PLAYGENES TERMS OF SERVICE

Updated Date: 25th of November, 2019

These Terms of Service is a legal agreement between you and P.D. Playgenes International Limited (“PLAYGENES” or “company” or “we” or “us” or “ours”) for the use of the Zombies vs Balls, Tesla Jump, Golden Farm, Diamond Quest and Diamonds Time: Match 3 Game applications, the website (http://www.playgenes.com/), the servers used by the application, the computer files stored on such servers, and all related services, features and content offered by the company (collectively the “Service” or “Apps”).

1. ACCEPTANCE OF TERMS

By creating an account or accessing or using or installing the Service, you acknowledge that you accept and agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. If you access the Service from a Social Networking Site (“SNS”), such as Facebook, you shall comply with their terms of service/use as well as these Terms of Service and Privacy Policy.

2. REGISTRATION AND ELIGIBILITY

To use the Service, you may be required to create or update an account and will be asked to provide certain personal information. These information will be held and used in accordance with our Privacy Policy at http://www.playgenes.com/docs/privacy_policy_en.html. You agree that you will supply accurate and complete information to us, and that you will update that information accordingly.

To create an account and access the service you must be at least 13 years old. If you are under 18, your parent or guardian must review and accept the terms of this Agreement and by using the App you confirm that your parent or guardian (i) has so reviewed and accepted this Agreement and (ii) is responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.

3. YOUR USE OF THE SERVICE

The Service supports only one Account per game on a supported device. Therefore, you may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information").

Any information (including personal data, chats, messages, photos) you share in any online community area or online discussion is by design open to the public and is not private. You should think carefully before posting any personal data in any public forum. What you post can be seen, disclosed to, or collected by third parties (i.e. other players or users) and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. The company and its licensors are not responsible for the consequences of any communications in the public areas.

You are responsible for all of your activity in connection with the Services and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and YOU AGREE THAT:

- You shall not purchase, sell, rent or give away your account, create an account using a false identity or information, or on behalf of someone other than yourself;

- You shall not use the service if you have previously been removed by PLAYGENES, or previously been banned from playing any PLAYGENES game.

- You shall use your account only for non-commercial purposes; and

- You shall not use the service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

4. CHILDREN’S PRIVACY

We do not knowingly collect or solicit personal data about or direct or target interest-based advertising to anyone under the age of 13 or knowingly allow such persons to use our services. If you are under 13, please do not send any data about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal data. If we learn that we have collected personal data about a child under the age of 13, we will delete that data as quickly as possible. If you believe that we might have any data from, or about a child under the age of 13, please contact us.

PLAYGENES SERVICES AND APPS FO NOT INCITE, INDUCE OR OTHERWISE PROMOTE ANY VIOLENT OR SEXUAL OR ETHICAL BEHAVIOR OR ACTIVITY AMONG MINORS AND DOES NOT DIRECT THE CONTENT OF COMMUNICATION TO ANY PARTICULAR PERSON. ALL INFORMATION PROVIDED WITHIN THE SERVICE OR APPS IS FOR ENTERTAINMENT PURPOSES ONLY.

5. OWNERSHIP AND LICENSE LIMITATIONS

5.1.Ownership rights

All rights, title and interest in and to the Account and Service, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service are solely owned by PLAYGENES.

All virtual goods or currency appearing or generated by PLAYGENES game, whether earned through a game or purchased from PLAYGENES, or any other attributes associated with an account or stored on the Service are solely owned by PLAYGENES.

5.2.License Limitations

PLAYGENES grants you a non-exclusive, non-transferable, non-sublicensable, revocable and non-exclusive license to access and use the Service for your own non-commercial entertainment purposes. Any use of the Service in violation of these License Limitations may result in the immediate revocation of your access and use and may subject you to legal liabilities.

YOU AGREE THAT YOU WILL NOT:

- Engage in any act that conflicts with the purpose and terms of the service or make improper use of PLAYGENES’s support services;

- Use or take part (directly or indirectly) in the use of cheats, exploitation, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;

- Modify or cause modification to any files that are part of the Service without PLAYGENES’s written consent;

- Interfere with or affect the normal flow of the Service or any computer or server (“Server”) that support the service or other users’ experience and accounts when using the Service; including win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service;

- Post any information that is abusive, threatening, defamatory, libelous, racially or sexually or religiously offensive, or engage in by repeatedly posting information on an unsolicited basis, including PLAYGENES’s employees and customer service representatives;

- Make available through the service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including PLAYGENES’s employees;

- Collect or post anyone’s private information, including personal and financial identifiable information.

