug which gives an unintended advantage in the services;
- Sell, rent, lease, trade, gift, bequeath or otherwise transfer or give rights in your account to anyone without Playtiz’s written permission and consent;
- Accessing or using an account that has been rented, leased, gifted, sold, traded, bequeathed, or otherwise transferred from the account creator without Playtiz’s written permission and consent;
- Engage in or take part in any fraudulent activity with reference to payment methods or advertiser tracking systems;
- Violating any relevant applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright violation, trademark infringement, invasion of privacy, defamation, identity theft, hacking, cracking or distribution of counterfeit software or malware, or cheats or hacks to the Service;
- Attempt to use the Service on or through any service or platform that is not authorized by Playtiz. Any such use is at your own risk and may result you to additional or different terms. Playtiz holds no responsibility for your use of the Service through any service that is not authorized for use by it;
- Post or communicate anyones’ real-world personal private information using the Service;
- Attempt to hack interfere with, into or decipher any transmissions to or from the servers for the Service;
Interfere with the ability of others to enjoy using the Service, including disrupt, overburden, overflow or aid the disruption or overburdening of the Service servers, or take actions that may interfere with or materially increase the cost to provide the Service for the enjoyment of all its other users. Playtiz reserves the right to share and activate bots from time to time in all Services at any time without any prior notice.
You herby states that you understand and aware that Playtiz’s online Services require a continuous and uninterrupted Internet connection with the Services servers. Therefore, in the event of a bad and/or any disruption of Internet connection, there may be disruptions in Services and its results. Therefore, in any case you will not be entitled to come to Playtiz with any complaint or any claim
Intellectual Property (IP) Ownership
Playtiz retains and holds all rights in the Service materials (including, but not limited to, designs, applications, software, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement they appear in) (shall all be called “Service Materials”). The entire contents of the Service are protected by applicable copyright, patent, trade dress, and trademark laws and regulations, international conventions, and other laws protecting intellectual property and related proprietary rights.
You shall not, nor shall you cause or aid any other party to modify, decompile, disassemble, copy, reverse engineer, transfer, post create derivative works from, scrape, rent, give a sub-license, distribute, reproduce framed, republish, download, display, transmit, lease and/or sell in any form or by any means possible, in whole or in parts, use for any purpose other than the one which Playtiz destined for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Playtiz’s explicit, prior written consent and permission. The above mentioned shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including all and any derivative use, require explicit, prior written permission and consent from Playtiz. Any reproduction or redistribution of materials made not in accordance with these Terms is explicitly prohibited in any way and may result in the full or partial termination of your Service account as well as severe civil and criminal penalties
Playtiz and/or its licensors and affiliates own all rights, titles, and interests, including copyrights and other intellectual and spiritual property rights, in and to all the Service’s Materials. You hereby acknowledge that you do not acquire any ownership rights whatsoever by using the Services or by accessing any of the Service’s Materials, or rights to any derivative works.
Disclaimer of Warranty; Limitation of Liability
You hereby agree that your use of the Service shall be held at your own risk. To the fullest extent permitted by law, Playtiz, its officers, affiliates, directors, employees, and agents disclaim all warranties, explicit or implied, direct or indirect, in connection with the Services and your use thereof including implied warranties of merchantability, title, usefulness, fitness for a particular purpose or non-infringement, authority, accuracy, completeness, and timeliness. You are aware that Playtiz makes no warranties or representations about the accuracy or completeness of the content provided in the Service and of the content of any sites linked to the Service and assume no liability or responsibility for any of the following:
- Errors, mistakes, or inaccuracies in content;
- Personal injury or property damage made, of any nature whatsoever, resulting from your access to and use of the Service;
- Any unauthorized access made to or use of Playtiz’s secure servers and/or any and all personal information and/or financial information stored;
- Any interruption, interference or cessation of transmission to or from the Service;
- Any bugs, Trojan horses, viruses, or the like of which may be transmitted to or through the Services by any third party;
- Any errors or omissions in any of the content or for any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available by anyone via the Service.
In no event will Playtiz, its directors, affiliates, officers, agents, contractors, partners and employees, be liable to you or any third person or party for any special, direct, punitive, indirect, incidental, special, or consequential damages whatsoever including any loss in profits or lost data arising from your use of the Services or other materials on, obtained through, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory or form, and whether or not Playtiz has been advised of the possibility of these damages beforehand. The foregoing above mentioned limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically and fully acknowledge that Playtiz shall not be liable in any way for user submissions or defamatory, offensive, or illegal conduct by any third party or user and that the risk of harm or damage from the foregoing rests entirely and solely on you.
You agree to indemnify and hold Playtiz, and each of its directors, officers, agents, affiliates, contractors, partners and employees, harmless from and against any loss, costs and expenses, liability, claim, demand, damages, including attorney’s fees, coming out of or in connection with:
- Your use of and accessing the Service;
- Your violation of any of the terms out of these Terms;
- Your violation of any of the third-party rights, including without limitation any property, copyright, or privacy rights;
- Any claim that user submissions made by you has caused damage to any third party;
- Any of the User Content posted or shared by you on or through the Services.
By using or visiting the Services, you agree that the laws of the State of Israel, without regards to principles of conflict of laws and regardless of your current location, will govern these Terms and any dispute of any sort that might arise between you and Playtiz at any time. Any claim or dispute that arises between you and Playtiz in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv – Jaffa, Israel, and you hereby consent to, and waiver all defenses of lack of personal jurisdiction and forum non-convenient in relations to venue and jurisdiction in the courts of Tel Aviv – Jaffa. Playtiz reserves the full right to amend and/or completely change these Terms of Services at any time and without notice, and it is your responsibility to review these Terms of Service for any changes made. Your use of the Service following any amendment of these Terms of Service will signify your assent to, agreement, understanding and acceptance of its revised terms. YOU AND PLAYTIZ HEREBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED IN ANY WAY TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND NULLIFIED.
If you do not agree with the terms and conditions stated above in this document, please discontinue using any of Playtiz’s services immediately. If there are any questions regarding any of these Terms and Conditions you can contact us at: