TERMS OF USE
LAST REVISED: December 1st, 2024
The Terms of Service ("Terms") you are reading are a legally binding agreement that9️⃣ governs the relationship between Playtika, as defined above and yourself ("you") and your use of the Game on the web,9️⃣ mobile or any other applicable platforms and/or devices (the “Service” or “Services”).
Please review the Terms carefully. They include a provision9️⃣ waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual9️⃣ arbitration unless you opt-out within the specified time frame.
BY ACCESSING OR USING PLAYTIKA’S SERVICE AND ACCEPTING THESE TERMS, YOU AGREE9️⃣ THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE9️⃣ TERMS, DO NOT USE THE SERVICE.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY9️⃣ GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE9️⃣ WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY, EVEN THOUGH THE SERVICE9️⃣ MAY OFFER THE OPPORTUNITY TO PURCHASE CERTAIN VIRTUAL ITEMS.
MONOPOLY Poker ( hereinafter also referred to as “the Game”) is a9️⃣ social casino game, and not a real money poker game. With MONOPOLY Poker there is no pay-out for virtual currency9️⃣ that you have in-game; not if you won it through playing and not if you bought it with real money9️⃣ (in-app purchase and otherwise) If you buy in-game currency, that is money you spend to participate in playing the game,9️⃣ including for rounds and for cosmetic items such as outfits. I
It also means that with MONOPOLY Poker, the in-game currency9️⃣ cannot be sold or traded. In-game, there is no possibility to do this. If you sell or trade and transfer9️⃣ in-game currency (your account) outside of the game, and we learn about it, we will suspend that account. These rules9️⃣ are explained in more detail below under ‘Virtual Items, optional payment’
Playtika LTD and its subsidiaries and affiliates (“Playtika”, “Company” or9️⃣ “we”) welcome you (“User”, “Player” or “you”) to MONOPOLY Poker Multiplayer The Game is offered and/or can be played, if9️⃣ and whenever applicable, via (i) web and / or (ii) installable applications for desktop and or (iii) installable applications for9️⃣ mobile app stores, hereinafter collectively referred to as “Platforms”. Examples of Platforms are Facebook, Steam, app stores of Google, Apple9️⃣ and Amazon / Kindle. You can find additional information about this under section 3.
Users may use the Service, as well9️⃣ be defined under section 2, in accordance with the terms and conditions hereunder.
1. ACCEPTANCE OF THE TERMS
By connecting to, using,9️⃣ participating in, accessing and/or playing our Game (as such term is defined below) and/or installing our Apps (as such term9️⃣ is defined below) on your mobile device, and/or by creating an Account (as such term is defined below) you acknowledge9️⃣ that you have read and understood the following terms of use including the terms of the Privacy Policy available at9️⃣ LINK (the “Privacy Policy”) and you agree to be bound by them and to comply with all applicable laws and9️⃣ regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract9️⃣ between Playtika and you. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT INSTALL THE APP, DO NOT9️⃣ CONNECT TO, ACCESS OR USE ANY OF THE APP AND GAME. PROMPTLY ERASE THE APP FROM YOUR MOBILE DEVICE AND9️⃣ PERSONAL COMPUTER AND DO NOT ENTER TO, CONNECT TO, ACCESS OR USE ANY OF OUR SERVICES.
The Game is available only9️⃣ to individuals who (a) are at least twenty one (21) years old (see Section 5 below); and (b) possess the9️⃣ legal capacity to enter into these Terms and to form a binding agreement under any applicable law. Therefore, you hereby9️⃣ represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any9️⃣ applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.
2. THE SERVICES
We9️⃣ offer the Game through Platforms. We also offer Users the ability to purchase with real money virtual goods, virtual currency,9️⃣ tokens or virtual prizes within the Game (“Virtual Items”), as such term is further detailed below. (Collectively hereinafter referred to9️⃣ as the “Services”)
The Game and the use thereof is free of charge. Players have the option of purchasing from us9️⃣ with real money or “earning” Virtual Items.
Players may earn Virtual Items by winning the Game against other Players or the9️⃣ computer. If a Game is won in accordance with the Game Rules, the total amount of Virtual Items will be9️⃣ credited to the Account (as such term is defined below) of the winning Player. The Players are informed about the9️⃣ results of a Game, and whether they have won a prize within the Game. Playtika reserves the right to correct9️⃣ results in retrospect or to declare results void, if the result of a Game was caused by a technical default9️⃣ or a Player’s fraudulent behavior.
Players may earn Virtual Items by winning the Game against other Players or the computer. If9️⃣ a Game is won in accordance with the Game Rules, the total amount of Virtual Items will be credited to9️⃣ the Account (as such term is defined below) of the winning Player. The Players are informed about the results of9️⃣ a Game, and whether they have won a prize within the Game. Playtika reserves the right to correct results in9️⃣ retrospect or to declare results void, if the result of a Game was caused by a technical default or a9️⃣ Player’s fraudulent behavior.
