Terms of Use
Last Updated: March 19, 2024
Preamble
These Terms of Use (“Agreement”, “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and PLAYCENT GAMES LIMITED, a limited company registered under the laws of Cyprus and having its registered address at 3rd floor, Andrea Kariolou 38, Ayios Athanasios, CY 4102, Limassol, Cyprus, including its affiliates (if any), which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership (hereinafter “we”, “us”, “PlaycentGames”), concerning your access to and use of the PlaycentGames website and/or its mobile applications or connected tv channels. By using or visiting https://playcentgames.com (hereinafter this “Website”) or any other PlaycentGames website, mobile apps, connected tv channel , including any game and/or software (collectively, “PlaycentGames Services” or “Services”), BY ACCESSING OR USING PLAYCENTGAMES’S SERVICES YOU HEREBY EXPRESSLY AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BOTH THESE TERMS OF USE(the “Terms of Use”) AND THE TERMS AND CONDITIONS OF PLAYCENTGAMES’ PRIVACY NOTICE, WHICH ARE PUBLISHED AT https://playcentgames.com/privacy-policy/ (“Privacy Policy”), AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the PlaycentGames Services.
THE PLAYCENTGAMES SERVICES ARE STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE PLAYCENTGAMES SERVICES DO 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 PLAYCENTGAMES SERVICES, AND NO ACTUAL MONEY IS REQUIRED TO PLAY, EVEN THOUGH THE PLAYCENTGAMES SERVICES MAY OFFER THE OPPORTUNITY TO PURCHASE CERTAIN VIRTUAL ITEMS.
1. Services provided by PlaycentGames
These Terms of Use apply to all users of the PlaycentGames Services, including users who may be also providers of any information (video or text content etc.), and other materials or services provided to us. The PlaycentGames Services may contain links to third party websites that are not owned or controlled by PlaycentGames. PlaycentGames has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PlaycentGames will not and cannot censor or edit the content of any third-party site. By using PlaycentGames Services, you expressly relieve PlaycentGames from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the PlaycentGames Services and to read the terms and conditions and privacy policy of each other website or application that you visit.
2. Permission to use services
PlaycentGames hereby grants you a permission to use PlaycentGames Services as set forth in these Terms of Use, provided that: (i) your use of the PlaycentGames Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the PlaycentGames Servies in any way without PlaycentGames’ prior written authorization; (iii) you will not alter or modify any part of the PlaycentGames Services other than as may be reasonably necessary to use the PlaycentGames Services for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. In order to access some features of the PlaycentGames Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PlaycentGames immediately of any breach of security or unauthorized use of your account. You may be liable for the losses of PlaycentGames or others caused by any unauthorized use of your account. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses PlaycentGames Services including PlaycentGames Website in a manner that sends more request messages to the PlaycentGames servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from PlaycentGames Services, also not to use the communication systems provided by the PlaycentGames Services for any commercial solicitation purposes.
3. Game Virtual Items
There is never any requirement to make any purchase of any kind to use the Services. The Services may include an opportunity to earn or purchase virtual items, including but not limited to virtual coins, points, credits, bonuses and/or chips all for use in the game (“Virtual Items”). Virtual Items are licensed to you by us for your use through the Services, subject to the limitations set in these Terms.
If you wish to purchase Virtual Items, you will be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items do not have an equivalent “real world” money value and can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from us or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any our game, whether “awarded” in a game or “purchased” from us, or any other attributes associated with an account or stored on the Services. Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in our sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside the Services, or attempt to sell, give or trade in the “real world” anything that appears or originates in the Services unless otherwise expressly authorized by us in writing. We won’t recognize those transfers as legitimate.
Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without our written permission. Doing so is a violation of these Terms and may result in termination of your account and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. We retain the right to manage, regulate, control, modify and/or eliminate Virtual Items at our sole discretion, and PlaycentGames shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, we may selectively remove or revoke Virtual Items associated with your account upon our sole discretion.
Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased through means of the applicable store platform, website or otherwise expressly authorized provider. We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason or revise the pricing for the Virtual Items at any time.
Virtual Items purchased in our games on applications stores or platforms such as but not limited to Roku TV, Amazon TV, Apple iOS, or Android will be subject to those platforms’ payment terms and conditions. PlaycentGames does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms’ terms of service for additional information.
