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TERMS OF USE
LAST REVISED: December 1st, 2024
The Terms of Service ("Terms") you are reading are a legally binding agreement that 😄 governs the relationship between Playtika, as defined above and yourself ("you") and your use of the Game on the web, 😄 mobile or any other applicable platforms and/or devices (the “Service” or “Services”).
Please review the Terms carefully. They include a provision 😄 waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual 😄 arbitration unless you opt-out within the specified time frame.
BY ACCESSING OR USING PLAYTIKA’S SERVICE AND ACCEPTING THESE TERMS, YOU AGREE 😄 THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE 😄 TERMS, DO NOT USE THE SERVICE.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY 😄 GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE 😄 WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY, EVEN THOUGH THE SERVICE 😄 MAY OFFER THE OPPORTUNITY TO PURCHASE CERTAIN VIRTUAL ITEMS.
MONOPOLY Poker ( hereinafter also referred to as “the Game”) is a 😄 social casino game, and not a real money poker game. With MONOPOLY Poker there is no pay-out for virtual currency 😄 that you have in-game; not if you won it through playing and not if you bought it with real money 😄 (in-app purchase and otherwise) If you buy in-game currency, that is money you spend to participate in playing the game, 😄 including for rounds and for cosmetic items such as outfits. I
It also means that with MONOPOLY Poker, the in-game currency 😄 cannot be sold or traded. In-game, there is no possibility to do this. If you sell or trade and transfer 😄 in-game currency (your account) outside of the game, and we learn about it, we will suspend that account. These rules 😄 are explained in more detail below under ‘Virtual Items, optional payment’
Playtika LTD and its subsidiaries and affiliates (“Playtika”, “Company” or 😄 “we”) welcome you (“User”, “Player” or “you”) to MONOPOLY Poker Multiplayer The Game is offered and/or can be played, if 😄 and whenever applicable, via (i) web and / or (ii) installable applications for desktop and or (iii) installable applications for 😄 mobile app stores, hereinafter collectively referred to as “Platforms”. Examples of Platforms are Facebook, Steam, app stores of Google, Apple 😄 and Amazon / Kindle. You can find additional information about this under section 3.
Users may use the Service, as well 😄 be defined under section 2, in accordance with the terms and conditions hereunder.
1. ACCEPTANCE OF THE TERMS
By connecting to, using, 😄 participating in, accessing and/or playing our Game (as such term is defined below) and/or installing our Apps (as such term 😄 is defined below) on your mobile device, and/or by creating an Account (as such term is defined below) you acknowledge 😄 that you have read and understood the following terms of use including the terms of the Privacy Policy available at 😄 LINK (the “Privacy Policy”) and you agree to be bound by them and to comply with all applicable laws and 😄 regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract 😄 between Playtika and you. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT INSTALL THE APP, DO NOT 😄 CONNECT TO, ACCESS OR USE ANY OF THE APP AND GAME. PROMPTLY ERASE THE APP FROM YOUR MOBILE DEVICE AND 😄 PERSONAL COMPUTER AND DO NOT ENTER TO, CONNECT TO, ACCESS OR USE ANY OF OUR SERVICES.
The Game is available only 😄 to individuals who (a) are at least twenty one (21) years old (see Section 5 below); and (b) possess the 😄 legal capacity to enter into these Terms and to form a binding agreement under any applicable law. Therefore, you hereby 😄 represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any 😄 applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.
2. THE SERVICES
We 😄 offer the Game through Platforms. We also offer Users the ability to purchase with real money virtual goods, virtual currency, 😄 tokens or virtual prizes within the Game (“Virtual Items”), as such term is further detailed below. (Collectively hereinafter referred to 😄 as the “Services”)
The Game and the use thereof is free of charge. Players have the option of purchasing from us 😄 with real money or “earning” Virtual Items.
Players may earn Virtual Items by winning the Game against other Players or the 😄 computer. If a Game is won in accordance with the Game Rules, the total amount of Virtual Items will be 😄 credited to the Account (as such term is defined below) of the winning Player. The Players are informed about the 😄 results of a Game, and whether they have won a prize within the Game. Playtika reserves the right to correct 😄 results in retrospect or to declare results void, if the result of a Game was caused by a technical default 😄 or a Player’s fraudulent behavior.
Players may earn Virtual Items by winning the Game against other Players or the computer. If 😄 a Game is won in accordance with the Game Rules, the total amount of Virtual Items will be credited to 😄 the Account (as such term is defined below) of the winning Player. The Players are informed about the results of 😄 a Game, and whether they have won a prize within the Game. Playtika reserves the right to correct results in 😄 retrospect or to declare results void, if the result of a Game was caused by a technical default or a 😄 Player’s fraudulent behavior.
To be able to access and/or use the Service, or any portion thereof, User must legally obtain all 😄 the applicable or required utilities and equipment (such as PC, smart phones, Internet connection) at his/her sole risk and expense. 😄 Please note that the Apps may only be available for certain operating systems (such as iOS, Android, Microsoft Windows). The 😄 User may only download and use the Apps on a device running validly licensed copies of the operating systems on 😄 which the Apps were designed to operate.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES ARE PROVIDED “AS IS”. PLAYTIKA WILL NOT 😄 BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN 😄 CONNECTION WITH YOUR USE OF THE SERVICES. ANY VIOLATION OF THESE TERMS ENTITLES PLAYTIKA TO IMMEDIATELY TERMINATE USERS ACCOUNT WITHOUT 😄 NOTICE. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
3. HOW TO PLAY THE GAME
Use and registration for 😄 the Services is entirely free of charge.
The different Platforms offer Users different ways to play the Game such as by 😄 registering, using your log-in credentials from a third-party platform like Facebook, Steam or playing the Game as a guest (“Guest 😄 Player”) with just a registration of the player name.
IOS AND/OR ANDROID PLATFORMS:
The User can play the Game on the iOS 😄 and/or Android platforms by using his/her existing Facebook account, with their MONOPOLY Poker login, alternatively as a Guest Player.
STEAM PLATFORM
The 😄 User can play the Game on Steam platform only through his/her existing Steam Account. Valve Corporation offers Steam platform.
You must 😄 safeguard and not disclose your Account username and password and you must supervise the use of such Account. A Player 😄 may not sublicense, sell or otherwise transfer his/her Account and/or sell any Virtual Items associated with such Account to a 😄 third party. You must provide accurate and complete information when creating an Account and you agree not to misrepresent your 😄 identity or your Account information or open an Account using a false identity or incorrect information, or on behalf of 😄 someone other than yourself. You agree to keep your Account information up to date and accurate. You are solely and 😄 fully responsible for any activities that occur under your Account.
If for any reason you wish to modify your Account registration 😄 information you may do so through the “Edit Details” tab within the Service. If you wish to terminate your Account 😄 you can contact us at: Your Account will terminate within a reasonable timeframe following your request, and from the date 😄 of termination you will no longer be able to access your Account. You must remove all contents of the Services 😄 immediately once you request to terminate your Account.
Note that you shall monitor your Account and restrict use by minors, and 😄 you will deny access to minors under the age of 21years old. You accept full responsibility for any unauthorized use 😄 of the Service by minors in connection with your Account. You are responsible for any use by minors of your 😄 credit card or other payment instrument.
Players will immediately inform Playtika as soon as they gain knowledge that any unauthorized use 😄 has been made of his/her Account. Playtika recommends that, for security reasons, passwords should be changed regularly.
YOU AGREE THAT YOU 😄 SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU ACKNOWLEDGE THAT ALL RIGHTS IN AND TO 😄 AN ACCOUNT ARE AND SHALL BE OWNED BY PLAYTIKA. YOUR ACCOUNT WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE YOUR REQUEST 😄 TO DEACTIVATE OR DELETE IT OR IN THE EVENT THAT THE COMPANY DECIDES TO TEMPORARILY OR PERMANENTLY LIMIT, SUSPEND OR 😄 TERMINATE YOUR ACCOUNT (AS FURTHER DETAILED BELOW). NEVERTHELESS, WE RESERVE THE RIGHT TO TERMINATE AN ACCOUNT THAT HAS BEEN INACTIVE 😄 FOR AT LEAST 180 CONSECUTIVE DAYS. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN 😄 ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. USE RESTRICTIONS
There are certain conducts which are strictly prohibited when 😄 using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein 😄 may result (at Playtika’ sole discretion) in the termination of your access to the Services and/or may expose a User 😄 to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (a) use the Services for 😄 any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Services and/or your Account and/or the Content (as such term 😄 is defined below) for non-personal or commercial purposes (including without limitation communicating or facilitating any commercial advertisement or solicitation and/or 😄 gathering or transferring Virtual Items for sale); (c) fail to pay any fees (to the extent applicable); (d) interfere with 😄 or violate Users’ rights to privacy and other rights, or harvest, post, solicit or collect personally identifiable information about Users 😄 without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, 😄 or use other manual or automatic device, process or method to access the Services and retrieve, index and/or data-mine information; 😄 (e) interfere with or disrupt the operation of the Services or the servers or networks that host the Services, or 😄 disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (f) falsely state or 😄 otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, 😄 your business or any statement you make, or present false or inaccurate information about the Services; (g) take any action 😄 that imposes, or may impose an unreasonable or disproportionately large load on our platform infrastructure as determine by us; (h) 😄 bypass any measures we may use to prevent or restrict access to the Services; (i) copy, modify, alter, adapt, make 😄 