Last modified: 31 October 2019

 

The terms of this agreement (“Terms of Service”) govern the relationship between You and Playgendary GmbH, a company under laws of Germany, with registered address at: Landshuter Allee 8-10, 80637 Munich, Germany (“Playgendary” or “PG” or “We” or “Us”), regarding Your use of Playgendary’s games, websites and related services (“Service”), including all information, text, graphics, software, and services, available for Your use.

 

Playgendary is a developer and publisher of games and mobile game applications that are made available via app stores including the Apple Application Store and Google Play Store (our “Games”).

 

Use of Service is also governed by Playgendary’s Privacy Policy which is herein incorporated by reference. This Agreement and our Privacy Policy are available for download on the Playgendary’s website www.playgendary.com. You must agree to these Terms of Service and the Privacy policy before accessing and using the Service.

 

You represent that You are 16 years or older. If You are Younger than 18 years, You can only download our Games and play them on Your device, if Your parent(s) or legal guardian have/has reviewed this Agreement and allowed You to download and play our Game subject to these Agreement. Playgendary may require adequate proof of Your identity and age and consent from a parent or guardian at any time.

 

You represent that You are accessing our Games as a private person. Service offered by Playgendary is intended solely for the purpose of entertainment. No commercial use of our Games is allowed.

 

By using this Service offered on it, downloading any software, as well as by downloading any of Playgendary’s Games from app stores, You accept the following Terms of Service. If You do not agree to the Agreement and/or Privacy Policy, You may not use or otherwise access Service.

 

1. End-User License Agreement

1.1 License

Subject to the terms of this Agreement, PG grants You a non-exclusive, non-transferable, non-sublicensable, revocable limited right and license subject to the limitations below to access and use Service for Your personal non-commercial entertainment purpose.

1.2 Certain Restrictions

The rights granted to You in this Agreement are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit Service; (b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) You shall not access Service in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in Service. Any future release, update, or other addition to functionality of Service (including in-app purchases in Games (Virtual items and Virtual Currency, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.

 

2. Ownership

Service provided to You is licensed to You and not sold.
PG (and its licensors, where applicable) own all rights, title and interest, including without limitations any Games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by Playgendary and/or received or made available while playing the Games or developed during the course of the Games, and all related intellectual property rights, in and to Service.

 

3. Copyright

Copyright, trademarks, and all other proprietary rights shown in Service (including, but not limited to, software, services, text, graphics, and logos) are reserved to Playgendary. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the website, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of Playgendary is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

 

4. In-Game Currencies and Goods

Playgendary’s Games include virtual in-game currency («Virtual Currency»), such as coins, cash, and/or diamonds, that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items»).
Virtual Currency and Virtual Items are not sold but licensed to You, You are granted a limited, personal, non-transferable, non-sublicensable and revocable license for non-commercial use.
All Virtual Currency and Virtual Items transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency and Virtual Items, You are bound by and agree to the third-party payment providers’ Terms of Use.
In no way can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. The transfer of Virtual Currency or Virtual Items is prohibited except where expressly authorized in Service. Other than as expressly authorized in Service, You shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Items to any person or entity, including but not limited to Playgendary, another user or any third party.
Playgendary has no liability for hacking or loss of Your Virtual Items.
Price and availability of Virtual Items are subject to change without notice.
Playgendary may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. Playgendary may also revise the pricing for the goods and services offered through the Service at any time. Playgendary shall have no liability to You or any third party in the event that Playgendary exercises any such rights.

 

5. Third Parties

5.1 Application Stores

You acknowledge and agree that the availability of the Game is dependent on the third party from which You received Game, e.g., the Apple iPhone or Android stores («Application Store»). You acknowledge that this Agreement is between You and PG and not with the Application Store. The Application Store is not responsible for the Game, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).
In the event of any failure of the Game to conform to any applicable warranty, You may notify Application Store, and Application Store will refund the purchase price for the Game to You in accordance with the Refund Policy accepted by the Application Store in question; and that, to the maximum extent permitted by applicable law, Application Store will have no other warranty obligation whatsoever with respect to the Game.
You agree to pay all fees charged by the Application Store in connection with Game (if any). You agree to comply with, and Your license to use Game is conditioned upon Your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using a Game. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.

5.2 Third-Party Services

PG may permit certain third-party applications (like leaderboards, game networks) to provide content through the Game («Third Party Services»). The Game may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When You do so, PG will share information with the Third-Party Service as described in the PG Privacy Policy. PG is not responsible for and does not control Third-Party Services. PG provides these Third-Party Services only as a convenience to You. PG has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at Your own risk. When You access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.

5.3 Other Users

A Game may contain User Content provided by other users of the Game. PG is not responsible for and does not control the User Content. PG has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at Your own risk. Your interactions with other users are solely between You and the other user and we are under no obligation to become involved. You agree that PG will not be responsible for any liability incurred as the result of any such interactions.

