Playgendary GmbH Terms of Service
Last modified: May 13, 2020
The terms of this agreement ("Terms of Service") govern the relationship between You and Playgendary GmbH, a company under laws of Germany, with registered address at: Landshuter Allee 8-10, 80637 Munich, Germany ("Playgendary" or "PG" or "We" or "Us"), regarding Your use of Playgendary’s games, websites and related services ("Service"), including all information, text, artworks, images, logos, product and character names, graphics, software, services and the compilation of the foregoing, available for Your use.
You can find the latest updated version of the Terms of Service at any time at our Site here.
Playgendary is a developer and publisher of games and mobile game applications (our "Games"). Our Games download/purchase page may contain certain additional terms, conditions and requirements, which constitute a part of the Terms of Service. In case you download/purchase the Apps through an online store such as Google Play Store, Apple App Store, etc. (“Online Store”), please, review the terms and conditions of the owner of that particular Online Store, which may provide for certain additional requirements applicable to the download of the Apps through that Online Store, its installation and use.
You represent that You are 16 years or older. If You are over 16 years, but younger than 18 years, You can only download our Games and play them on Your device, if Your parent(s) or legal guardian have/has reviewed this Agreement and allowed You to download and play our Game subject to these Agreement. Playgendary may require adequate proof of Your identity and age and consent from a parent or guardian at any time.
You represent that You are accessing our Games as a private person (consumer). Service offered by Playgendary is intended solely for the purpose of entertainment. No commercial use of our Games is allowed.
1. End-User License Agreement
Subject to the terms of this Agreement, PG grants You a non-exclusive, non-transferable, non-sublicensable, revocable, limited-right license subject to the limitations below to access and use copyright or otherwise legally protected materials provided as part of the Service for Your personal non-commercial entertainment purpose.
1.2. Provision of online services
PG may provide certain online services as part of the Services in accordance with these Terms of Service. PG has the right to limit or discontinue these online services at any time unless You have bought a Subscription under these Terms of Service in which case PG will provide the online services in accordance with such Subscription.
1.3. Certain Restrictions
The rights granted to You in this Agreement are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Service; (b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) You shall not access Service in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in Service. Any future release, update, or other addition to functionality of Service (including in-app purchases in Games (Virtual items and Virtual Currency, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.
The copyright or otherwise legally protected materials provided as part of the Service provided to You are licensed to You and not sold.
PG (and its licensors, where applicable) own all rights, title and interest, including without limitations any Games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by Playgendary and/or received or made available while playing the Games or developed during the course of the Games, and all related intellectual property rights, in and to Service.
Copyright, trademarks, and all other proprietary rights shown in Service (including, but not limited to, software, services, text, graphics, and logos) are reserved to Playgendary. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the website, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of Playgendary is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
4. In-Game Currencies and Goods
Playgendary’s Games include virtual in-game currency («Virtual Currency»), such as coins, cash, and/or diamonds, that can be purchased for real money and in turn used to purchase virtual in-game items ("Virtual Items»).
Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not own them.
In no way can Virtual Currency or Virtual Items be exchanged with us or anyone else for, real money (traditional currency, any other open digital currency), goods, other items, or services of monetary value. The transfer of Virtual Currency or Virtual Items is prohibited except where expressly authorized in Service. Other than as expressly authorized in Service, You shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Items to any person or entity, including but not limited to Playgendary, another user or any third party. In the event your account is limited, terminated, suspended, modified, or deleted for any reason, at PG’s sole and absolute discretion for any reason attributable to You, or if PG discontinues its Games, or if Virtual items of the User are lost, hacked or stolen, you forfeit any and all Virtual Currency and Virtual Items earned or purchased.
Price and availability of Virtual Items are subject to change without notice.
Playgendary may manage, regulate, control, modify or eliminate available Virtual Items at any time, with or without notice. Playgendary may also revise the pricing for the goods and services offered through the Service at any time. Playgendary shall have no liability to You or any third party in the event that Playgendary exercises any such rights.
5. Third Parties
5.1. Third-Party Services
5.2. Links to Third Parties
Any content, advertising or services by such third party are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third party before using their services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. PG is not liable for any claim relating to any content, goods or services of third parties.