available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made accessible by Playtika on or through 😄 the Services, including any information, videos, text, graphics, software programs used by Playtika in connection with the Services, materials, descriptions, 😄 data obtained from or through the Services (collectively, the “Content”), or publicly display, reproduce, create derivative works from, perform, distribute, 😄 or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available 😄 to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, 😄 process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject 😄 to Playtika’ proprietary rights, including Playtika’ s Intellectual Property (as such term is defined below), in any way or by 😄 any means, unless expressly permitted in the Terms; (k) make any use of the Content on any other site or 😄 networked computer environment for any purpose, or replicate or copy the Content without Playtika’ prior written consent; (l) create a 😄 browser or border environment around Playtika Content (no frames or inline linking is allowed); (m) sell, license, or exploit for 😄 any commercial purposes any use of or access to the Services and/or Content; (n) frame or mirror any part of 😄 the Services without Playtika’ prior express written authorization; (o) create a database by systematically downloading and storing all or any 😄 of the Content from the Services; (p) transmit or otherwise make available in connection with the Services any virus, worm, 😄 Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended 😄 to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, 😄 disruptive, or invasive code or component; and/or transmit unauthorized communications through the Service, including spam and any materials that promote 😄 spyware, malware and downloadable items; (q) access or use an Account or Virtual Items that have been sublicensed, sold or 😄 otherwise transferred from the original Account; a (r) remove or disassociate, from the Content and/or the Services any copyright, trademark 😄 or other proprietary notices contained in such materials (such as ©,™, or ®); (s) engage in any act that Playtika 😄 deems to be in conflict with the spirit or intent of the Service, inter alia, circumvent or manipulate the Terms; 😄 (t) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere 😄 with the Service or use the Service in order to design or assist in the design of cheats or any 😄 other unauthorized third party software designed to modify or interfere with the Service; (u) attempt to gain unauthorized access to 😄 the Service and/or Accounts registered to others or to the computers, servers, or networks connected to the Service by any 😄 means other than the user interface provided by Playtika; (v) perform in-game services in exchange for payment outside the Service 😄 (e.g. power-leveling and item collection services); and/or (w) infringe and/or violate any of the Terms.
5. MINORS
To enjoy the Services, you 😄 must be at least twenty one (21) years old. In the event that it comes to our knowledge that a 😄 person under the age of twenty one (21) years old is using our Services, we have the right to prohibit 😄 and block such User from accessing the Services and will make all efforts to promptly delete any Personal Data we 😄 have on such User.
6. LICENSE
Subject to your agreement and continuing compliance with these Terms, Playtika hereby grants to you, and 😄 you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use the Game solely 😄 for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, 😄 the applicable Usage Rules (defined below) and applicable law.
The Terms do not convey to you an interest in or to 😄 the Company’s Intellectual Property but only a limited revocable right to use the Service in accordance with the Terms. Nothing 😄 in the Terms constitutes a waiver of the Company’s Intellectual Property rights under any law.
7. VIRTUAL ITEMS / OPTIONAL PAYMENT
When 😄 you play MONOPOLY Poker, you can license a variety of Virtual Items such as virtual goods (cosmetic items such as 😄 hats and pins), virtual chips, and virtual currency (“Virtual Items”) and use these in the game.
You can always play MONOPOLY 😄 Poker for free and get virtual items by playing the game.
You can also pay a fee to obtain Virtual Items. 😄 You can pay through an in-app purchase. Virtual Items are not available for a fee in all countries.
Note that you 😄 do not in fact “own” the Virtual Items, and you do not have any property interest in the Virtual Items. 😄 Any purchase of virtual items, and Virtual Items accumulated while playing MONOPOLY Poker or through any subscription, are purchases of 😄 a limited, non-transferable, revocable license to use those Virtual Items within MONOPOLY Poker
You can only use the Virtual Items when 😄 playing MONOPOLY Poker.
There is no functionality in MONOPOLY Poker to transfer virtual items from one player to another.
We also prohibit 😄 any transfer, gift or trade of Virtual Items outside of MONOPOLY of Poker. You cannot transfer or resell Virtual Items, 😄 for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items 😄 may not be purchased or sold from any individual or other company via cash, gift, barter, transfer, trade, sale or 😄 any other transaction. This means that you cannot sublicense, gift, barter, transfer, trade, sell or attempt to sell Virtual Items 😄 for real world money, or exchange Virtual Items for commercial gain or value of any kind. This includes, without limitation, 😄 any such transfer or resell by means of any direct sale or auction service of your Account containing the Virtual 😄 Items. Any such transfer or attempted transfer will be considered void and will subject your Account to immediate termination.