To be able to access and/or use the Service, or any portion thereof, User must legally obtain all9️⃣ the applicable or required utilities and equipment (such as PC, smart phones, Internet connection) at his/her sole risk and expense.9️⃣ Please note that the Apps may only be available for certain operating systems (such as iOS, Android, Microsoft Windows). The9️⃣ User may only download and use the Apps on a device running validly licensed copies of the operating systems on9️⃣ which the Apps were designed to operate.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES ARE PROVIDED “AS IS”. PLAYTIKA WILL NOT9️⃣ BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN9️⃣ CONNECTION WITH YOUR USE OF THE SERVICES. ANY VIOLATION OF THESE TERMS ENTITLES PLAYTIKA TO IMMEDIATELY TERMINATE USERS ACCOUNT WITHOUT9️⃣ NOTICE. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
3. HOW TO PLAY THE GAME
Use and registration for9️⃣ the Services is entirely free of charge.
The different Platforms offer Users different ways to play the Game such as by9️⃣ registering, using your log-in credentials from a third-party platform like Facebook, Steam or playing the Game as a guest (“Guest9️⃣ Player”) with just a registration of the player name.
IOS AND/OR ANDROID PLATFORMS:
The User can play the Game on the iOS9️⃣ and/or Android platforms by using his/her existing Facebook account, with their MONOPOLY Poker login, alternatively as a Guest Player.
STEAM PLATFORM
The9️⃣ User can play the Game on Steam platform only through his/her existing Steam Account. Valve Corporation offers Steam platform.
You must9️⃣ safeguard and not disclose your Account username and password and you must supervise the use of such Account. A Player9️⃣ may not sublicense, sell or otherwise transfer his/her Account and/or sell any Virtual Items associated with such Account to a9️⃣ third party. You must provide accurate and complete information when creating an Account and you agree not to misrepresent your9️⃣ identity or your Account information or open an Account using a false identity or incorrect information, or on behalf of9️⃣ someone other than yourself. You agree to keep your Account information up to date and accurate. You are solely and9️⃣ fully responsible for any activities that occur under your Account.
If for any reason you wish to modify your Account registration9️⃣ information you may do so through the “Edit Details” tab within the Service. If you wish to terminate your Account9️⃣ you can contact us at: Your Account will terminate within a reasonable timeframe following your request, and from the date9️⃣ of termination you will no longer be able to access your Account. You must remove all contents of the Services9️⃣ immediately once you request to terminate your Account.
Note that you shall monitor your Account and restrict use by minors, and9️⃣ you will deny access to minors under the age of 21years old. You accept full responsibility for any unauthorized use9️⃣ of the Service by minors in connection with your Account. You are responsible for any use by minors of your9️⃣ credit card or other payment instrument.
Players will immediately inform Playtika as soon as they gain knowledge that any unauthorized use9️⃣ has been made of his/her Account. Playtika recommends that, for security reasons, passwords should be changed regularly.
YOU AGREE THAT YOU9️⃣ SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU ACKNOWLEDGE THAT ALL RIGHTS IN AND TO9️⃣ AN ACCOUNT ARE AND SHALL BE OWNED BY PLAYTIKA. YOUR ACCOUNT WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE YOUR REQUEST9️⃣ TO DEACTIVATE OR DELETE IT OR IN THE EVENT THAT THE COMPANY DECIDES TO TEMPORARILY OR PERMANENTLY LIMIT, SUSPEND OR9️⃣ TERMINATE YOUR ACCOUNT (AS FURTHER DETAILED BELOW). NEVERTHELESS, WE RESERVE THE RIGHT TO TERMINATE AN ACCOUNT THAT HAS BEEN INACTIVE9️⃣ FOR AT LEAST 180 CONSECUTIVE DAYS. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN9️⃣ ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. USE RESTRICTIONS
There are certain conducts which are strictly prohibited when9️⃣ using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein9️⃣ may result (at Playtika’ sole discretion) in the termination of your access to the Services and/or may expose a User9️⃣ to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (a) use the Services for9️⃣ any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Services and/or your Account and/or the Content (as such term9️⃣ is defined below) for non-personal or commercial purposes (including without limitation communicating or facilitating any commercial advertisement or solicitation and/or9️⃣ gathering or transferring Virtual Items for sale); (c) fail to pay any fees (to the extent applicable); (d) interfere with9️⃣ or violate Users’ rights to privacy and other rights, or harvest, post, solicit or collect personally identifiable information about Users9️⃣ without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application,9️⃣ or use other manual or automatic device, process or method to access the Services and retrieve, index and/or data-mine information;9️⃣ (e) interfere with or disrupt the operation of the Services or the servers or networks that host the Services, or9️⃣ disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (f) falsely state or9️⃣ otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site,9️⃣ your business or any statement you make, or present false or inaccurate information about the Services; (g) take any action9️⃣ that imposes, or may impose an unreasonable or disproportionately large load on our platform infrastructure as determine by us; (h)9️⃣ bypass any measures we may use to prevent or restrict access to the Services; (i) copy, modify, alter, adapt, make9️⃣ available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made accessible by Playtika on or through9️⃣ the