5.3. Other users
A Game may contain User Generated Content (UGC) provided by other users of the Game. PG is not responsible for and does not control the UGC. PG has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to UGC. You use all UGC and interact with other users at Your own risk. Your interactions with other users are solely between You and the other user and we are under no obligation to become involved. You agree that PG will not be responsible for any liability incurred as the result of any such interactions.
You hereby irrevocably and unconditionally release and forever discharge PG (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.»
6. Payments and Refunds
6.1. General provisions
When you purchase the Apps from the Online Store, including subscriptions and in-app purchases (Virtual Items and Virtual Currency), the payment for such purchases may be processed either by third parties on our behalf, or directly by the owner of the Online Store. When purchasing the Apps, including subscriptions and in-app purchases, you agree that the digital content will be available to you immediately, and acknowledge that you will lose your rights to the 14 days cancellation period and refunds available for EU and EEA residents. If you download the Apps from the Online Store owner, before effecting the purchase from the Online Store, please also review and accept the terms and conditions of the Online Store owner with regard to your rights to cancel orders and get related refunds. Thus, if You have any payment related issues, then You need to contact App Store or Google Play directly.
All purchases and redemptions of Virtual Items and Virtual Currency, as well as payments for the Subscriptions as it is described in section 7.2, made through Service are final and non-refundable, except when required by law. You agree that Playgendary is not required to provide a refund for Virtual Items and Virtual Currency for any reason, and that You will not receive money or other compensation for unused Virtual Items and Virtual Currency, whether You lost license under this Agreement voluntary or involuntary.
YOU ACKNOWLEDGE THAT PG IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
- Some parts of the Service are billed on a subscription basis («Subscription(s)»). Subscription provides access to dynamic content or services in the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game («Subscription Period»). Payments for such subscriptions would be charged at your Apple App Store or Google Play account («Account») when You confirm the Subscription by available confirmation tools of the Game. You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.
- Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Game. If You do not cancel the Trial Subscription within such period, Subscription Fee shall be withdrawn from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-day trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. This must be done 24 hours before the end of the free trial subscription period (Apple App Store), or at any time before the end of the free trial subscription period (Google Play Store), otherwise it will be renewed as a paid subscription. PG cannot cancel Your free-trial subscription if it has already been activated.
- Subscription is automatically renewable for the same price and duration period as the original subscription package chosen by You, unless You turn off it: in case of an Apple App Store, at least 24-hours before the end of the current subscription period, or (ii) in case of Google Play Store, at any time before the end of the subscription period. Subscription Fee for renewal shall be taken from Your Account within 24-hours prior to the end of the current subscription period (Apple App Store), or at the end of the subscription period (Google Play Store) at the cost of the chosen package. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.
- Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. If Subscription has already been activated, You can cancel the Subscription at any time and the cancellation will take effect after the end of the last day of that subscription period.
- Except when required by law, paid Subscription Fees are non-refundable.
- Playgendary 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. You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period.
7. Warranties and Disclaimers
7.1. ALL INFORMATION, SOFTWARE, AND SERVICE OFFERED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
PLAYGENDARY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE OF SERVICE AT THE TIMES AND LOCATIONS OF YOUR CHOOSING; THAT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OT THAT THE GAMES OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PLAYGENDARY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.
IN NO CASE SHALL PLAYGENDARY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PLAYGENDARY INFORMATION) REGARDLESS OF WHETHER PLAYGENDARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICE OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
7.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR PROVIDE SPECIAL CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7.3. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that have been designated by the U.S. Government as a «terrorist supporting» country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation.
8. Limitation on Liability
8.1. IN NO EVENT SHALL PG (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR PG’S PRIVACY PRACTICES, ANY GAME, EVEN IF PG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PG’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR PG’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID PG IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL PG’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
8.2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES OR PROVIDE OTHER SPECIAL REGULATIONS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend, indemnify and hold harmless PG (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) Your use of any Game, (ii) Your UGC, or (iii) Your violation of this Agreement.