In addition, 😄 all Virtual Items are unconditionally forfeited if your MONOPOLY of Poker account is terminated or suspended for any reason, in 😄 our sole reasonable discretion, or if we discontinue MONOPOLY of Poker or any portion or feature of MONOPOLY Poker.
We have 😄 no liability for hacking or loss of your Virtual Items. We have no obligation to, and will not, reimburse you 😄 for any Virtual Items lost due to your violation of these Terms of Use. We reserve the right, without prior 😄 notification, to limit the order quantity on any Virtual Items and/or to refuse to provide you with any Virtual Items. 😄 Price and availability of virtual items are subject to change without notice. YOU ACKNOWLEDGE THAT PLAYTIKA IS NOT REQUIRED FOR 😄 ANY REASON TO PROVIDE A REFUND, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS 😄 WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
The amounts of any Virtual Items in your MONOPOLY 😄 Poker account do not refer to any credit balance of real currency or any of its equivalents. Virtual Items have 😄 no monetary value and cannot be used to purchase or use products or services other than within MONOPOLY Poker. We 😄 do not offer a pay-out option for any Virtual Items, whether those Virtual Items were obtained for a fee or 😄 through playing the game, and Virtual Items cannot be refunded or exchanged for cash or any other tangible value. PURCHASE 😄 OF VIRTUAL ITEMS WILL BE IN ACCORDANCE WITH APPLICABLE CONSUMER LAWS AND IS ENTIRELY AT YOUR OWN RISK AND IS 😄 NON-REFUNDABLE AND NON-EXCHANGEABLE.
If tax law applicable to you and the Virtual Items you have in your Account imposes fees, levies 😄 or other taxes on you having paid for or having the Virtual Items in your account. In addition, to any 😄 Virtual Items, you may be charged for Internet connection, mobile fees and data usage charges when you play MONOPOLY Poker 😄 in accordance with the applicable rates charged by your respective third party mobile service internet or data usage service provider.
You 😄 agree that all sales of Virtual Items to you are final, and we have no obligation to refund any transaction 😄 once it has been made. You agree that when you purchase a Virtual Item, you request immediate performance – that 😄 is you request that Virtual Item to be delivered to you as soon as your order has been accepted. If 😄 you live in a county in the European Economic Area or in the United Kingdom, this means that you will 😄 lose your statutory right to withdraw from your purchase of a Virtual Item and the associated terms as soon as 😄 you access and use that Virtual Item. If, for any reason, you are refunded for a purchase of a Virtual 😄 Item, then we may also revoke your access to that Virtual Item. We may (i) refuse a request for a 😄 refund, (ii) suspend or cancel payment of a refund we have agreed to make, and (iii) revoke your access to 😄 a Virtual Item to which that refund relates, if we find evidence of fraud, abuse or other manipulative behaviour by 😄 you.
8. SUBSCRIPTION TERMS
Where Playtika offers a subscription to a recurring payment plan for Services including Virtual Items, you agree that 😄 by purchasing a subscription, you request immediate performance – that is you request us to commence the subscription as soon 😄 as your initial payment is processed. Your subscription will automatically renew in the time period selected by you without notice 😄 until you cancel. You authorize us to store your payment method and to automatically charge your payment method every time 😄 period you selected until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes 😄 every charging cycle upon renewal until you cancel.
Playtika may change your plan’s rate for the time period selected by you 😄 for the renewal term, and we will notify you of any rate change with the option to cancel. If the 😄 applicable taxes (or other included tax or duty) changes during your term, we will accordingly adjust the tax-inclusive price for 😄 your plan on your next billing date. We may also change the items or services included in your subscription in 😄 our sole discretion.
If your primary payment method fails we may suspend your subscription. You can edit your payment information anytime 😄 in the payment page settings.
Your payment method may be chargedR$1 (or another nominal charge) which will be refunded within 3-5 😄 business days. This charge is to validate your payment method only.
Cancellation Terms
You can cancel your subscription anytime in the Payments 😄 settings page of the applicable game. Your already processed payment is non-refundable, and your subscription service will continue until the 😄 end of that billing period.
Right of Withdrawal
If you live in a county in the European Economic Area or in the 😄 United Kingdom, then at any time within 14 days following your purchase of a subscription, you may withdraw from that 😄 purchase. This right of withdrawal will expire at the end of this 14 day period.
This right of withdrawal does not 😄 apply to renewals of an existing subscription and does not apply to the purchase of Virtual Items. To withdraw from 😄 a subscription, you must send a clear written communication of your decision before the end of the 14 day withdrawal 😄 period.
If you purchased the subscription through a third-party retailer (like Apple or Google), then you should send this communication to 😄 them and they will carry out this refund. You can request a refund from Apple (here) and you can request 😄 a refund form Google (here).
