These Terms apply if you are a consumer or a Business User (as defined below) accessing the Playdemic Service (as defined below). Please note that if you wish to buy digital content, our Terms of Purchase here also apply.
PLEASE READ THESE TERMS CAREFULLY—THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND, INCLUDE CERTAIN WAIVERS OF RIGHTS, LIMITATIONS OF LIABILITY, AND, FOR BUSINESS USERS ONLY, CERTAIN INDEMNITIES FROM YOU TO US.
Welcome and thank you for using a service provided by Playdemic Limited (a company registered in England with company number 07106742) located at 98 Theobald’s Road, London, WC1X 8WB, or its subsidiaries or affiliates (“Playdemic”, “we,” “us”, or “our”). These Terms are a legally binding agreement between you and Playdemic and govern your use of the
Parts of the Playdemic Service may be subject to Additional Terms. Such Additional Terms may be with a different Playdemic entity. When Additional Terms are made available in connection with any aspect of the Playdemic Service, those Additional Terms also apply to your use of that aspect of the Playdemic Service and control, to the extent of a conflict with, these Terms.
1.1 We reserve the right, in our sole discretion, to modify these Terms for necessary operational, security, legal or regulatory reasons (including applicable Additional Terms) and the Playdemic Service from time to time. You agree that we may notify you of changes to the Terms, policies and Playdemic Service by posting them on the Playdemic Service, with such changes taking effect 30 days after such notification.
1.2 During such 30 day notice period you may contact us to end your use of the Playdemic Service on the date the changes take effect. If you continue to use the Playdemic Service after such 30 day period (and, if you have purchased goods, paid-for services or digital content and do not exercise your applicable cancellation rights after such 30 day period), you agree that your continued use of the Playdemic Service (and, if you have purchased paid-for services or digital content, your continued use of them) after such notice constitutes your agreement to the modified Terms and policies, which will govern your ongoing use of the Playdemic Service. You may end your use of the Playdemic Service by deleting the app, and your deletion of the app will be sufficient for the purposes of contacting us under this Section 1.2.
1.3 In any event, please take a moment to review the posted Terms and applicable Additional Terms each time you use the Playdemic Service.
3.1 Playdemic grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable licence to access, view, and use the Playdemic Service for your own, internal use solely as provided by these Terms and any Additional Terms that may also apply and as expressly permitted by the features and functionality of the Playdemic Service, subject to your compliance with these Terms and all applicable Additional Terms. The Playdemic Service may allow you to view, preview, select, stream, and access certain content, including but not limited to video, audio, graphics, photos, and text (collectively, “Content ”). Such use may be limited (for example, to supported devices or by number of simultaneous streams per account; by geographic region; by time window; by subscription level; or otherwise, and access will require your use of an approved device with sufficient connectivity).
3.2 The Playdemic Service and Content are protected by copyrights, trade marks, service marks, or other intellectual property rights that are owned by Playdemic or its licensors. Playdemic respects the intellectual property rights of others and asks that you do the same. Any unauthorized use of Content or any other aspect of the Playdemic Service, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and Playdemic reserves the right to fully prosecute such violations and enforce its rights to the fullest extent of the law, including seeking both civil and criminal penalties. The licence granted to you herein shall automatically and immediately terminate if your conduct in relation to the Playdemic Service is illegal, in which case you must cease to use the Playdemic Service. If your conduct is not illegal but you repeatedly breach these Terms, Playdemic reserves the right to terminate the licence granted to you herein and obliges you to cease all use of the Playdemic Service and Content. Any authorization to copy material granted by Playdemic in any part of the Playdemic Service for any reason is restricted to viewing a single copy for your own internal use only, unless otherwise specified, and is subject to your keeping intact all copyright, trade mark, and other proprietary notices.