Services, including any information, videos, text, graphics, software programs used by Playtika in connection with the Services, materials, descriptions,9️⃣ data obtained from or through the Services (collectively, the “Content”), or publicly display, reproduce, create derivative works from, perform, distribute,9️⃣ or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available9️⃣ to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend,9️⃣ process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject9️⃣ to Playtika’ proprietary rights, including Playtika’ s Intellectual Property (as such term is defined below), in any way or by9️⃣ any means, unless expressly permitted in the Terms; (k) make any use of the Content on any other site or9️⃣ networked computer environment for any purpose, or replicate or copy the Content without Playtika’ prior written consent; (l) create a9️⃣ browser or border environment around Playtika Content (no frames or inline linking is allowed); (m) sell, license, or exploit for9️⃣ any commercial purposes any use of or access to the Services and/or Content; (n) frame or mirror any part of9️⃣ the Services without Playtika’ prior express written authorization; (o) create a database by systematically downloading and storing all or any9️⃣ of the Content from the Services; (p) transmit or otherwise make available in connection with the Services any virus, worm,9️⃣ Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended9️⃣ to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful,9️⃣ disruptive, or invasive code or component; and/or transmit unauthorized communications through the Service, including spam and any materials that promote9️⃣ spyware, malware and downloadable items; (q) access or use an Account or Virtual Items that have been sublicensed, sold or9️⃣ otherwise transferred from the original Account; a (r) remove or disassociate, from the Content and/or the Services any copyright, trademark9️⃣ or other proprietary notices contained in such materials (such as ©,™, or ®); (s) engage in any act that Playtika9️⃣ deems to be in conflict with the spirit or intent of the Service, inter alia, circumvent or manipulate the Terms;9️⃣ (t) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere9️⃣ with the Service or use the Service in order to design or assist in the design of cheats or any9️⃣ other unauthorized third party software designed to modify or interfere with the Service; (u) attempt to gain unauthorized access to9️⃣ the Service and/or Accounts registered to others or to the computers, servers, or networks connected to the Service by any9️⃣ means other than the user interface provided by Playtika; (v) perform in-game services in exchange for payment outside the Service9️⃣ (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, you9️⃣ must be at least twenty one (21) years old. In the event that it comes to our knowledge that a9️⃣ person under the age of twenty one (21) years old is using our Services, we have the right to prohibit9️⃣ and block such User from accessing the Services and will make all efforts to promptly delete any Personal Data we9️⃣ have on such User.
6. LICENSE
Subject to your agreement and continuing compliance with these Terms, Playtika hereby grants to you, and9️⃣ you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use the Game solely9️⃣ for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms,9️⃣ the applicable Usage Rules (defined below) and applicable law.
The Terms do not convey to you an interest in or to9️⃣ the Company’s Intellectual Property but only a limited revocable right to use the Service in accordance with the Terms. Nothing9️⃣ in the Terms constitutes a waiver of the Company’s Intellectual Property rights under any law.
7. VIRTUAL ITEMS / OPTIONAL PAYMENT
When9️⃣ you play MONOPOLY Poker, you can license a variety of Virtual Items such as virtual goods (cosmetic items such as9️⃣ hats and pins), virtual chips, and virtual currency (“Virtual Items”) and use these in the game.
You can always play MONOPOLY9️⃣ Poker for free and get virtual items by playing the game.
You can also pay a fee to obtain Virtual Items.9️⃣ You can pay through an in-app purchase. Virtual Items are not available for a fee in all countries.
Note that you9️⃣ do not in fact “own” the Virtual Items, and you do not have any property interest in the Virtual Items.9️⃣ Any purchase of virtual items, and Virtual Items accumulated while playing MONOPOLY Poker or through any subscription, are purchases of9️⃣ a limited, non-transferable, revocable license to use those Virtual Items within MONOPOLY Poker
You can only use the Virtual Items when9️⃣ playing MONOPOLY Poker.
There is no functionality in MONOPOLY Poker to transfer virtual items from one player to another.
We also prohibit9️⃣ any transfer, gift or trade of Virtual Items outside of MONOPOLY of Poker. You cannot transfer or resell Virtual Items,9️⃣ for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items9️⃣ may not be purchased or sold from any individual or other company via cash, gift, barter, transfer, trade, sale or9️⃣ any other transaction. This means that you cannot sublicense, gift, barter, transfer, trade, sell or attempt to sell Virtual Items9️⃣ for real world money, or exchange Virtual Items for commercial gain or value of any kind. This includes, without limitation,9️⃣ any such transfer or resell by means of any direct sale or auction service of your Account containing the Virtual9️⃣ Items. Any such transfer or attempted transfer will be considered void and will subject your Account to immediate termination.
In addition,9️⃣ all Virtual Items are unconditionally forfeited if your MONOPOLY of Poker account is terminated or suspended for any reason, in9️⃣ our sole reasonable discretion, or if we discontinue MONOPOLY of Poker or any portion or feature of MONOPOLY Poker.
