THE TERMS OF SERVICE
THE RELATIONSHIP BETWEEN THE USER AND PLAYEMBER REGARDING THE USER’S USE OF PLAYEMBER’S SERVICES IS GOVERNED BY THIS AGREEMENT AND OTHER RELEVANT PLAYEMBER’S POLICIES.
IF THE USER INSTALLS, USES OR ENTERS THE SERVICE OTHERWISE, IT MEANS THAT THE USER ACCEPTS THE TERMS OF THIS AGREEMENT. OTHERWISE THE USER MUST NOT INSTALL, USE OR ENTER THE SERVICE IN ANY OTHER WAY.
- Definitions. Capitalized terms shall have the meaning set forth as below:
- PLAYEMBER – PLAYEMBER sp. z o.o. /limited liability company/ with its registered office in Gdańsk, Jana Heweliusza 11/811 street, 80-890 Gdansk, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Gdańsk – Północ, VII Commercial Division of the National Court Register, under KRS number 0000916609, share capital PLN 5,000.00, NIP: 5833435090
- Agreement – shall mean these Terms of Service;
- Account – an account created by the User in the Service; the User shall make reasonable efforts to ensure the Account’s security, especially the User shall not share the Account or password. If the User suspects that the Account is not secure, including but not limited to its loss or theft, the User shall notify PLAYEMBER and change the Account’s information required to log in. The User is fully responsible for any use of the Account, including but not limited to any purchases, whether authorized by the User or not. Any username may be at any time removed or reclaimed by PLAYEMBER for any reason, especially but not limited to occurrence of third party’s claims that a username may violate that party’s rights. Only one Account per game is supported on a device;.
- Intellectual Property Rights – means all and any data, information, video, graphics, sound, music, photographs, software, any other materials or content (in whatever format), copyrights as well as all computer code or scripts, whether compiled or not in any computer language or program, all patents, utility models, trademarks, know-how, trade names, domain names, rights in logo and get-up, inventions, all rights in computer software and data, databases, confidential information, trade secrets design rights (whether registered or unregistered) and semiconductor topographies and all intangible rights, privileges and forms of protection of a nature or having a similar effect to any of the above which may subsist anywhere in the world;
- Platform – means third party distribution platform (e.g. IOS, Android) on which PLAYEMBER distributes the Services;
- Restricted Content – means any content or term that:
- promotes or is related to illegal activities (illegal drugs, phishing, terrorism, criminal activities, contests, pyramid schemes or chain letters etc.);
- promotes or is related to tobacco, gambling or weapons;
- is related to pornographic or obscene material;
- is related to excessively graphic or explicit violence;
- is defamatory, inappropriate or profane;
- is discriminatory or constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
- promotes or contains viruses, worms, corrupted files, cracks or other materials that are intended to or may damage or render inoperable software, hardware or security measures of PLAYEMBER, any User, or any other third party.
- Service – use of PLAYEMBER’s games and related services;
- SNS – Social Networking Site, such as Facebook or Google+;
- User – a person who uses the Services;
- User Content – shall mean all the non-personal data that the User uploads, transmits, creates, generates, posts, publishes or shares on or through the Services, including but not limited to pictures, videos messages, files, in-game art or any other content. The User’s Content shall be accurate and in compliance with any laws and this Agreement and shall not include non-confidential information, Restricted Content or viruses, adware, spyware, worms or other harmful codes, files and software;.
- Virtual Item – shall mean: i) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and ii) virtual in-game items; whether earned in a game or purchased from PLAYEMBER.
- Our games are intended to be played by adults and we do not knowingly collect, and do not wish to collect information about children. Creating an Account or entering the Service is not permitted for persons under the age of 13. The User shall deny access to the Service to children under the age of 13. The User shall be fully liable for any unauthorized use of the Service by minors, including payment instruments, such as credit card or online payments system, such as PayPal.
- If the User’s age is between 13 and 17, it is the User’s legal guardian who has to review and agree to this Agreement. If the User access the Service from an SNS, the User shall comply with its terms of service/use as well as this Agreement.