Purchases and payments will be processed through third-party applications stores or platforms, and the processing of such payments, refunds, accuracy of payment methods, and related matters are governed by the policies of such third-party applications stores or platforms making PlaycentGames Services available to users.
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.
4. Intellectual Property Rights
The content on the PlaycentGames Services, including without limitation, the text, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to PlaycentGames, subject to copyright and other intellectual property rights under the applicable laws. Content on the PlaycentGames Services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PlaycentGames reserves all rights not expressly granted in and to the Website, PlaycentGames Services and the Content. You agree not to circumvent, disable or otherwise interfere with security related features of the PlaycentGames Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PlaycentGames Services or the Content therein.
5. Disclaimers
YOU AGREE THAT YOUR USE OF THE PLAYCENTGAMES SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PLAYCENTGAMES AND ITS PARENT CORPORATION OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, SERVICESAND YOUR USE THEREOF. PLAYCENTGAMES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES, OR APPLICATIONS LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLAYCENTGAMES SERVICES. PLAYCENTGAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLAYCENTGAMES WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PLAYCENTGAMES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
6. Limitation of Liability
IN NO EVENT SHALL PLAYCENTGAMES AND ITS PARENT CORPORATION OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF PLAYCENTGAMES SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PLAYCENTGAMES SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH PLAYCENTGAMES SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PLAYCENTGAMES SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PLAYCENTGAMES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7. Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website or PlaycentGames Services; (ii) your violation and/or breach of any term of this Agreement; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Website or PlaycentGames Services (including your violation of any third party rights). YOU AND PLAYCENTGAMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLAYCENTGAMES SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
8. Legal age to accept these Terms
For all PlaycentGames Services, you may not use the Services if you are under 18 years of age, in which case you must not create an account, access, use or download applications, channels and/ or submit any personal information through the Services or to us. At our sole discretion, we may require proof that you meet this requirement for age in connection with use of the Services. Failure to comply with this condition will result in the closing of your account and the loss of all Virtual Items acquired through your use of the Services. You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under 18 years of age, then please do not use the PlaycentGames Services.
9. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlaycentGames without prior notice to you.
10. Term and Termination
10.1 This Agreement shall remain in full force and effect while you use the Website, PlaycentGames Services. You may terminate your use or participation at any time, for any reason, by not using the Website, PlaycentGames Services.
10.2 Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website and the PlaycentGames Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation.
We may refuse access to the PlaycentGames Services or may limit, suspend, modify, delete or terminate your account without notice for any reason, including, but not limited to, a suspected violation of the Terms, of the terms of other application stores or platforms (such as but not limited to Amazon, Roku, Apple or Google), illegal or improper use of your account, or illegal or improper use of the Services or our intellectual property as determined by us in our sole discretion. You may lose your user name, password and all related information and files associated with your account, as a result of account termination, without responsibility on the part of us for any damage that may result from the foregoing, and we are under no obligation to compensate you for any such losses or results. If you have more than one account, we may terminate all of your accounts.
WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT support@playcentgames.com .
10.3 If we determine, in our sole discretion, that your use of the Website, PlaycentGames Services are in breach of these Termsor of any applicable law or regulation, we may terminate your use or participation in the Website and the Services or delete any content or information posted at any time, without warning, in our sole discretion.
11. Miscellaneous
Visiting the Website, PlaycentGames Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, mobile/CTV applications satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Website, PlaycentGames Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. These Terms of Use shall be governed by the laws of Cyprus, without respect to its conflict of laws principles. Any claim or dispute between you and PlaycentGames that arises in whole or in part from the PlaycentGames services shall be decided exclusively by applicable court located in Cyprus. These Terms of Use, together with the Privacy Policy and other legal documents/notices (if any) published by PlaycentGames on this Website or PlaycentGames Services, shall constitute the entire agreement between you and PlaycentGames concerning the PlaycentGames Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PlaycentGames’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the PlaycentGames Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance.
We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PlaycentGames, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond PlaycentGames’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
PlaycentGames reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the PlaycentGames Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You and PlaycentGames agree that any cause of action arising out of or related to the PlaycentGames Services must commence within one year after the cause of action accrues, otherwise, such cause of action is permanently barred.
If you have questions or comments regarding these Terms or the PlaycentGames Services or to receive further information regarding use of the PlaycentGames Services, please contact us by email at support@playcentgames.com with copy to legal@playcentgames.com .