We have9️⃣ no liability for hacking or loss of your Virtual Items. We have no obligation to, and will not, reimburse you9️⃣ for any Virtual Items lost due to your violation of these Terms of Use. We reserve the right, without prior9️⃣ notification, to limit the order quantity on any Virtual Items and/or to refuse to provide you with any Virtual Items.9️⃣ Price and availability of virtual items are subject to change without notice. YOU ACKNOWLEDGE THAT PLAYTIKA IS NOT REQUIRED FOR9️⃣ ANY REASON TO PROVIDE A REFUND, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS9️⃣ WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
The amounts of any Virtual Items in your MONOPOLY9️⃣ Poker account do not refer to any credit balance of real currency or any of its equivalents. Virtual Items have9️⃣ no monetary value and cannot be used to purchase or use products or services other than within MONOPOLY Poker. We9️⃣ do not offer a pay-out option for any Virtual Items, whether those Virtual Items were obtained for a fee or9️⃣ through playing the game, and Virtual Items cannot be refunded or exchanged for cash or any other tangible value. PURCHASE9️⃣ OF VIRTUAL ITEMS WILL BE IN ACCORDANCE WITH APPLICABLE CONSUMER LAWS AND IS ENTIRELY AT YOUR OWN RISK AND IS9️⃣ NON-REFUNDABLE AND NON-EXCHANGEABLE.
If tax law applicable to you and the Virtual Items you have in your Account imposes fees, levies9️⃣ or other taxes on you having paid for or having the Virtual Items in your account. In addition, to any9️⃣ Virtual Items, you may be charged for Internet connection, mobile fees and data usage charges when you play MONOPOLY Poker9️⃣ in accordance with the applicable rates charged by your respective third party mobile service internet or data usage service provider.
You9️⃣ agree that all sales of Virtual Items to you are final, and we have no obligation to refund any transaction9️⃣ once it has been made. You agree that when you purchase a Virtual Item, you request immediate performance – that9️⃣ is you request that Virtual Item to be delivered to you as soon as your order has been accepted. If9️⃣ you live in a county in the European Economic Area or in the United Kingdom, this means that you will9️⃣ lose your statutory right to withdraw from your purchase of a Virtual Item and the associated terms as soon as9️⃣ you access and use that Virtual Item. If, for any reason, you are refunded for a purchase of a Virtual9️⃣ Item, then we may also revoke your access to that Virtual Item. We may (i) refuse a request for a9️⃣ refund, (ii) suspend or cancel payment of a refund we have agreed to make, and (iii) revoke your access to9️⃣ a Virtual Item to which that refund relates, if we find evidence of fraud, abuse or other manipulative behaviour by9️⃣ you.
8. SUBSCRIPTION TERMS
Where Playtika offers a subscription to a recurring payment plan for Services including Virtual Items, you agree that9️⃣ by purchasing a subscription, you request immediate performance – that is you request us to commence the subscription as soon9️⃣ as your initial payment is processed. Your subscription will automatically renew in the time period selected by you without notice9️⃣ until you cancel. You authorize us to store your payment method and to automatically charge your payment method every time9️⃣ period you selected until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes9️⃣ every charging cycle upon renewal until you cancel.
Playtika may change your plan’s rate for the time period selected by you9️⃣ for the renewal term, and we will notify you of any rate change with the option to cancel. If the9️⃣ applicable taxes (or other included tax or duty) changes during your term, we will accordingly adjust the tax-inclusive price for9️⃣ your plan on your next billing date. We may also change the items or services included in your subscription in9️⃣ our sole discretion.
If your primary payment method fails we may suspend your subscription. You can edit your payment information anytime9️⃣ in the payment page settings.
Your payment method may be chargedR$1 (or another nominal charge) which will be refunded within 3-59️⃣ business days. This charge is to validate your payment method only.
Cancellation Terms
You can cancel your subscription anytime in the Payments9️⃣ settings page of the applicable game. Your already processed payment is non-refundable, and your subscription service will continue until the9️⃣ end of that billing period.
Right of Withdrawal
If you live in a county in the European Economic Area or in the9️⃣ United Kingdom, then at any time within 14 days following your purchase of a subscription, you may withdraw from that9️⃣ purchase. This right of withdrawal will expire at the end of this 14 day period.
This right of withdrawal does not9️⃣ apply to renewals of an existing subscription and does not apply to the purchase of Virtual Items. To withdraw from9️⃣ a subscription, you must send a clear written communication of your decision before the end of the 14 day withdrawal9️⃣ period.
If you purchased the subscription through a third-party retailer (like Apple or Google), then you should send this communication to9️⃣ them and they will carry out this refund. You can request a refund from Apple (here) and you can request9️⃣ a refund form Google (here).
If you purchased the subscription directly from us, then you may send this communication to us9️⃣ at: Attn: Legal Team, Homerun Ciero S.R.L ,TN Offices 3 on the 1st, 2nd and 3rd floors, 165 Splaiul Unirii,9️⃣ Bucharest, Romania or by contacting customer support via the applicable support channel available in the game.