If you purchased the subscription directly from us, then you may send this communication to us 😄 at: Attn: Legal Team, Homerun Ciero S.R.L ,TN Offices 3 on the 1st, 2nd and 3rd floors, 165 Splaiul Unirii, 😄 Bucharest, Romania or by contacting customer support via the applicable support channel available in the game.
In either case, you may 😄 (but do not have to) use the following model form:
To Attn: Legal Team, Homerun Ciero S.R.L., TN Offices 3 on 😄 the 1st, 2nd and 3rd floors, 165 Splaiul Unirii, Bucharest, Romania OR [insert name and address of third party retailer]:
I/We 😄 hereby give notice that I/We withdraw from my/our contract for the purchase of the following services:*
- Ordered/ received on*:
- Name 😄 of consumer(s):
- Address of consumer(s):
- Signature of consumer(s): (only required if this form is notified on paper)
- Date:
(*) Delete where 😄 appropriate.
If you withdraw from the purchase of a subscription made directly through us, then within 14 days from the day 😄 on which we receive notice of your decision to withdraw, we will refund to you all payments received from you 😄 for that purchase.
We will refund you using the same means of payment as you used for the purchase, unless you 😄 have expressly agreed otherwise. We won't charge you any fees as a result of this refund.
When you purchase a subscription 😄 you request us to commence performance of the subscription immediately. It follows that if you withdraw from the purchase of 😄 a subscription, then you are only entitled to a refund that is proportionate to the period of the subscription you 😄 haven’t used. For example, if you have received the subscription for three days before your request to withdraw, you will 😄 be entitled to a refund for the full period of the subscription, minus a proportionate amount for those three days.
9. 😄 INTELLECTUAL PROPERTY RIGHTS
The Service, the Game, the App, the Content and the Company’s proprietary assets and any and all intellectual 😄 property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, 😄 sounds, animations, text,
, designs (including the “look and feel” of the Services) specifications, methods, procedures, information, know-how, algorithms, data, 😄 technical data, interactive features, source and object code, files, interface, trade secrets, whether or not registered or capable of being 😄 registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other 😄 intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Services are licensed hereunder, 😄 not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
To the extent 😄 you provide any feedbacks, comments or suggestions to Playtika regarding the Service (“Feedback”), Playtika shall have an-exclusive, royalty-free, fully paid 😄 up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Playtika current or future products, technologies or Services 😄 and use the Feedback for any purpose without further compensation to you and without your approval. You agree that all 😄 such Feedback shall be deemed to be non-confidential.
Furthermore, you warrant that your Feedback is not subject to any license terms 😄 that would purport to require Playtika to comply with any additional obligations with respect to any Playtika current or future 😄 products, technologies or services that incorporate any Feedback.
10. TRADEMARKS AND TRADE NAMES
“Playtika”, Playtika’ marks and logos and all other proprietary 😄 identifiers used by the Company in connection with the Services (“Company Trademarks”) are all trademarks and/or trade names of the 😄 Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Apps 😄 belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third 😄 Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you 😄 with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those 😄 marks, except as permitted herein.
11. DIRECT MARKETING AND ADVERTISEMENTS
Direct Marketing: Subject to applicable laws and where permissible, You hereby agree 😄 that we may use your contact details for the purpose of informing you regarding Game, Services and new features which 😄 may interest you, and to send to you advertisements and other marketing material, transmitted to the e-mail address you have 😄 provided.
You can cancel your subscription to our newsletter at any time over the corresponding link which appears at the end 😄 of every newsletter (or opt out through the in-game settings).
12. LINKS TO THIRD PARTY SITES
Certain links provided herein permit our 😄 Users to leave our Site and/or Service and enter non-Playtika sites or services. These linked sites and services are provided 😄 solely as a convenience to you. These linked sites and services are not under the control of Playtika and it 😄 is not responsible for the availability of such external sites or services, and does not endorse and is not responsible 😄 or liable for any content advertising, products or other information on or available from such linked sites and services or 😄 any link contained in linked sites or service. Your access to, use of and reliance upon any such sites, services 😄 and content and your dealings with such third parties are at your sole risk and expense. Playtika reserves the right 😄 to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or 😄 liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with 😄 use of or reliance on any services, content, products or other materials available on or through such linked sites or 😄 resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the 😄 use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in 😄 order to know what kind of information they are collecting.
13. USAGE RULES
In the event that you are using the Apps 😄 on a mobile device, the following Usage Rules apply to you: Since you are downloading the App from a third 😄 party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules 😄 which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage 😄 Rules are described below in Section 25, but other Usage Rules may apply and it is your responsibility to determine 😄 what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable 😄 Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. 😄 In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely 😄 to the Platform Provider’s representations, warranties, restrictions on use of the Services, obligations, limitation of liability and/or other provisions that 😄 impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent 😄 that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download 😄 and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the 😄 App is expressly prohibited.