3.3 No aspect of the Playdemic Service constitutes legal, financial, medical, or other category of professional advice.
You may be required or permitted to create user accounts (each an “ Account”) in order to access or use certain aspects of the Playdemic Service. If you open an Account or otherwise access the Playdemic Service on behalf of a company, organisation, or other entity (a “ Business User”), then you represent and warrant that you have the authority to also bind the Business User to these Terms, and hereby do so, and both you and the Business User will be responsible for any breach of these Terms. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself or an applicable Business User and not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete.
4.2.1 If Playdemic reasonably believes the information you provide is not correct, current, or complete, or that you have otherwise violated these Terms or any applicable law, Playdemic reserves the right to investigate any actual or suspected violation of these Terms and, in its reasonable discretion, to suspend or terminate your Account and refuse you access to your Account, the Playdemic Service, or the Content (or any portion thereof). You agree that Playdemic may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take legal action against you, respond to requests for information regarding your Account or use of the Playdemic Service from law enforcement or other appropriate authorities, or otherwise take action to protect our rights and the rights of any third party.
If you are a Business User: By accepting these Terms, you waive any claims resulting, directly or indirectly, from any action taken by Playdemic during or as a result of these investigations.
4.2.2 We reserve the right to discontinue or temporarily suspend any or all of the Playdemic Service as necessary for operational, security, legal or regulatory reasons or if for any reason beyond our reasonable control we are unable to provide the Playdemic Service. The Service is a free service and Playdemic reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily by giving you 30 days’ prior notification (and you agree such notification may be posted on the Playdemic Service), after which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Playdemic shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. If you are a consumer, nothing in these Terms or the Additional Terms affects your statutory rights.
You are solely responsible for all charges from your wireless and internet providers including any data and messaging fees that you may incur if you use mobile devices to interact with the Playdemic Service or to receive communications from Playdemic.
Playdemic may make certain mobile software applications (“ Apps”) available for download in connection with the Playdemic Service. You may only use Apps on approved devices, for your own internal use. You are not permitted to modify, transfer, or distribute any Apps. Playdemic does not guarantee that the Apps will be compatible with your device. Playdemic may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time; such updates may be automatic, at your election, or mandatory if you wish to continue using the Apps, at Playdemic’s reasonable discretion.
The additional terms in this Section 5.3 apply only to your use of Apps downloaded through Apple Inc.’s iTunes App Store, Google Inc.’s Google Play App Store, Amazon’s App Store or Facebooks’ App Centre (“App Stores”). You agree that these Terms are solely between you and Playdemic, not the operators of the App Stores, and that the App Store operators are not responsible for Apps or their content. App Store operators have no obligation whatsoever to furnish any maintenance or support services in connection with Apps. You will not involve App Store operators in any claims relating to your use of the App, or in any third-party claims alleging infringement of intellectual property rights by the App. You agree to comply with all third-party agreements in connection with your use of this App (for example, your wireless provider agreement). Finally, you agree that App Store operators, and their subsidiaries, are third party beneficiaries of the agreement formed by these Terms solely for the purpose of enforcing the applicable terms against you in connection with your use of the App.
6.1 The Playdemic Service may feature fictional credits, items, rewards, points, currency, or the like (collectively, “ Virtual Items”). The Virtual Items may be used exclusively within the Playdemic Service. You receive only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable licence to use the Virtual Items in connection with the Playdemic Service and as governed by these Terms. You have no right, title, interest, or ownership in or to any Virtual Items. Virtual Items have no monetary value and are not redeemable for any sum of money.
6.2 Virtual Items are governed by the applicable Terms of Purchase (here) in addition to this section 6. Please note in particular that if we delivered the Virtual Item to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. By purchasing or earning a licence to any Virtual Items through the Playdemic Service, including by clicking or tapping the relevant purchase button, you confirm that you want said items credited to your Account and in so doing you acknowledge that you will lose your 14 day cooling-off right to cancel the Virtual Item.