In either case, you may9️⃣ (but do not have to) use the following model form:
To Attn: Legal Team, Homerun Ciero S.R.L., TN Offices 3 on9️⃣ the 1st, 2nd and 3rd floors, 165 Splaiul Unirii, Bucharest, Romania OR [insert name and address of third party retailer]:
I/We9️⃣ hereby give notice that I/We withdraw from my/our contract for the purchase of the following services:*
- Ordered/ received on*:
- Name9️⃣ of consumer(s):
- Address of consumer(s):
- Signature of consumer(s): (only required if this form is notified on paper)
- Date:
(*) Delete where9️⃣ appropriate.
If you withdraw from the purchase of a subscription made directly through us, then within 14 days from the day9️⃣ on which we receive notice of your decision to withdraw, we will refund to you all payments received from you9️⃣ for that purchase.
We will refund you using the same means of payment as you used for the purchase, unless you9️⃣ have expressly agreed otherwise. We won't charge you any fees as a result of this refund.
When you purchase a subscription9️⃣ you request us to commence performance of the subscription immediately. It follows that if you withdraw from the purchase of9️⃣ a subscription, then you are only entitled to a refund that is proportionate to the period of the subscription you9️⃣ haven’t used. For example, if you have received the subscription for three days before your request to withdraw, you will9️⃣ be entitled to a refund for the full period of the subscription, minus a proportionate amount for those three days.
9.9️⃣ INTELLECTUAL PROPERTY RIGHTS
The Service, the Game, the App, the Content and the Company’s proprietary assets and any and all intellectual9️⃣ property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics,9️⃣ sounds, animations, text,
, designs (including the “look and feel” of the Services) specifications, methods, procedures, information, know-how, algorithms, data,9️⃣ technical data, interactive features, source and object code, files, interface, trade secrets, whether or not registered or capable of being9️⃣ registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other9️⃣ intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Services are licensed hereunder,9️⃣ not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
To the extent9️⃣ you provide any feedbacks, comments or suggestions to Playtika regarding the Service (“Feedback”), Playtika shall have an-exclusive, royalty-free, fully paid9️⃣ up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Playtika current or future products, technologies or Services9️⃣ and use the Feedback for any purpose without further compensation to you and without your approval. You agree that all9️⃣ such Feedback shall be deemed to be non-confidential.
Furthermore, you warrant that your Feedback is not subject to any license terms9️⃣ that would purport to require Playtika to comply with any additional obligations with respect to any Playtika current or future9️⃣ products, technologies or services that incorporate any Feedback.
10. TRADEMARKS AND TRADE NAMES
“Playtika”, Playtika’ marks and logos and all other proprietary9️⃣ identifiers used by the Company in connection with the Services (“Company Trademarks”) are all trademarks and/or trade names of the9️⃣ Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Apps9️⃣ belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third9️⃣ Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you9️⃣ with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those9️⃣ marks, except as permitted herein.
11. DIRECT MARKETING AND ADVERTISEMENTS
Direct Marketing: Subject to applicable laws and where permissible, You hereby agree9️⃣ that we may use your contact details for the purpose of informing you regarding Game, Services and new features which9️⃣ may interest you, and to send to you advertisements and other marketing material, transmitted to the e-mail address you have9️⃣ provided.
You can cancel your subscription to our newsletter at any time over the corresponding link which appears at the end9️⃣ of every newsletter (or opt out through the in-game settings).
12. LINKS TO THIRD PARTY SITES
Certain links provided herein permit our9️⃣ Users to leave our Site and/or Service and enter non-Playtika sites or services. These linked sites and services are provided9️⃣ solely as a convenience to you. These linked sites and services are not under the control of Playtika and it9️⃣ is not responsible for the availability of such external sites or services, and does not endorse and is not responsible9️⃣ or liable for any content advertising, products or other information on or available from such linked sites and services or9️⃣ any link contained in linked sites or service. Your access to, use of and reliance upon any such sites, services9️⃣ and content and your dealings with such third parties are at your sole risk and expense. Playtika reserves the right9️⃣ to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or9️⃣ liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with9️⃣ use of or reliance on any services, content, products or other materials available on or through such linked sites or9️⃣ resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the9️⃣ use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in9️⃣ order to know what kind of information they are collecting.
13. USAGE RULES
In the event that you are using the Apps9️⃣ on a mobile device, the following Usage Rules apply to you: Since you are downloading the App from a third9️⃣ party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules9️⃣ which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage9️⃣ Rules are described below in Section 25, but other Usage Rules may apply and it is your responsibility to determine9️⃣ what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable9️⃣ Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference.9️⃣ In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely9️⃣ to the Platform Provider’s representations, warranties, restrictions on use of the Services, obligations, limitation of liability and/or other provisions that9️⃣ impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent9️⃣ that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download9️⃣ and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the9️⃣ App is expressly prohibited.
14. AVAILABILITY
The Services availability and functionality depends on various factors, such as software, hardware and the Company’s9️⃣ service providers and contractors. The Company does not warrant or guarantee that the Service will operate at all times without9️⃣ disruption or interruption, or that it will be immune from unauthorized access or error-free.
