Effective: August 7, 2012
PLAYDOM NUTZUNGSBEDINGUNGEN
CONDITIONS D'UTILISATION DE PLAYDOM
Welcome to Playdom. By accessing and using our games, content, activities and services (the "Services") which are made available via our web site or through our social networking websites, or any mobile versions thereof (collectively the "Site"), you signify that you have read, understand and agree to be bound by the terms and conditions set forth below (the "Terms"), whether or not you are a registered member of Playdom or any of our games.
Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser, device or other application provided by Playdom or its service providers and partners. You may not use the Services for any other purpose.
This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:
Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the Playdom experience to the detriment of fair play;
Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience;
Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
Exploit the Services or any of its parts for any commercial purpose;
Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services; or
Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law.
Your use of the Services is governed by certain rules (the "Code of Conduct"), which are maintained and enforced by Playdom, and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not:
Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
Make any threats or threatening remarks, including (but not limited to) threats against another individual or his/her family, and other such remarks which, in our opinion, are outside the scope or context of the game;
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are all prohibited;
Promote, encourage, or otherwise advocate the use of illegal drugs;
Violate the terms of any other applicable agreement or terms governing the access or use of the Services (including any end user license, code of conduct or other terms of use/service or guidelines from any web site on which the Services are available);
Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by Playdom for any Services, must be limited to the appropriate forum or channel for such offers;
Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or a Playdom representative) for unauthorized purposes, including for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);
Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or
Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.
These rules are not meant to be exhaustive, and we reserve the right to determine in our sole and absolute discretion what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit - up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.
You may be able to use your user account and/or user ID of the website on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form. YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES. YOU MUST BE 18 YEARS OF AGE OR OLDER TO SUBSCRIBE TO THE SUBSCRIPTION SERVICE (DETAILED BELOW). IN CERTAIN JURISDICTIONS, THE AGE OF MAJORITY MAY BE OLDER THAN 18, IN WHICH CASE, YOU MUST SATISFY THAT AGE IN ORDER TO SUBSCRIBE.
You may also be asked to choose a password and a username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as solely determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms.
You are responsible for maintaining the confidentiality of your account information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by Playdom or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund.
Any Content which you provide (and certain other information about you) is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. See our Privacy Policy for information and notices concerning our collection and use of your personal information. http://www.playdom.com/about/privacy. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Playdom. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and you will not be able to opt out of receiving them.
Payment methods may vary by Service - in some cases, you can use a stored value (gift card), credit or debit card, PayPal, or other similar methods of payment to pay for optional Services and/or upgrades. When you provide payment information to us (or our designated service providers or subcontractors), you represent and warrant that the information provided is accurate and that you are the authorized user of the payment method that is used to pay such charges. As applicable, you must notify us of any changes to your payment information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends.
Playdom reserves the right to change its fees or billing methods. If you pay a periodic subscription fee for a Playdom Service, including the Subscription Service, as further described below, Playdom will provide you with notice of any changes to the fees or billing methods in advance of their effective date by posting such changes on the Site or by sending you a notice to your email address. However, if you have a current subscription at the time that any new or revised fees take effect, such fees will only apply to your subscription if and when your subscription is renewed. If any change is unacceptable to you, you may cancel your subscription pursuant to the cancellation terms provided in the notice. If you do not cancel your subscription in accordance with the provided cancellation terms, Playdom will not refund any fees that may have accrued to your account and will not prorate fees for any subscription. If your use of the Services is subject to use or sales tax, then Playdom may also charge you for any such taxes, in addition to the subscription or other applicable fees. For further information, visit http://support.playdom.com/home?lang=en.
You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Playdom if your credit card is cancelled (for example, for loss or theft). At any time you may update your billing account and change your payment method or information by contacting Customer Service at http://support.playdom.com/home?lang=en or by accessing the applicable game subscription tab (e.g. Inner Circle) which you can reach from http://www.playdom.com/games. Playdom reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to Playdom. Customers who use a payment method other than a credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information, visit http://support.playdom.com/home?lang=en.
As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is delivered. Some situations that may result in your order being cancelled include inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card or payment method has been charged, we will issue a credit to your card or payment method in the amount of the charge.
If your use of Services is subject to use or sales tax, then Playdom may also charge you for any such taxes, in addition to the subscription or other fees.
Playdom may offer an automatically renewing subscription-based service that allows you to access additional in-game features for the agreed-upon period (the "Subscription Service"). By registering for the Subscription Service, the valid credit card number or other payment method which you have provided to Playdom will be charged the entire amount equivalent to the advertised price for the period to which you have agreed. By signing up for the Subscription Service, you agree that your subscription will be automatically renewed. The renewed subscription period will be the same as your initial subscription period. You hereby authorize Playdom to charge your credit card or other payment method (the same payment method that you used to initially subscribe to the Subscription Service) for the renewal term for a fee no greater than Playdom's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You are financially responsible for all associated Subscription Service fees until notice of cancellation is received by Playdom pursuant to the instructions below. Subscriptions are not transferrable.