6.3 Any unauthorized transferring, trading, selling or exchanging of any Virtual Items to anyone, including other users of the Playdemic Service, is strictly prohibited. Playdemic may take action it reasonably deems appropriate in response, including suspension of any Account involved. You acknowledge and agree that Playdemic will have no liability for the use or loss of Virtual Items due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized activity. Playdemic may replace any lost Virtual Items under certain circumstances, in our sole reasonable discretion and on a case-by-case basis, without incurring any obligation or liability.
8.1 From time to time, certain aspects of the Playdemic Service may invite or otherwise allow you to submit or post a variety of content to the Playdemic Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Playdemic Service or through a Third Party Service (collectively, “ User Content”). Your User Content remains your own, unless as otherwise may be provided in Additional Terms. Please be aware, however, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Playdemic Service (either directly or through a Third Party Service) you grant Playdemic a royalty-free, perpetual, non-exclusive, sublicensable, assignable, unrestricted, worldwide licence to use the User Content, together with all consents or waivers including a waiver of moral rights in favour of Playdemic (if any) necessary to reproduce, distribute, publicly perform, publicly display, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person.
8.2 Please retain copies of all User Content as Playdemic is under no obligation to store or return any User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. Playdemic only acts as a passive conduit for User Content that appears on the Playdemic Service, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. Playdemic is under no obligation to monitor User Content or use of the Playdemic Service. However, Playdemic has the right to monitor and moderate User Content, in our sole reasonable discretion, and to enforce our, or a third party’s, intellectual property rights in any User Content. Playdemic reserves the right to discard or remove User Content from the Playdemic Service in our sole reasonable discretion and without any liability whatsoever.
8.3 You agree the following as to your User Content:
8.3.1 You have obtained the consent of every identifiable individual featured in your User Content (or, in the case of minors, consent of the minor’s parent or guardian) to use that person’s name, voice, or likeness (as applicable) in connection with the Playdemic Service and pursuant to these Terms.
8.3.2 Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trade marks.
8.3.3 Your User Content, as used in connection with the Playdemic Service, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party privacy or data protection rights.
8.3.2 Playdemic may exercise the rights to your User Content granted herein without being required to make any payment to you including, by way of example, payment of royalties, residuals, guild fees, or the like, to you or any third party.
You agree that you will not use the Playdemic Service to upload, post, or otherwise distribute any User Content that:
In using the Playdemic Service you also agree not to:
Please be aware that Playdemic does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, or other potential creative content (“Unsolicited Submissions”). This is to avoid the possibility of future misunderstanding when projects developed by Playdemic staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. Therefore, please do not send Playdemic any Unsolicited Submissions. In the event you do send us an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any fiduciary relationship between you and Playdemic and that we are under no obligation to refrain from using the Unsolicited Submission (in whole or in part), to keep it confidential, or to compensate you for our use of it.
Playdemic makes no representation that every aspect of the Playdemic Service is appropriate or available for use in any particular jurisdiction.
The following terms apply to your use of the Playdemic Service
12.1 Due to factors such as the provision of the Playdemic Service being via the Internet, Playdemic does not warrant that the Playdemic Service will be available, uninterrupted, secure, or error-free, or that the Playdemic Service or the services that make the Playdemic Service available are free of viruses or other harmful components.
12.2 If you are a consumer: nothing in these terms affects your statutory rights.
12.3 If you are a Business User:
(i) Playdemic does not warrant or make any representations regarding the use or the results of the use of the Playdemic Service, information, software, content, or other materials available through the Playdemic Service, or any website, app, platform, or service linked to the Playdemic Service, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality security, or otherwise;
(ii) Playdemic assumes no liability or responsibility for errors or omissions in such services, information, software, content, or other materials available through the Playdemic Service, or any other website, app, platform or service linked to the Playdemic Service;
(iii) Playdemic makes no warranties that your use of the Playdemic Service, information, software, content, or other materials available through the Playdemic Service or any website, app, or service linked to the Playdemic Service will not infringe the rights of others; and
(iv) nothing in these Terms creates any new implied warranties with respect to the Playdemic Service.