14. AVAILABILITY
The Services availability and functionality depends on various factors, such as software, hardware and the Company’s 😄 service providers and contractors. The Company does not warrant or guarantee that the Service will operate at all times without 😄 disruption or interruption, or that it will be immune from unauthorized access or error-free.
15. TERMINATION OF YOUR ACCOUNT, CHANGES TO 😄 THE SERVICES AND UPDATING THE APPS
The Company reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, 😄 make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof), prevent Users from accessing 😄 the Services or temporarily or permanently limit, suspend or terminate your Account (including without limitation in the event that the 😄 User has not used his/her Account for 180 consecutive days), with or without notice, at any time. In addition, you 😄 hereby acknowledge that the Content provided under the Services may be changed, extended in terms of content and form or 😄 removed at any time without any notice to you. Note that you can lose your user name and password as 😄 a result of the Account termination or limitation, as well as any benefits and Virtual Items associated with your use 😄 of the Services and Playtika has no obligation to compensate you for such losses or results. You agree that Playtika 😄 shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services 😄 and/or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that 😄 may occur in connection with the performing of such changes.
If Playtika supplies any updates, upgrades and any new versions of 😄 the Apps (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the Apps with 😄 or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these 😄 are accompanied by a separate license agreement which will prevail, and all references herein to the Apps shall include such 😄 Updates. Playtika may require that you accept Updates. You may need to update third party software from time to time 😄 in order to receive the Service. Playtika has no obligation to provide any updates to the Apps.
16. AMENDMENTS TO THE 😄 TERMS
The Company may, at its sole discretion, change the Terms from time to time, including the privacy policy available at 😄 LINK: or any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we 😄 will make reasonable efforts to post a clear notice on the Apps and/or our Site and/or send you an e-mail 😄 to the e-mail address you provided us with. Such material changes will take effect at any time by posting the 😄 amended Playtika's Terms on or within the Service, and you agree to be bound by such revisions or modifications. All 😄 other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Services 😄 on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In 😄 the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, 😄 or as required by the law and without any prior notice.
17. DISCLAIMER AND WARRANTIES
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE 😄 SERVICE, THE CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, 😄 AND PLAYTIKA INCLUDING ITS VENDORS (INCLUDING THE APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND THE APPLICABLE PLATFORMS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, 😄 SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT 😄 LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND 😄 THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL 😄 LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT USE AND OPERATION OF THE SERVICES IS OR WILL 😄 BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM 😄 LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICES, (III) THE SERVICES WILL BE INTEROPERABLE OR 😄 COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING 😄 FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE 😄 RESULTS OF THE USE OF THE SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SERVICES (INCLUDING THAT THE RESULTS OF 😄 USING THE SERVICES WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE 😄 OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SERVICES, AND IS NOT 😄 AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE 😄 SERVICES.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANY 😄 PERSON OR ENTITY OTHER THAN PLAYTIKA.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM 😄 TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS 😄 OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
THE DOWNLOAD AND USE OF THE SERVICES, ANY IN-APP PURCHASES AND/OR OTHER PURCHASE 😄 OF PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL 😄 BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM
YOU 😄 AGREE THAT USE OF THE SERVICES AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
IN AS MUCH AS SOME JURISDICTIONS 😄 DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS 😄 MAY NOT APPLY.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL PLAYTIKA INCLUDING THE COVERED PARTIES 😄 BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES 😄 OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS 😄 OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SERVICES (INCLUDING ANY 😄 SERVICES MADE AVAILABLE THROUGH THE SERVICES), THE USER GENERATED CONTENT, YOUR USE OR INABILITY TO USE THE SERVICES, OR FAILURE 😄 OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT THE PERFORMANCE OR FAILURE OF PLAYTIKA TO 😄 PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF PLAYTIKA, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH 😄 OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER 😄 PLAYTIKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND 😄 TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, PLAYTIKA, ITS VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE 😄 LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE 😄 SERVICES OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO PLAYTIKA FOR USE 😄 OF THE SERVICES ORR$US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE 😄 PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO 😄 RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COVERED PARTIES. 😄 INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE 😄 ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY
19. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its vendors, officers, 😄 directors, employees, affiliates, subsidiaries, licensors, agents and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs, debts, and 😄 expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of , inability to use and/or 😄 activities in connection with the Services; (ii) your violation of any of these Terms; (iii) your violation of any third 😄 party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage 😄 of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the 😄 Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we 😄 reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to 😄 indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with 😄 us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without 😄 first obtaining our prior express written approval.
20. MISCONDUCT AGENT
We care for your safety. If you believe a User acted inappropriately 😄 including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities 😄 and to us. You may contact us to the following address: [email protected] or submit a ticket via the applicable 😄 support channel of the game.