15. TERMINATION OF YOUR ACCOUNT, CHANGES TO9️⃣ THE SERVICES AND UPDATING THE APPS
The Company reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve,9️⃣ make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof), prevent Users from accessing9️⃣ the Services or temporarily or permanently limit, suspend or terminate your Account (including without limitation in the event that the9️⃣ User has not used his/her Account for 180 consecutive days), with or without notice, at any time. In addition, you9️⃣ hereby acknowledge that the Content provided under the Services may be changed, extended in terms of content and form or9️⃣ removed at any time without any notice to you. Note that you can lose your user name and password as9️⃣ a result of the Account termination or limitation, as well as any benefits and Virtual Items associated with your use9️⃣ of the Services and Playtika has no obligation to compensate you for such losses or results. You agree that Playtika9️⃣ shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services9️⃣ and/or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that9️⃣ may occur in connection with the performing of such changes.
If Playtika supplies any updates, upgrades and any new versions of9️⃣ the Apps (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the Apps with9️⃣ or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these9️⃣ are accompanied by a separate license agreement which will prevail, and all references herein to the Apps shall include such9️⃣ Updates. Playtika may require that you accept Updates. You may need to update third party software from time to time9️⃣ in order to receive the Service. Playtika has no obligation to provide any updates to the Apps.
16. AMENDMENTS TO THE9️⃣ TERMS
The Company may, at its sole discretion, change the Terms from time to time, including the privacy policy available at9️⃣ LINK: or any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we9️⃣ will make reasonable efforts to post a clear notice on the Apps and/or our Site and/or send you an e-mail9️⃣ to the e-mail address you provided us with. Such material changes will take effect at any time by posting the9️⃣ amended Playtika's Terms on or within the Service, and you agree to be bound by such revisions or modifications. All9️⃣ other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Services9️⃣ on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In9️⃣ the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately,9️⃣ or as required by the law and without any prior notice.
17. DISCLAIMER AND WARRANTIES
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE9️⃣ SERVICE, THE CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS,9️⃣ AND PLAYTIKA INCLUDING ITS VENDORS (INCLUDING THE APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND THE APPLICABLE PLATFORMS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,9️⃣ SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT9️⃣ LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND9️⃣ THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL9️⃣ LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT USE AND OPERATION OF THE SERVICES IS OR WILL9️⃣ BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM9️⃣ LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICES, (III) THE SERVICES WILL BE INTEROPERABLE OR9️⃣ COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING9️⃣ FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE9️⃣ RESULTS OF THE USE OF THE SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SERVICES (INCLUDING THAT THE RESULTS OF9️⃣ USING THE SERVICES WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE9️⃣ OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SERVICES, AND IS NOT9️⃣ AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE9️⃣ SERVICES.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANY9️⃣ PERSON OR ENTITY OTHER THAN PLAYTIKA.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM9️⃣ TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS9️⃣ OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
THE DOWNLOAD AND USE OF THE SERVICES, ANY IN-APP PURCHASES AND/OR OTHER PURCHASE9️⃣ OF PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL9️⃣ BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM
YOU9️⃣ AGREE THAT USE OF THE SERVICES AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
IN AS MUCH AS SOME JURISDICTIONS9️⃣ DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS9️⃣ MAY NOT APPLY.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL PLAYTIKA INCLUDING THE COVERED PARTIES9️⃣ BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES9️⃣ OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS9️⃣ OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SERVICES (INCLUDING ANY9️⃣ SERVICES MADE AVAILABLE THROUGH THE SERVICES), THE USER GENERATED CONTENT, YOUR USE OR INABILITY TO USE THE SERVICES, OR FAILURE9️⃣ OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT THE PERFORMANCE OR FAILURE OF PLAYTIKA TO9️⃣ PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF PLAYTIKA, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH9️⃣ OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER9️⃣ PLAYTIKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND9️⃣ TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, PLAYTIKA, ITS VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE9️⃣ LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE9️⃣ SERVICES OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO PLAYTIKA FOR USE9️⃣ OF THE SERVICES ORR$US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE9️⃣ PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO9️⃣ RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COVERED PARTIES.9️⃣ INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE9️⃣ ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY
19. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its vendors, officers,9️⃣ directors, employees, affiliates, subsidiaries, licensors, agents and suppliers, from and against all claims, damages, obligations, losses, liabilities, costs, debts, and9️⃣ expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of , inability to use and/or9️⃣ activities in connection with the Services; (ii) your violation of any of these Terms; (iii) your violation of any third9️⃣ party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage9️⃣ of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the9️⃣ Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we9️⃣ reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to9️⃣ indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with9️⃣ us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without9️⃣ first obtaining our prior express written approval.
20. MISCONDUCT AGENT
We care for your safety. If you believe a User acted inappropriately9️⃣ including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities9️⃣ and to us. You may contact us to the following address: [email protected] or submit a ticket via the applicable9️⃣ support channel of the game.
Playtika has the sole discretion to restrict and/or terminate access to the Service to Users who9️⃣ are deemed to have acted inappropriately as specified above.
You must comply with all applicable export and sanction laws and regulations9️⃣ (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or9️⃣ materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services9️⃣ by any individual located in, under the control of, organized in, or a resident of any country or territory which9️⃣ is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea, Donetsk and9️⃣ Luhansk regions of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the9️⃣ Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon Playtika’s sole discretion due to local legislation9️⃣ requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50%9️⃣ or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S.,9️⃣ E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.