- It is prohibited to:
- use the Service if the User has been previously removed or banned from playing any PLAYEMBER’s game by PLAYEMBER;
- create an Account using a false identity or information or on behalf of someone other than User;
- purchase, sell, rent or give away the User’s Account;
- use the Account for commercial purposes or to advertise, solicit, transmit commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
- Amendments of the Agreement. PLAYEMBER at its sole discretion has the right to make any amendments of this Agreement and other relevant PLAYEMBER’s policies at any time. The amended version shall be published on the PLAYEMBER’s Services. If the User continues to use the Services, that shall be considered as the User’s consent to the said amendments. The User shall be informed about the changes, If the User does not agree to the said amendments, the User’s license terminates immediately and the User must not use the Service any longer.
- Limited License. Upon this Agreement and other relevant PLAYEMBER’s policies, PLAYEMBER grants the User a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for the User’s own non-commercial, entertainment purposes. The User must not use the Service for any other purpose.
- License Limitations. Unless the User complies with License Limitations, it is prohibited to use the Service and PLAYEMBER may revoke the User’s license. Furthermore, the User shall be liable for any breach of law. Under any circumstances the User shall not:
- violate any law, including but not limited to intellectual property law;
- perform any actions against the community of users, the PLAYEMBER’s employees, PLAYEMBER itself, the spirit or intent of the Service or misuse PLAYEMBER Services; including but not limited to posting, publishing, uploading or sharing any information, photo or video that can be understood as Restricted Content or violating good manners.
- modify or interfere with the Service by using, directly or indirectly, cheats, exploits, automation software, bots, hacks, mods or any other unauthorized third-party software;
- harm the Services, PLAYEMBER’s computers and servers and other users, including but not limited to overburdening the servers, any attack, including distribution of a virus, gaining unauthorized access to the Service or to any other data protected by PLAYEMBER, especially personal data, manipulating Services and its rankings or taking advantage of errors in the Service or modifying any files constituting the Service without PLAYEMBER’s prior written consent.
PLAYEMBER may at its sole discretion decide what misconduct shall be considered as violating this Agreement and take suitable actions, including deleting the User Content, termination of the User’s Account, prohibiting the User from using the Service or take any other actions allowed by the law.
- Termination of Account and Service
Notwithstanding with PLAYEMBER’s other remedies, if PLAYEMBER considers that the User violates this Agreement or law, PLAYEMBER may at its own discretion limit, suspend, terminate, modify or delete Accounts, access to the Service or parts of it. PLAYEMBER shall not be obliged to compensate the User loss of the Account, Virtual Items and other benefits and privileges relating to use of the Services and lost due to aforementioned PLAYEMBER’s decision. PLAYEMBER may also take other technical and legal steps to prevent the User who violates this Agreement or law to access the Service, if PLAYEMBER considers that the User’s actions violate any laws and third parties rights, including but not limited to Intellectual Property Rights and create risk of possible legal actions against PLAYEMBER or its affiliates.
Any Account inactive for 180 days may be terminated by PLAYEMBER at its sole discretion.
PLAYEMBER has the right to stop supporting or offering the Service at any time and for any reason. In that case the User’s license is immediately terminated. PLAYEMBER shall not be responsible to compensate the User any loss of benefits, privileges or funds that may derive from the Service’s discontinuation.
The User may terminate the User’s Account at any time and for any reason by informing PLAYEMBER that the User wishes to terminate the Account. Please contact us at: firstname.lastname@example.org
- Ownership. is owner and shall have all rights, title and interest, including but not limited to all Intellectual Property Rights or other proprietary rights in connection with:
- Games and Service – including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a PLAYEMBER game client, and the PLAYEMBER game clients and server software.
- Accounts – the User shall have no ownership or other proprietary interest in the Account.
- Virtual Items – the User shall have no right or title in or to any content that appears in the Service.
The User warrants that the User Content comply with this Agreement and any laws, including but not limited to Intellectual Property Rights. The User agrees that the User Content will be processed by PLAYEMBER in accordance with its policies.
PLAYEMBER has the right to monitor, record or store the User’s interactions with the Services, PLAYEMBER or other players while the User is using the Services (including without limitation communications through in-game text or video chat). PLAYEMBER may also edit, refuse to post, or remove any User Content.
However, PLAYEMBER shall not be liable for any User Content; the only subject liable for the User Content is the User. The User uses the Services for the User’s own risk. PLAYEMBER shall not be responsible in particular for monitoring the User’s content or conduct. Notwithstanding with PLAYEMBER’s other remedies set forth in this Agreement or by law, the User shall compensate to PLAYEMBER any damages deriving from the User Content, including but not limited to these arising of other User’s compensation, decisions of court, government or other suitable authorities.