13.1.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time that we entered into these Terms, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.1.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so . This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at section 8 of the Terms of Purchase.
13.1.3 We are not responsible for your use of, or inability to use, the Playdemic Service except where we breach your legal rights in relation to digital content (as summarised in the Terms of Purchase).
13.1.4 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable: (i) for damage which you could have avoided by following our advice to apply an updated offered to you free of charge or (ii) for damage which was caused by you failing to correctly follow installation instructions or have in place the minimum requirements advised by us.
13.1.5 We are not responsible for business losses. If you are a consumer we only supply the Playdemic Service to you for domestic and private use. If you use the Playdemic Service for any commercial, business or resale purpose, our liability to you will be limited as set out in section 13.2.
13.2.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; or for fraud or fraudulent misrepresentation.
13.2.2 Subject to section 13.2.1, except where explicitly stated otherwise in applicable Additional Terms, in no event will Playdemic’s aggregate liability to you in connection with the Playdemic Service or these Terms exceed the greater of the amount (if any) paid by you to Playdemic in the six months immediately preceding the event giving rise to the claim or £100. The exclusions and limitations in this section apply to all actions, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, regardless of the basis upon which liability is claimed and even if Playdemic has been advised of the possibility of such loss or damage.
13.2.3 Subject to 13.2.1, Playdemic does not accept any liability for any of the following losses arising from your use or inability to use the Playdemic Service: loss of profits, loss of business opportunity, business interruption, loss of anticipated savings, or loss or goodwill or reputation, loss or damage which is punitive, incidental, special, exemplary, arising from or related to these terms, or your use of or inability to use the Playdemic Service, or indirect or consequential damage.
You agree to indemnify and hold harmless Playdemic and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the " Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, incurred by the Indemnified Parties and arising out of any third party claim, whether actual or threatened brought or made against any of the Indemnified Parties, resulting from your act or omission relating to: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Playdemic Service; (iii) your placement or transmission of any User Content onto the Playdemic Service; (iv) any use of your Account in violation of these Terms or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.
If a dispute arises between you and us, and you are a:
(i) Business User: you agree to first provide us with notice of your complaint via email to firstname.lastname@example.org so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received; or
(ii) Consumer: you may contact us via email to email@example.com so that we may attempt to resolve the dispute informally. In addition, please note that if you are habitually resident in the European Union, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
(i) If you are a consumer purchasing digital content, please note that Part B (in particular section 6.2) of the Terms of Purchase (here) instead applies in relation to events outside our control.
(ii) Playdemic will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.
No failure or delay by either of us in exercising our rights under these Terms will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.
If any part of a provision of these Terms is held unlawful, void, or for any reason unenforceable, then that part of the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
The titles of the sections of these Terms are for convenience of reference only and are not to be considered in construing these Terms. Unless the context of these Terms clearly requires otherwise: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) “or” has the inclusive meaning “x” or “y” or both “x” and “y”; (c) ”including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;” and (e) references to “hereunder,” “herein,” or “hereof” relate to these Terms as a whole. Any reference in these Terms to any statute, rule, regulation, or agreement, including these Terms, will be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.
If you believe that any User Content or other material on the Playdemic Service infringes your copyright rights, please forward the following information in writing to us at the address listed below:
The above information must be submitted to us at the following address:
Attention: Business & Legal Affairs
98 Theobald’s Road
London WC1X 8WB
If we are notified that any User Content infringes another’s intellectual property rights, we may remove such User Content. We have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms once or on a repeated basis.
We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at firstname.lastname@example.org. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable.
You may contact us at the addresses specified herein for specific requests, or contact Customer Service with general inquiries. Please do not send us any Unsolicited Submissions (as discussed in section 10 above).
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS, PLEASE DO NOT ACCESS OR USE THE PLAYDEMIC SERVICE.
Last updated: 28 August 2019