5.4 Release

You hereby irrevocably and unconditionally release and forever discharge PG (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.»

 

6. Refunds

6.1 General provisions

All purchases and redemptions of Virtual Items and Virtual Currency made through Service are final and non-refundable. You acknowledge and expressly consent that the provision of Virtual Items and Virtual Currency for use in Service is a process that commences immediately upon purchase and You forfeit Your right of withdrawal once the performance has started.
You agree that Playgendary is not required to provide a refund for Virtual Items and Virtual Currency for any reason, and that You will not receive money or other compensation for unused Virtual Items and Virtual Currency, whether You lost license under this Agreement voluntary or involuntary.
However, You may address to Google Play Store or Apple App Store to receive a refund in accordance with their refund policies.
Please note that if You request Your personal data to be erased as specified in Playgendary´s Privacy Policy, You will permanently and without a right to a refund lose all Your Virtual Items and Virtual Currency as Playgendary can no longer associate such Virtual Items and Virtual Currency with You.
YOU ACKNOWLEDGE THAT PG IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.

6.2 Subscriptions

  1. Some parts of the Service are billed on a subscription basis («Subscription(s)»). Subscription provides access to dynamic content or services in the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game («Subscription Period»). Payment will be taken from Your iTunes or Google Play account («Account») when You confirm the Subscription by available confirmation tools of the Game.
  2. Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Game. If You do not cancel the Subscription within such period, Subscription Fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-day trial period.  You may cancel a subscription during its free trial period using the Subscription setting of Your Account. PG cannot cancel Your free-trial subscription if it has already been activated.
  3. Subscription is automatically renewable, unless You turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.
  4. Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel Your current Subscription if it has already been activated.
  5. Except when required by law, paid Subscription Fees are non-refundable.
  6. Playgendary in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period.
  7. You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.

 

7. Warranties and Disclaimers

7.1 ALL INFORMATION, SOFTWARE, AND SERVICE OFFERED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
PLAYGENDARY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE OF SERVICE AT THE TIMES AND LOCATIONS OF YOUR CHOOSING; THAT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OT THAT THE GAMES OR SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PLAYGENDARY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.
IN NO CASE SHALL PLAYGENDARY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PLAYGENDARY INFORMATION) REGARDLESS OF WHETHER PLAYGENDARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICE OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7.3 You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that have been designated by the U.S. Government as a «terrorist supporting» country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation.

 

8. Limitation on Liability

8.1 IN NO EVENT SHALL PG (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR PG’S PRIVACY PRACTICES, ANY GAME, EVEN IF PG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PG’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR PG’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID PG IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL PG’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

8.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

9. Indemnity

You agree to defend, indemnify and hold harmless PG (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) Your use of any Game, (ii) Your User Content, or (iii) Your violation of this Agreement.
PG reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PG and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PG. PG will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

 

10. User Content

10.1 “User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any Game. You are solely responsible for Your User Content. You assume all risks associated with the use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes You or any third party personally identifiable. You hereby represent and warrant that Your User Content does not violate the User Conduct provisions under section 10 hereof. You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by PG. PG is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of Your User Content if You desire.

10.2 We reserve the right (but have no obligation) to review any User Content in our sole discretion. At any time for any reason in our sole discretion with or without notice to You we may edit, refuse to post, or remove any User Content posted in the Games or in any Games-related sources that is deemed objectionable or violates these Terms or the spirit of these Terms at 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 contacting us. You understand and agree that we are not responsible or liable for any Content generated by users of the Games. This implies that users, not us, are entirely responsible for the completeness, accuracy, and/or usefulness of all the User Content they upload, communicate, transmit, and/or otherwise make available via our Games and Service.

10.3 By uploading, distributing, or otherwise using Your User Content with any Game, You automatically grant, and You represent and warrant that You have the right to grant to PG an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, solely to display Your User Content in any Game and Service.

10.4 If You provide PG any feedback or suggestions (“Feedback”), You hereby assign to PG all rights in the Feedback and agree that PG shall have the right to use such Feedback and related information in any manner it deems appropriate. PG will treat any Feedback You provide to PG as non-confidential and non-proprietary. You agree that You will not submit to PG any information or ideas that You consider to be confidential or proprietary.

 

11. User Conduct

You shall accept and abide by the following:

  • You agree not to use any Game to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
  • You agree not to use any Game to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, post and/or make available to the public any other user’s personal information in the Games and/or any game-related services without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Game or servers or networks connected to Games (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any Game.
  • You acknowledge and agree that Playgendary may use built-in tracking features to obtain information regarding Your use of the Games in order to improve the services we provide, and agree that such information is deemed to be User Content for all intents and purposes under these Terms.
  • You shall not (a) improperly use Playgendary’s support services, including without limitation submission of false reports of abuse or misconduct by any party; (b) disable, interfere with, or circumvent any security feature of the Games or any feature that restricts or enforces limitations on the use of or access to the Games or User Content; (c) participate in any activities and/or perform any actions that, in Playgendary’s sole opinion, lead to, result in, or may result in an authorized user of the Games being defrauded of Virtual Currency or Virtual Items that user has earned through authorized gameplay and/or purchased in the Games; (d) sell Playgendary’s Games or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for real currency or items and/or services of monetary value; (e) engage in cheating or any other fraudulent activity deemed by Playgendary to be in conflict with the spirit of the Games; (f) use or take part in the use of any unauthorized third-party software designed to modify or interfere with Service and/or any Playgendary’s Games; (g) share Your password or any credentials You may use to access Your account with anyone; (h) purchase, sell, rent, or give away Your account, or otherwise make available Your account to any third party; (i) create an Account using a false identity or information, or on behalf of someone other than Yourself.