21. TERMINATION OF THESE TERMS AND THE9️⃣ SERVICE OPERATION
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate9️⃣ your license, your Account and these Terms. If you object to any term hereof, as may be amended from time9️⃣ to time, or become dissatisfied with the Services, you may terminate these Terms and your Account at any time by,9️⃣ following the instructions available at our Site, or, as applicable, uninstalling our Apps and stopping your use of our Services9️⃣ and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in9️⃣ the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will9️⃣ automatically terminate, (ii) you must immediately cease all use of the Services, delete and destroy all copies of the App,9️⃣ as applicable, in your possession or control and so certify to Playtika if required by it, and (iii) Sections 3,9️⃣ 5, 9, 10, 13, 14, 15, 16, 18 through 20, 23, and 24, will survive the termination of the Terms.
Playtika9️⃣ may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or9️⃣ permanently, delete any information provided through the use of the Service or correct, modify, amend, enhance, improve and make any9️⃣ other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. At such9️⃣ point your license to use the Services or part thereof may be terminated or suspended. You agree that Playtika does9️⃣ not assume any responsibility with respect to, or in connection with the termination of the Service operation and loss of9️⃣ any data and shall not be required to provide refunds, benefits or other compensation to Users in connection with such9️⃣ termination of the Service operation.
22. GENERAL
DISPUTE RESOLUTION, GOVERNING LAWS AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
PLEASE READ THE FOLLOWING9️⃣ SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PLAYTIKA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS9️⃣ THE MANNER IN WHICH YOU AND PLAYTIKA CAN SEEK RELIEF FROM EACH OTHER.
By agreeing to these Terms, you and Playtika9️⃣ agree that any and all past, present and future disputes, claims or causes of action between you and Playtika arising9️⃣ out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you9️⃣ and Playtika or any of Playtika's licensors, distributors, suppliers or agents (including but not limited to any application store or9️⃣ platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this9️⃣ Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Playtika further agree that any arbitration pursuant9️⃣ to this Section shall not proceed as a class, group or representative action.
“Country of Residence” for purposes of this Section9️⃣ 22 means the country in which you hold citizenship or legal permanent residence, as well as any country from which9️⃣ you regularly access and use the Service. If more than one country meets that definition for you, then your country9️⃣ of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country9️⃣ of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent9️⃣ or most frequent residence.
If your Country of Residence is in the European Economic Area, no provision in this Section 229️⃣ shall exclude or restrict any of your statutory rights you may have as a consumer.
Governing Law.
(a.1) If your Country of9️⃣ Residence is the United States, these Terms, your use of the Service and our entire relationship, will be interpreted in9️⃣ accordance with and governed by the laws of the State of Israel without regard to conflict- or choice-of-law principles. The9️⃣ agreement to arbitrate contained in this Section 22, its scope and its enforcement shall also be governed by the United9️⃣ States Federal Arbitration Act without regard to conflict- or choice-of-law principles.
(a.2) If your Country of Residence is not the United9️⃣ States these Terms, your use of the Service and our entire relationship, including the arbitration agreement contained in this Section9️⃣ 22, will be interpreted in accordance with and governed by the laws of the State of Israel without regard to9️⃣ conflict- or choice-of-law principles.
(b) Informal Dispute Resolution. Playtika wants to address your concerns without needing a formal legal case. Before9️⃣ filing a claim against Playtika, you agree to try to resolve the Dispute informally by contacting [email protected]. Similarly, Playtika9️⃣ will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may9️⃣ possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting9️⃣ the Dispute is sent, you or Playtika may initiate an arbitration proceeding as described below.
(c) We Both Agree To Arbitrate.9️⃣ By agreeing to these Terms, you and Playtika each and both agree to resolve any Disputes through final and binding9️⃣ arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.
(d) Opt-out of Agreement to Arbitrate.9️⃣ You may decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms and9️⃣ stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to9️⃣ arbitrate, you will not be precluded from using the Service, but you and Playtika will not permitted to invoke the9️⃣ mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
(e) Arbitration Procedures and Fees.
(e.1) If your Country9️⃣ of Residence is the United States, you and Playtika agree that the American Arbitration Association (“AAA”) will administer the arbitration9️⃣ under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is9️⃣ sought. Those rules are available at adr. Arbitration will proceed on an individual basis and will be handled by a9️⃣ sole arbitrator in accordance with those rules. You and Playtika further agree that the arbitration will be held in New9️⃣ York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules9️⃣ will govern payment of all arbitration fees.
(e.2) If your Country of Residence is not the United States, you and Playtika9️⃣ agree that the Center of Arbitration and Dispute Resolution (israelcourts.co.il (“CADR”) will administer the arbitration, which shall be conducted in9️⃣ accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law,9️⃣ 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance9️⃣ with those rules. You and Playtika further agree that the arbitration will be held in English and in Tel Aviv-Jaffa9️⃣ (Israel) , or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The9️⃣ CADR rules will govern payment of all arbitration fees.