License to User Content
User hereby grants PLAYEMBER an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) to the User Content. The said license entitles PLAYEMBER to use the User Content for any purpose, including marketing and promotion of the Service on all fields of exploitation known at the time of authorization, in particular on the following:
1) any recording and reproduction (including the insertion into the computer or other device memory), production of copies, by any technique, including printing, reprographic, magnetic, mechanical, optical, electronic or other, by analogue or digital technique, in any system or format; on any media, including audio or video media, paper or similar, photosensitive, magnetic, optical, discs, memory bones, computer media and other storage media and memory;
2) any transactions with the User Content’s original and copies made in accordance with point 1 – placing them on the market, renting, lending;
3) any other distribution, including:
- a) any broadcasting and rebroadcasting, including by means of a wired or wireless vision or sound, by land stations, via satellite, cable, telecommunications or multimedia systems or other transmission systems (including simulcasting or webcasting), in an uncoded manner or coded, in an open or closed circuit, in any technique (including analog or digital), system or format, with or without the possibility of recording, including text, multimedia, Internet, telephone or telecommunications services;
- b) any public access to the User Content in such a way that everyone can access it in a place and time of their choice, including the introduction of User Content to IT networks, in particular to the intranet and the Internet, to make the User Content available in such networks, as well as through stations terrestrial, via satellite, cable, telecommunications or multimedia networks, databases, servers or other devices and systems, including third parties, in an open or closed circuit, in any technique, system or format, with or without the possibility of recording on a medium, also within the services mentioned in letter “a”;
- c) any public performance, display, exhibition,
and in relation to User Content computer program layer also in the following fields of use:
- permanent or temporary duplication of the software in whole or in part, by any means and in any form;
- distribution, including lending or rental of software or a copy thereof.
PLAYEMBER may therefore in particular copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, the User Content and all modified works and works which derive from the User Content
User hereby waives or undertakes not to perform any rights of attribution and/or any moral rights the User may have in the User Content, regardless of whether the User Content is altered or changed in any manner unless it is prohibited by applicable law.
PLAYEMBER does not claim any ownership rights in the User Content and nothing in this Agreement is intended to restrict any rights that the User may have to use and exploit the User Content.
- Interactions. PLAYEMBER is not responsible for the User’s interactions with other Users and third parties. In particular PLAYEMBER is not responsible, but reserves its right to get involved in disputes arising from the use of the Services. If the User suspects unlawful, harmful or other improper activity of the other users, the User shall contact PLAYEMBER. In case of the User’s disputes with other users, PLAYEMBER shall be released from any claims, demands and damages arising of these disputes.
- In-Services Purchase Terms
While using the Service, the User may purchase a limited, personal, non-transferable, non-sublicensable and revocable license to „virtual currency”, in-game items (together with virtual currency, the „Virtual Items”) and other goods and services. PLAYEMBER may revise pricing for any reason and at any time. Only PLAYEMBER and its partners are authorized to sell the Virtual Items and other goods and services. PLAYEMBER and its affiliates shall not be liable for Virtual Items and other goods and/or services’ purchase from third parties.
Virtual Items and other goods or services may be modified, eliminated, managed, regulated or controlled by PLAYEMBER at any time, for any reason. No User’s rights arise from such activity.
Unless it is expressly authorized in the Service, the User must not transfer Virtual Items and other goods and services relating to the Services.
All purchases and redemptions of Virtual Items and other goods and services made through the Service are final and non-refundable. The User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services or the Account’s termination.
The User agrees to pay all fees and applicable taxes incurred by the User or anyone using an Account registered to the User.
- Subscription. Some parts of the Services and/or Virtual Items may be billed on a subscription basis (“Subscription”). Subscription provides access to dynamic content or services from within the Services on an on-going basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Services (“Subscription Period”). Payment will be billed on the User’s Platform account when User confirms the Subscription by available confirmation tools within the Services.