 

12. Modifications of this Agreement

Playgendary is entitled at any time to amend or supplement these Terms and any related provisions (e.g. Playgendary’s Privacy Policy). Playgendary shall publish any amendments to these Terms on its website (www.playgendary.com/) and may also use other means of notification (e.g. in-game, newsletter, pop-up). The date on which the latest update was made is indicated at the top of this document. We recommend that You print a copy of this Agreement for Your reference and revisit this web-page from time to time to ensure You are aware of any changes.
The user is entitled to object to any amendment within four weeks. The terms and conditions are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the game again after receiving notification of the amended terms and conditions.
If it so wishes, the user may otherwise terminate the Agreement.

 

13. Term and Termination

13.1 This Agreement runs for an indefinite term.

13.2 Either Party may terminate this Agreement at any time by giving 14 days notice (written or electronic communication, e.g. via e-mail, required). However, You may also terminate the User Agreement with immediate effect by deleting the Game from Your device or removing the Game from Your Facebook apps.

13.3 Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
If we have reasonable ground to believe that You are in material breach of these Terms of Service, we may suspend Your access to our Game and/or terminate this User Agreement. Your breach of Section 1, 10 shall be considered a material breach.

13.4 Upon expiry, You will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted. Only if PG continues to operate the Game, You may again download the Game or access the Game on Facebook whereby a new User Agreement will start to run. However, any game-related data cannot be restored.

13.5 We may (a) suspend Your rights to use any Game, and/or any related service or (b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to You, including if we in good faith believe You have violated the User Conduct or any other provision of this Agreement. Without limiting the foregoing, PG reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to PG by the copyright owner or the copyright owner’s legal agent.

13.6 Upon termination of this Agreement, Your right to use the Game will automatically terminate immediately without right to refund to You for Virtual Currency or Virtual Items acquired, developed during, or purchased in the Games. You understand that any termination may involve deletion of Your User Content associated therewith from our live databases. PG will not have any liability whatsoever to You for any termination of this Agreement, including deletion of Your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.2, 2, 3, 5, 6, 7, 8, 9, 10, 13, and 19.

 

14. Notice

Any notice provided to PG pursuant to this Agreement should be sent to support@playgendary.com

 

15. Severability

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

 

16. Entire Agreement

This Agreement is the final, complete and exclusive agreement between You and PG with respect to the subject matters hereof (including all Games) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters (including any prior End-User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

 

17. Interpretation

The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Your relationship to PG is that of an independent contractor, and neither party is an agent or partner of the other.

 

18. Assignment

Playgendary may assign or delegate these Terms of Service and/or the Playgendary’s Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent. The terms of this Agreement shall be binding upon assignees. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Playgendary’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void.

 

19. Supplemental Policies

Playgendary 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.

 

20. Applicable Law

The laws of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.

 

21. Apple Application Store Additional Terms and Conditions

The following additional terms and conditions apply to You if You are using a Game from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of the Application Store Terms of Service will control.

21.1 Acknowledgement

PG and You acknowledge that this Agreement is concluded between PG and You only, and not with Apple, and PG, not Apple, is solely responsible for Game and the content thereof.

21.2 Scope of License

The license granted to You for Game is limited to a non-transferable license to use Game on an iOS Product that You own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.

21.3 Maintenance and Support

PG is solely responsible for providing any maintenance and support services with respect to Game, as specified in this Agreement (if any) or as required under applicable law. PG and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Game.

21.4 Warranty

PG is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Game to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Game to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PG’s sole responsibility.

21.5 Product Claims

PG and you acknowledge that PG, not Apple, is responsible for addressing any claims of you or any third party relating to Game or your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit PG’s liability to you beyond what is permitted by applicable law.

21.6 Intellectual Property Rights

PG and you acknowledge that, in the event of any third-party claim that Game or your possession and use of Game infringes the third party’s intellectual property rights, PG, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

21.7 Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

21.8 Developer Name and Address

PG’s contact information for any end-user questions, complaints or claims with respect to Game:
Playgendary GmbH, a company under laws of Germany, with registered address at: Landshuter Allee 8-10, 80637 Munich, Germany
Email: support@playgendary.com

21.9 Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using a Game.

21.10 Third-Party Beneficiary

PG and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.