(f) Arbitration Shall Proceed Individually. Regardless of your County of Residence or9️⃣ the rules of a given arbitration forum, you and Playtika agree that the arbitration of any Dispute shall proceed on9️⃣ an individual basis, and neither you nor Playtika may bring a claim as a part of a class, group, collective,9️⃣ coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing (and as an illustrative9️⃣ but not exhaustive example), a claim to resolve any Dispute against Playtika will be deemed a Collective Arbitration if (i)9️⃣ two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants;9️⃣ and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of9️⃣ this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
(g) Class Action and9️⃣ Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR PLAYTIKA SHALL BE ENTITLED TO CONSOLIDATE,9️⃣ JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE)9️⃣ OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN9️⃣ A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH9️⃣ ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE9️⃣ CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF THIS SUBSECTION 22(G) (CLASS ACTION AND9️⃣ COLLECTIVE ARBITRATION WAIVER) IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 229️⃣ (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON9️⃣ EITHER party's ELECTION.
(h) Exceptions to Agreement to Arbitrate. Notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika9️⃣ may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until9️⃣ an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to9️⃣ this Section 22 or to enforce any arbitral award issued hereunder. Additionally:
(h.1) If your Country of Residence is the United9️⃣ Kingdom or in the European Economic Area, notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika also9️⃣ may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. If9️⃣ your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered9️⃣ by the European Commission https://ec.europa.eu/consumers/odr/ . Please note that Playtika shall not be required to use this or any other9️⃣ alternative dispute resolution platform.
(h.2) If your Country of Residence is not the United States, the United Kingdom or in the9️⃣ European Economic Area, notwithstanding your and Playtika’s agreement to arbitrate Disputes, either you or Playtika may also assert claims, if9️⃣ they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence9️⃣ would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the9️⃣ equivalent in your Country of Residence.
(i) Judicial Forum for Disputes. Except as otherwise required by applicable law or provided in9️⃣ this Section 22, in the event that the agreement to arbitrate is found not to apply to you or your9️⃣ claim, you and Playtika agree that any judicial proceeding may only be brought in a court of competent jurisdiction in9️⃣ Tel Aviv-Jaffa, Israel. Both you and Playtika consent to venue and personal jurisdiction there.
23. PLATFORM PROVIDER ADDITIONAL TERMS
The following additional9️⃣ terms are required by applicable Platforms:
23.1 APPLE INC.
The following applies to you if you downloaded the App from the Apple9️⃣ App Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license9️⃣ to use the iTunes-Sourced Software on an iOS device that you own or control, (ii) these Terms are solely between9️⃣ you and Playtika, not Apple Inc. (“Apple”), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof,9️⃣ (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in9️⃣ the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has9️⃣ no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any9️⃣ failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you9️⃣ the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple9️⃣ will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages,9️⃣ costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and9️⃣ any law applicable to Playtika as provider of the App.
Playtika and you acknowledge that Playtika, and not Apple, is responsible9️⃣ for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to:9️⃣ (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory9️⃣ requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third9️⃣ party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, Playtika,9️⃣ not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.9️⃣ You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your9️⃣ acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce9️⃣ these Terms against you as a third party beneficiary thereof.
23.2 Google INC.
The following applies to you if you downloaded the9️⃣ App from the Google Play Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited9️⃣ to a non-transferable license to use Google Play Store on an Android device that you own or control, (ii) these9️⃣ Terms are solely between you and Playtika, not Google Inc. (“Google”), and that Google has no responsibility for the Google9️⃣ Play Store or content thereof, (iii) your use of the Google Play Store must comply with Usage Rules established by9️⃣ Google, including those set forth in the Google Play Store Terms of Service effective as of the date you enter9️⃣ into these Terms, and (iv) Google has no obligation whatsoever to furnish any maintenance and support services with respect to9️⃣ the Google Play Store.
In the event of any failure of the Google Play Store to conform to any applicable warranty,9️⃣ you may notify Google, and Google will refund you the purchase price you paid, if any, for the Google Play9️⃣ Store. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to9️⃣ the Google Play Store, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform9️⃣ to any warranty will be solely governed by these Terms and any law applicable to Playtika as provider of the9️⃣ App.
Playtika and you acknowledge that Playtika, and not Google, is responsible for addressing any claims relating to the Google Play9️⃣ Store or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that9️⃣ the Google Play Store fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer9️⃣ protection or similar legislation. You acknowledge that, in the event of any third party claim that the Google Play Store9️⃣ or your possession and use thereof infringes that third party’s intellectual property rights, Playtika, not Google, will be solely responsible9️⃣ for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Google,9️⃣ and Google’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google will9️⃣ have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a9️⃣ third party beneficiary thereof.
24. INFORMATION, SUPPORT OR QUESTIONS:
Playtika will make reasonable efforts to provide you with technical and product support9️⃣ for the Apps and/or Games. For information, support or questions, you may contact us to the following address: [email protected]9️⃣ or submit a ticket via the applicable support channel of the game.