PG reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PG and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PG. PG will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
10. User Generated Content
On certain areas of our Services or otherwise, you may be able to chat with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, games and other materials and content (“User Generated Content” or “UGC”).
If you are a game developer (or its representative) and wish to submit your game to be published by Playgendary, you may upload some UGC (including the game itself, brief information about it, some video and audio materials related to the game) via our Publisher contact form. Please note, that by uploading your Game or game-related content to our website for possible publishing, you do not automatically enter a legal publishing contract with Playgendary. Playgendary is not under any obligation to publish the games submitted via our website, as well as to store elements which may be sent via the website and will not be bound to return elements sent by you.
If you are a job applicant and wish to submit your CV to the open position advertised in our website, you also may upload some UGC (including your name, contact details, your CV or portfolio) via our Job applicant’s contact form.
Your uploading and posting of UGC is subject to the Terms and the following posting rules (“Posting Rules”):
A. You agree that your UGC is:
- Not confidential;
- Not in violation of law;
- Not in violation of contractual restrictions or third party rights, and that you have permission to use content from any other party whose personal or other information or intellectual property is contained in the UGC;
- Not abusive, harmful, libelous, profane, obscene or otherwise objectionable;
- Not for commercial purposes or business solicitations; and
- Free of viruses, corrupting files, interference, cheat software, worms or other malicious code.
B. Responsibility of Postings. You understand and acknowledge that UGC is solely your responsibility, and that PG is not responsible for the information, data, text or other materials that may appear in UGC. Opinions expressed in UGC do not necessarily reflect the opinions of PG. UGC is not necessarily reviewed by PG prior to posting and PG makes no warranties, express or implied, as to the UGC or to the accuracy and reliability of the UGC.
C. No Monitoring/Violation Notices. You acknowledge that PG does not necessarily monitor any materials posted, transmitted, or communicated to or within the Games and other Services. Notwithstanding the foregoing, you further agree that PG and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any UGC that is available via Games and other Services with or without notice to You.
D. Ownership and license of UGC. By displaying, uploading, distributing, or otherwise using Your UGC with any Service (Game, website, etc.), You automatically grant, and You represent and warrant that You have the right to grant to PG an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, edit, prepare derivative works of, incorporate into other works, and otherwise use Your UGC, solely to display Your UGC in any Game and Service. If You provide PG any feedback or suggestions ("Feedback"), You hereby assign to PG all rights in the Feedback and agree that PG shall have the right to use such Feedback and related information in any manner it deems appropriate. PG will treat any Feedback You provide to PG as non-confidential and non-proprietary. You agree that You will not submit to PG any information or ideas that You consider to be confidential or proprietary.
YOU UNDERSTAND AND AGREE THAT PG MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT NOTICE, IF PG DEEMS THAT YOU MATERIALLY BREACH THESE POSTING RULES, THE TERMS, APPLICABLE LAW, OR FOR ANY OTHER REASON. PG ASSUMES NO LIABILITY FOR ANY INFORMATION REMOVED FROM OUR GAMES AND SERVICES AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS TO SERVICES.
11. User Conduct
You shall accept and abide by the following:
- You agree not to use any Game to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
- You agree not to use any Game to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, post and/or make available to the public any other user’s personal information in the Games and/or any game-related services without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the website or Game or servers or networks connected to Games (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any Game.
- You acknowledge and agree that Playgendary may use built-in tracking features to obtain information regarding Your use of the Games in order to improve the services we provide, and agree that such information is deemed to be User Content for all intents and purposes under these Terms.
- You shall not (a) improperly use Playgendary’s support services, including without limitation submission of false reports of abuse or misconduct by any party; (b) disable, interfere with, or circumvent any security feature of the Games or any feature that restricts or enforces limitations on the use of or access to the Games or UGC; (c) participate in any activities and/or perform any actions that, in Playgendary’s sole opinion, lead to, result in, or may result in an authorized user of the Games being defrauded of Virtual Currency or Virtual Items that user has earned through authorized gameplay and/or purchased in the Games; (d) sell Playgendary’s Games or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for real currency or items and/or services of monetary value; (e) engage in cheating or any other fraudulent activity deemed by Playgendary to be in conflict with the spirit of the Games; (f) use or take part in the use of any unauthorized third-party software designed to modify or interfere with Service and/or any Playgendary’s Games; (g) share Your password or any credentials You may use to access Your account with anyone; (h) purchase, sell, rent, or give away Your account, or otherwise make available Your account to any third party; (i) create an Account using a false identity or information, or on behalf of someone other than Yourself.