WITHOUT LIMITING ANY OTHER REMEDIES, WE RESERVE THE RIGHT TO LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR PLAYGENES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND ACTIVITIES IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND PLAYGENES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WE MAY ALSO LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH OUR TERMS OR POLICIES.

PLAYGENES RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

5.3.User’s License Rights

You hereby grant to PLAYGENES an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, license, sublicense, transfer, transmit, or provide access to electronically, broadcast, display, perform, enter into computer memory, and use and practice, in any way, your user content as well as all modified and derivative activities thereof in connection with our provision of the Service, including marketing and promotions of the Service.

6. THIRD PARTY SERVICES

The Service and Apps may give you access to links to third-party websites, apps, or other products or services. We do not control third party services in any manner and do not assume any liability associated with such third-party services. You need to take appropriate steps to determine whether accessing a third-party service is appropriate, and to protect your personal information and privacy in using any such third-party services.

7. FEEDBACK

You can leave your feedback about the services and the Apps. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our discretion. You agree to authorize us to make use of such contents for free and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

8. FEES AND PURCHASE TERMS

In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or diamonds, all for use in PLAYGENES games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.

PLAYGENES may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. PLAYGENES shall have no liability to you or any third party in the event that PLAYGENES exercises any such rights.

Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to PLAYGENES, another user or any third party.

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. PLAYGENES may revise the pricing for the goods and services offered through the Service at any time.

YOU ACKNOWLEDGE THAT PLAYGENES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON FOR ANY PURCHASERS AND REDEMPTIONS OF VIRTUAL ITEMS, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

9. DISCLAIMER OF WARRANTIES

WITHOUT LIMITING PLAYGENES'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PLAYGENES DOES NOT WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) THAT DEFECTS WILL BE CORRECTED; (IV) OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. LIMITATION OF LIABILITY/ SOLE AND EXCLUSICE REMEDY/ INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYGENES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLAYGENES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, PLAYGENES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO PLAYGENES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO PLAYGENES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND PLAYGENES'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH PLAYGENES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF PLAYGENES OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF PLAYGENES.

You agree to indemnify, defend and hold PLAYGENES (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

You further irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any PLAYGENES game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.

11. UPDATES/CHANGES TO THE SERVICE

We reserve the right to, and may change these Terms of Service from time to time, with or without notifying you. We encourage you, and you are responsible to periodically review our website and the Apps for the latest information on our terms and policies. Your continued use of the Apps and services after the effective date of an updated version of these Terms of service will automatically indicate your acceptance as modified. If you do not accept the updated version of our terms of service, please exit the Service immediately if you do not agree to the terms of this Privacy Policy. You may also need to update third party software from time to time in order to receive the Service and APPS. PLAYGENES may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

12. DISPUTE RESOLUTION

If a dispute arises between you and PLAYGENES, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at playgenes.com or via e-mail support@playgenes.com These Terms shall be governed and construed by the law of England and Wales. All disputes arising in connection with these Terms are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach agreement during the pre-trial settlement of the dispute – in the court having jurisdiction at the location of PLAYGENES.

Any express waiver by PLAYGENES of any provision, condition, or requirement of these Terms of Service or the PLAYGENES Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. No representations, statements, consents, waivers, or other acts or omissions by PLAYGENES shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of PLAYGENES.

13. SEVERABILITY

You and PLAYGENES agree that if any portion of these Terms of Service or of the PLAYGENES Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

QUESTIONS AND COMMENTS

If you have any questions or comments on any part of the services or any part of these Terms of Service, please contact as at support@playgenes.com or write us and addressed to P.D. Playgenes International Limited, 1, Anastasiou Sioukri, THEMIS COURT, Floor: 4, Flat: 402, Limassol 3105, Cyprus.

Please also read our Privacy Policy (http://www.playgenes.com/docs/privacy_policy_en.html)

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.