Playtika has the sole discretion to restrict and/or terminate access to the Service to Users who 😄 are deemed to have acted inappropriately as specified above.
You must comply with all applicable export and sanction laws and regulations 😄 (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or 😄 materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services 😄 by any individual located in, under the control of, organized in, or a resident of any country or territory which 😄 is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea, Donetsk and 😄 Luhansk regions of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the 😄 Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon Playtika’s sole discretion due to local legislation 😄 requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% 😄 or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., 😄 E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.
21. TERMINATION OF THESE TERMS AND THE 😄 SERVICE OPERATION
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate 😄 your license, your Account and these Terms. If you object to any term hereof, as may be amended from time 😄 to time, or become dissatisfied with the Services, you may terminate these Terms and your Account at any time by, 😄 following the instructions available at our Site, or, as applicable, uninstalling our Apps and stopping your use of our Services 😄 and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in 😄 the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will 😄 automatically terminate, (ii) you must immediately cease all use of the Services, delete and destroy all copies of the App, 😄 as applicable, in your possession or control and so certify to Playtika if required by it, and (iii) Sections 3, 😄 5, 9, 10, 13, 14, 15, 16, 18 through 20, 23, and 24, will survive the termination of the Terms.
Playtika 😄 may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or 😄 permanently, delete any information provided through the use of the Service or correct, modify, amend, enhance, improve and make any 😄 other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. At such 😄 point your license to use the Services or part thereof may be terminated or suspended. You agree that Playtika does 😄 not assume any responsibility with respect to, or in connection with the termination of the Service operation and loss of 😄 any data and shall not be required to provide refunds, benefits or other compensation to Users in connection with such 😄 termination of the Service operation.
22. GENERAL
DISPUTE RESOLUTION, GOVERNING LAWS AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
PLEASE READ THE FOLLOWING 😄 SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PLAYTIKA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS 😄 THE MANNER IN WHICH YOU AND PLAYTIKA CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to these Terms, you and Playtika 😄 agree that any and all past, present and future disputes, claims or causes of action between you and Playtika arising 😄 out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you 😄 and Playtika or any of Playtika's licensors, distributors, suppliers or agents (including but not limited to any application store or 😄 platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this 😄 Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Playtika further agree that any arbitration pursuant 😄 to this Section shall not proceed as a class, group or representative action.
“Country of Residence” for purposes of this Section 😄 22 means the country in which you hold citizenship or legal permanent residence, as well as any country from which 😄 you regularly access and use the Service. If more than one country meets that definition for you, then your country 😄 of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country 😄 of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent 😄 or most frequent residence.
If your Country of Residence is in the European Economic Area, no provision in this Section 22 😄 shall exclude or restrict any of your statutory rights you may have as a consumer.
Governing Law.
(a.1) If your Country of 😄 Residence is the United States, these Terms, your use of the Service and our entire relationship, will be interpreted in 😄 accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles. The 😄 agreement to arbitrate contained in this Section 22, its scope and its enforcement shall also be governed by the United 😄 States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
(a.2) If your Country of Residence is not the United 😄 States these Terms, your use of the Service and our entire relationship, including the arbitration agreement contained in this Section 😄 22, will be interpreted in accordance with and governed by the laws of the State of Israel without regard to 😄 conflict- or choice-of-law principles.
(b) Informal Dispute Resolution. Playtika wants to address your concerns without needing a formal legal case. Before 😄 filing a claim against Playtika, you agree to try to resolve the Dispute informally by contacting [email protected]. Similarly, Playtika 😄 will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may 😄 possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting 😄 the Dispute is sent, you or Playtika may initiate an arbitration proceeding as described below.
(c) We Both Agree To Arbitrate. 😄 By agreeing to these Terms, you and Playtika each and both agree to resolve any Disputes through final and binding 😄 arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.
(d) Opt-out of Agreement to Arbitrate. 😄 You may decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms and 😄 stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to 😄 arbitrate, you will not be precluded from using the Service, but you and Playtika will not permitted to invoke the 😄 mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
(e) Arbitration Procedures and Fees.
(e.1) If your Country 😄 of Residence is the United States, you and Playtika agree that the American Arbitration Association (“AAA”) will administer the arbitration 😄 under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is 😄 sought. Those rules are available at adr. Arbitration will proceed on an individual basis and will be handled by a 😄 sole arbitrator in accordance with those rules. You and Playtika further agree that the arbitration will be held in New 😄 York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules 😄 will govern payment of all arbitration fees.