12. Modifications of this Agreement
Such changes will only affect the relationship with You for the future. The continued use of the Services will signify Your acceptance of the revised Terms. If You do not wish to be bound by the changes, you must stop using the Services. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to Your acceptance. You can obtain any previous version from the Playgendary via contacting us at: email@example.com.
We recommend that You print a copy of this Agreement for Your reference and revisit this web-page from time to time to ensure You are aware of any changes.
13. Term and Termination
13.1. This Agreement runs for an indefinite term.
13.2. Either Party may terminate this Agreement at any time by giving 14 days notice (written or electronic communication, e.g. via e-mail, required). However, You may also terminate the User Agreement with immediate effect by deleting the Game from Your device or removing the Game from Your Facebook apps.
13.3. Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
If we have reasonable ground to believe that You are in material breach of these Terms of Service, we may suspend Your access to our Game and/or terminate this User Agreement. Your breach of Section 1, 10 shall be considered a material breach.
13.4. Upon expiry, You will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted. Only if PG continues to operate the Game, You may again download the Game or access the Game on Facebook whereby a new User Agreement will start to run. However, any game-related data cannot be restored.
13.5. Without limiting the foregoing, PG reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to PG by the copyright owner or the copyright owner’s legal agent.
13.6. Upon termination of this Agreement, Your right to use the Game will automatically terminate immediately without right to refund to You for Virtual Currency or Virtual Items acquired, developed during, or purchased in the Games. You understand that any termination may involve deletion of Your UGC associated therewith from our live databases. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.3, 2, 3, 5, 6, 7, 8, 9, 10, 13, and 19.
Any notice provided to PG pursuant to this Agreement should be sent to firstname.lastname@example.org
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
16. Entire Agreement
The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". Your relationship to PG is that of an independent contractor, and neither party is an agent or partner of the other.
19. Supplemental Policies
Playgendary may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
20. No waiver
The PG’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
21. Applicable Law
The laws of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
22. Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the PG is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
Consumers based in England may bring legal proceedings in connection with these Terms in the English courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.
23. Dispute resolution
Amicable dispute resolution
Users may bring any disputes to us, and we will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the us at the contact details provided in this document.
The user may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the PG’s email address specified in this document. The Owner will process the complaint without undue delay at possible shortest terms, but in no way no longer that 30 days.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.
24. Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to You if You are using a Game from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of the Application Store Terms of Service will control.
PG and You acknowledge that this Agreement is concluded between PG and You only, and not with Apple, and PG, not Apple, is solely responsible for Game and the content thereof.
24.2. Scope of License
The license granted to You for Game is limited to a non-transferable license to use Game on an iOS Product that You own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
24.3. Maintenance and Support
PG is solely responsible for providing any maintenance and support services with respect to Game, as specified in this Agreement (if any) or as required under applicable law. PG and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Game.
PG is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Game to conform to any applicable warranty, You may notify Apple, and Apple may refund the purchase price for Game to You; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PG’s sole responsibility.
24.5. Product Claims
PG and You acknowledge that PG, not Apple, is responsible for addressing any claims of You or any third party relating to Game or Your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit PG’s liability to You beyond what is permitted by applicable law.
24.6. Intellectual Property Rights
PG and You acknowledge that, in the event of any third-party claim that Game or Your possession and use of Game infringes the third party’s intellectual property rights, PG, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
24.7. Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a «terrorist supporting» country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
24.8. Developer Name and Address
PG’s contact information for any end-user questions, complaints or claims with respect to Game:
Playgendary GmbH, a company under laws of Germany, with registered address at: Landshuter Allee 8-10, 80637 Munich, Germany
24.9. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using a Game.
24.10. Third-Party Beneficiary
PG and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.