You may cancel your Subscription Service at any time after your initial registration. To cancel, you must click the applicable game subscription tab (e.g. Inner Circle) which you can reach from http://www.playdom.com/games and change your preferences. If you wish to cancel the automatic renewal of your Subscription Service and not be charged for your next subscription period, you must do so by notifying us by the last day of the subscription period in order to allow us to process your cancellation request. If we receive your cancellation request after such time, we shall charge you for the next subscription period. Provided you cancel in accordance with this section, your subscription will be terminated effective at the end of the then current subscription term (e.g. one month). If you do not cancel your subscription in accordance with the provided cancellation terms, Playdom will not refund any fees that may have accrued to your account before cancellation of your Subscription Service, and we will not prorate fees for any Subscription Service. Playdom will confirm receipt of your cancellation request via email.
If you are a resident of France or Germany, you can withdraw from your contractual statement within 14 days without giving reasons by sending a notice in text form (e.g. a letter, facsimile or email). The deadline begins after the receipt of these instructions for the right of withdrawal in text form, however, but not before the conclusion of the contract and not before we have fulfilled our information duties pursuant to Art. 246 sec. 2 in conjunction with sec. 1 para. 1 and 2 Introductory Law to the German Civil Code as well as our obligations pursuant to sec. 312e para. 1 sentence 1 German Civil Code in conjunction with Art. 246 sec. 3 Introductory Law to the German Civil Code (for German residents). To keep the deadline it is sufficient to send the notice of withdrawal in due time. The withdrawal is to be addressed to:
Playdom, Inc.
395 Page Mill Road, Suite 200
Palo Alto, California 94306
tos@playdom.com
From time to time, Playdom may offer a free trial subscription for various Services. If you register for a free trial subscription, Playdom will begin to bill your account for that Service when the free trial subscription expires, unless you cancel your subscription pursuant to the Cancellation Policy before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using the Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
We may provide links to other web sites. Some of these web sites may charge fees, which are not included in any subscription or other fees that you may pay to Playdom. Any separate charges or obligations that you incur in your dealings with third parties are your sole responsibility. Playdom has no control over or responsibility for any such third party fees.
We may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Some of these web sites may charge separate fees, which are not included in any fees that you may pay to Playdom. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from one of our Services, and will not be liable for any claim relating thereto. The linked sites are not under the control of Playdom and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Playdom of these linked sites.
"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by Playdom or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys.
You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency ("Virtual Items") acquired and developed as a result of game play, are the sole and exclusive property of Playdom and may be used by Playdom (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. This means that your "purchase" of the Virtual Item is in fact a purchase of a limited, non-assignable license to use software that manifests itself in a game as the Virtual Item. Virtual Items have no real-world value and are not redeemable or subject to refund.
You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.
If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to Playdom all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Playdom the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
You are granted a limited revocable license to post your own character or any other Content that Playdom specifically gives you notice may be posted on other websites, on your own personal website or on a third party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party.
Playdom representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. Playdom and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by "flagging" it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.
You acknowledge and agree that Playdom may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms.
We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service.
In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by Playdom, you will not be entitled to any refund nor will any credits or in-game items (e.g., points in an online game) be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.
The Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user's errors and/or omissions.
PLAYDOM AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLAYDOM OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify, and hold Playdom harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Playdom arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
The failure of Playdom to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
You acknowledge that the certain rights granted and obligations made hereunder to Playdom are of a unique and irreplaceable nature, the loss of which shall irreparably harm Playdom and which cannot be replaced by monetary damages alone so that Playdom shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Specifically this includes the rights and obligations in paragraphs 1-4, 13, and 14.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts.
Playdom operates and controls this application from its offices in the United States. Playdom makes no representation that this application is appropriate or available in other locations. The information provided on this application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Playdom to any registration requirement within such jurisdiction or country.
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in this game in a way that may constitute copyright infringement, you can provide notice of your claim to Playdom's Designated Agent listed below. For your notice to be effective, it must include the following information:
Playdom, Inc.
Attn: Legal Department
395 Page Mill Road, 2nd Floor
Palo Alto, California 94306
We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.
These Terms are the entire and exclusive agreement between Playdom and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.
The Services are operated and provided by Playdom, Inc., 395 Page Mill Road, 2nd Floor, Palo Alto, CA 94306. If you have any questions about these Terms, please contact Playdom at tos@playdom.com.
© Playdom, Inc. 2008-2012, All Rights Reserved.