Trial Subscription is offered free of charge for a certain period of time from activation specified in the relevant offer in the Services. In case the User does not cancel the Subscription within such period, Subscription Fee shall be taken from User’s relevant Platform account when the trial period expires. User’s Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. User may cancel a Subscription during its free trial period using the relevant Subscription settings of User’s account in the Platform. PLAYEMBER cannot cancel your free-trial subscription if it has already been activated.
Subscription is automatically renewable, unless the User turns such Subscription off at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from User’s relevant Platform account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from User’s Platform account due to absence of monetary funds, invalidity of credit card or for any other reasons, Subscription shall be automatically cancelled.
Once the User has purchased a Subscription, User can manage it and switch off automatic renewal at any time after the purchase in the settings of User’s Platform account. User cannot cancel User’s current Subscription if it has already been activated.
Except when required by law, paid Subscription Fees are final and non-refundable. User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services relating to the Subscription or the Account’s termination.
PLAYEMBER in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. User will be provided a reasonable prior notice of any change in Subscription Fee. If User does not take action to agree to the increase in Subscription Fee, such User’s Subscription shall expire at the end of the current Subscription period.
User acknowledges and agrees that all billing and transaction processes are handled by relevant Platform operators, and are governed by such Platforms’ terms and conditions. If the User has any payment related issues, such User needs to contact the relevant Platform operator directly. PLAYEMBER shall not be a party to such an agreement between the User and Platform operator and shall not be liable for any obligations or damage rising thereof.
- Updates. To provide the Service’s proper performance, PLAYEMBER at its sole discretion, has the right to update its Service without prior notification. To continue using the PLAYEMBER’s Services the User must accept these updates, including updates of third parties’ software from time to time.
- No Warranties. PLAYEMBER does not warrant that its Services will be accessible for User at the times or locations chosen by the User, are error-free or free of viruses or other harmful components, as PLAYEMBER does not warrant that its Services will suit the User’s purpose of use.
As far as it is permitted by law, PLAYEMBER is not liable to the User for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from PLAYEMBER’s gross negligence or willful misconduct or from death or personal injury arising from PLAYEMBER’s any negligence or fraud. This Agreement does not affect any statutory rights of consumer.
The User undertakes to indemnify, defend and hold PLAYEMBER (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Service, or any breach by the User of this Agreement. For the avoidance of doubt, the foregoing does not apply if the infringement of rights is not attributable to the User’s intentional or negligent behavior.
- Governing Law and Dispute Resolution
If you are a citizen of the European Union, you can bring an action before the court of your residence.
In case of any dispute arising between the User and PLAYEMBER, the User is strongly encouraged first to contact PLAYEMBER directly at email@example.com
- Right to transfer. PLAYEMBER may transfer this Agreement or relevant policies, in whole or in part, at any time and to any person or entity without the User’s consent. However, PLAYEMBER’s prior written consent is required for the User’s rights or obligations transfer made by the User to be valid.
- Additional Policies. PLAYEMBER may publish additional policies related to its Services. The User must agree and comply with these policies to use the Services.
- Entire Agreement. This Agreement, together with any documents referred to in it (if any), constitutes the entire agreement and understanding between PLAYEMBER and the User and supersedes any previous agreements or understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
- No Waiver. If PLAYEMBER fails or delays to enforce its rights under this Agreement or other policies, it shall not precludePLAYEMBER from taking legal or other actions to enforce its rights. Any prior failure or delay shall not constitute a defense. Any waiver of PLAYEMBER to enforce its rights shall be made in writing to be valid and applies only to certain rights, the waiver does not apply for any future claims, demands or damages, unless it is expressly stated.
- Notices. PLAYEMBER may notify the User via PLAYEMBER website http://playember.com/ the User’s e-mail or using any other contact information provided by the User. All notices given by the User or required from this Agreement or PLAYEMBER’s other policies, shall be made via PLAYEMBER’s website.
- Force Majeure. PLAYEMBER shall not be liable and shall be excluded from performing if such performance hereunder is interfered with by any condition beyond PLAYEMBER’s reasonable control, including acts of God, labor disputes, or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts of orders of government, acts of terrorism or war.
- Right to change. PLAYEMBER reserves the right to make changes to this Agreement, if necessary, in particular for legal reasons or in connection with changes in the services provided. In the event of such a circumstance, the User shall be informed and PLAYEMBER shall publish the current wording of the Agreement with the date of amendments on http://playember.com/