(e.2) If your Country of Residence is not the United States, you and Playtika 😄 agree that the Center of Arbitration and Dispute Resolution (israelcourts.co.il (“CADR”) will administer the arbitration, which shall be conducted in 😄 accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 😄 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance 😄 with those rules. You and Playtika further agree that the arbitration will be held in English and in Tel Aviv-Jaffa 😄 (Israel) , or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The 😄 CADR rules will govern payment of all arbitration fees.
(f) Arbitration Shall Proceed Individually. Regardless of your County of Residence or 😄 the rules of a given arbitration forum, you and Playtika agree that the arbitration of any Dispute shall proceed on 😄 an individual basis, and neither you nor Playtika may bring a claim as a part of a class, group, collective, 😄 coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative 😄 but not exhaustive example), a claim to resolve any Dispute against Playtika will be deemed a Collective Arbitration if (i) 😄 two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; 😄 and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of 😄 this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
(g) Class Action and 😄 Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR PLAYTIKA SHALL BE ENTITLED TO CONSOLIDATE, 😄 JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) 😄 OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN 😄 A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH 😄 ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE 😄 CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF THIS SUBSECTION 22(G) (CLASS ACTION AND 😄 COLLECTIVE ARBITRATION WAIVER) IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 22 😄 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON 😄 EITHER party's ELECTION.
(h) Exceptions to Agreement to Arbitrate. Notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika 😄 may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until 😄 an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to 😄 this Section 22 or to enforce any arbitral award issued hereunder. Additionally:
(h.1) If your Country of Residence is the United 😄 Kingdom or in the European Economic Area, notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika also 😄 may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. If 😄 your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered 😄 by the European Commission https://ec.europa.eu/consumers/odr/ . Please note that Playtika shall not be required to use this or any other 😄 alternative dispute resolution platform.
(h.2) If your Country of Residence is not the United States, the United Kingdom or in the 😄 European Economic Area, notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika may also assert claims, if 😄 they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence 😄 would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the 😄 equivalent in your Country of Residence.
(i) Judicial Forum for Disputes. Except as otherwise required by applicable law or provided in 😄 this Section 22, in the event that the agreement to arbitrate is found not to apply to you or your 😄 claim, you and Playtika agree that any judicial proceeding may only be brought in a court of competent jurisdiction in 😄 Tel Aviv-Jaffa, Israel. Both you and Playtika consent to venue and personal jurisdiction there.
23. PLATFORM PROVIDER ADDITIONAL TERMS
The following additional 😄 terms are required by applicable Platforms:
23.1 APPLE INC.
The following applies to you if you downloaded the App from the Apple 😄 App Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license 😄 to use the iTunes-Sourced Software on an iOS device that you own or control, (ii) these Terms are solely between 😄 you and Playtika, not Apple Inc. (“Apple”), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, 😄 (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in 😄 the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has 😄 no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any 😄 failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you 😄 the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple 😄 will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, 😄 costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and 😄 any law applicable to Playtika as provider of the App.
Playtika and you acknowledge that Playtika, and not Apple, is responsible 😄 for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: 😄 (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory 😄 requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third 😄 party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, Playtika, 😄 not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 😄 You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your 😄 acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce 😄 these Terms against you as a third party beneficiary thereof.
23.2 Google INC.
The following applies to you if you downloaded the 😄 App from the Google Play Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited 😄 to a non-transferable license to use Google Play Store on an Android device that you own or control, (ii) these 😄 Terms are solely between you and Playtika, not Google Inc. (“Google”), and that Google has no responsibility for the Google 😄 Play Store or content thereof, (iii) your use of the Google Play Store must comply with Usage Rules established by 😄 Google, including those set forth in the Google Play Store Terms of Service effective as of the date you enter 😄 into these Terms, and (iv) Google has no obligation whatsoever to furnish any maintenance and support services with respect to 😄 the Google Play Store.
In the event of any failure of the Google Play Store to conform to any applicable warranty, 😄 you may notify Google, and Google will refund you the purchase price you paid, if any, for the Google Play 😄 Store. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to 😄 the Google Play Store, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform 😄 to any warranty will be solely governed by these Terms and any law applicable to Playtika as provider of the 😄 App.
Playtika and you acknowledge that Playtika, and not Google, is responsible for addressing any claims relating to the Google Play 😄 Store or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that 😄 the Google Play Store fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer 😄 protection or similar legislation. You acknowledge that, in the event of any third party claim that the Google Play Store 😄 or your possession and use thereof infringes that third party’s intellectual property rights, Playtika, not Google, will be solely responsible 😄 for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Google, 😄 and Google’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google will 😄 have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a 😄 third party beneficiary thereof.
24. INFORMATION, SUPPORT OR QUESTIONS:
Playtika will make reasonable efforts to provide you with technical and product support 😄 for the Apps and/or Games. For information, support or questions, you may contact us to the following address: [email protected] 😄 or submit a ticket via the applicable support channel of the game.
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