Terms of Service

Effective as on 8th September, 2014

Hi There! Welcome to Playlyfe. If you are using this website, you are agreeing to all points mentioned in this document.

This is a contract between You and Playlyfe IT Solutions Pvt. Ltd. (“Playlyfe”, “We”, “Us”), and is applicable when you use our sites, services, mobile applications, products or contents provided by Playlyfe, and it's subsidary websites (“Sites”) globally, now or in the future.

All access to and use of this site and all websites (collectively, the “Website”) and the features at the website are governed by these terms of use (“Terms”). These terms apply to all individuals who use, visit or browse the Website. If you do not agree to these Terms, you must not use the Website. By accessing or using the Website, You and the entity You are authorized to represent (“You” or “Your”) Signify your agreement to be bound by these Terms.

These terms are a binding agreement

Read this agreement carefully before you use Playlyfe. By using Playlyfe Services, you agree to be bound by everything in these Terms. If you don’t agree to the Terms, please don’t use Playlyfe.

We would like to know your feedback and suggestions on how to make our services better.

Access to the Website

Access to this Website is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Playlyfe computer system or other information contained on the system for any purposes is strictly prohibited.

Playlyfe Account

You do not need a Playlyfe account to visit the Playlyfe Site. However, before you can use any of the Services or deploy any of the Services on your website, you must create a Playlyfe account and agree to these Terms, which will govern your use of Playlyfe’s Services.

Your Content

You may be able to design, develop, customize, post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics or other Content (including information, if any, on message boards or other forums) on the Website (collectively, “User Generated Content”). You retain ownership of User Generated Content submitted to the Website. However, User Generated Content will be considered Content and will be treated as non-confidential and non-proprietary and you understand that Playlyfe does not guarantee any confidentiality with respect to the User Generated Content. By submitting User Generated Content to Playlyfe, you agree to grant, and shall be deemed to have automatically granted, to Playlyfe an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence to host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such Content for the purpose of operating, promoting and improving the Website and Services and to develop new ones. You represent and warrant that you have the right, power and authority to grant the foregoing licence. You agree that the User Generated Content that You submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the User Generated Content and grant to Playlyfe all of the licence rights granted herein. You agree to release, discharge and agree to hold harmless Playlyfe from any and all claims or liability, whether known or unknown, in connection with the publication, production, processing, distribution or exploitation of Content posted by you, including any claims of infringement of any rights of publicity or rights of privacy. Playlyfe reserves the right to remove User Generated Content without notice.

You acknowledge, consent and agree that Playlyfe may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to:

  1. comply with any applicable law, regulation, legal process, or governmental request;
  2. respond to claims that any Content violates the rights of third parties, including intellectual property rights;
  3. enforce this Agreement and investigate potential violations thereof;
  4. detect, prevent, or otherwise address fraud, security, or technical issues;
  5. respond to your requests for customer service; or
  6. protect the rights, property, or personal safety or interests of Playlyfe, other users of the Website (“Users”), or the public.

Our Content

The look and feel of Playlyfe Sites are copyright Playlyfe IT Solutions Pvt. Ltd. All Rights Reserved. Some portions of the site may be licenced pursuant to third party open source licencing. We have also open sourced some of our own code, which is available publicly here.

Unless otherwise indicated, Playlyfe or its licencors own and retain all proprietary rights in the Website and all material and information posted thereon, including without limitation photographs, text, graphics, logos, icons, content, tutorials, audio/visual clips and design (collectively, “Content”). The mark Playlyfe and related trademarks, service marks and logos (collectively, the "Playlyfe Trademarks") are owned by Playlyfe and are registered in India.

Playlyfe neither warrants nor represents that use of materials displayed on the Website by You will not infringe rights of third parties not owned by or affiliated with Playlyfe. Use of any materials on the Website is at Your own risk.

For the remainder of the site, you may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScipt, logos, or visual design elements without express written permission from Playlyfe unless otherwise permitted by law or posted by You.

We may provide links to, or promote, websites or services of third parties on the Website. You agree that we are not responsible for, and do not control, those websites or services and we shall have no liability or responsibility to you or to any third party for such websites or services.

Privacy

By accessing the Website, You also agree that You have reviewed and agreed to the Playlyfe Privacy Policy, which is incorporated by reference in its entirety in these Terms.

Modification in Terms

Playlyfe may modify these Terms at any time, with or without notice. Your continued use of the Website constitutes Your acceptance of any changes to the Terms. You are responsible for remaining knowledgeable as to any changes that Playlyfe may make to the Terms. The most current version of the Terms will be available on the Website and will supersede all previous versions.

Licence

Subject to Your compliance with the terms and conditions of this Agreement, Playlyfe hereby grants You, solely during the term of this Agreement, a non-exclusive, non-transferable, revocable licence, without rights to sub-licence, to incorporate libraries and APIs that are included in the Playlyfe Services into Your Applications, to reproduce and distribute such libraries and APIs together with Your Applications and to access, use, perform and display the Playlyfe Services via the Internet, solely for use with Your Applications.

Payment and Taxes

  1. Playlyfe may charge a fee for use of the Playlyfe Services. You agree to pay all fees charged by Playlyfe. All fees are non-refundable and, unless otherwise stated, in US dollars. There will be no refunds or credits for partial months of service, upgrades, or unused months.

  2. Playlyfe reserves the right to deactivate your access to Playlyfe Services for failure to pay applicable fees. You agree to promptly pay Playlyfe in the event of any refusal for any reason. You agree to pay all costs of collection, including legal costs, on any outstanding balance. In the event you fail to pay any amount when due, Playlyfe may immediately suspend or terminate Your access to the Playlyfe Services.

  3. Your subscription will renew automatically, unless Playlyfe terminates it or you terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees.

  4. You are responsible for, and will indemnify and hold Playlyfe harmless from, payment of all taxes (other than taxes based on Playlyfe’ net income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of fees to Playlyfe under this Agreement or the delivery, licence or use of the Playlyfe Software or Services. You will make all payments to Playlyfe free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of fees to Playlyfe will be Your sole responsibility, and You agree to provide Playlyfe with official receipts issued by the appropriate taxing authority, or such other evidence as Playlyfe may reasonably request, to establish that such taxes have been paid.

  5. Any amounts not paid when due are subject to an interest charge at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less.

Use of the Website

The following requirements apply to Your use of the Website:

  1. You will not use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
  2. You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
  3. You will not collect, store, use or disclose personal data about other users or any identifying health information other than in accordance with the End User Agreement as applicable to You and in compliance with applicable laws and regulations;
  4. You will not use the Website for any commercial transactions that are unrelated to the purposes for which the Website was provided;
  5. You will not upload, post, email, or otherwise transmit any interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; and
  6. You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

IMPROPER USE OF THE WEBSITE MAY RESULT IN LOSS OF YOUR ACCESS TO THE WEBSITE AND SERVICES AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.

When you visit the Website or send emails to Playlyfe, you are communicating with Playlyfe electronically. You consent to receive communications from Playlyfe electronically. Playlyfe may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Playlyfe provides to you electronically satisfy any legal requirement that such communications be in writing.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Playlyfe Site (“Feedback”). You may submit Feedback by emailing us at support@playlyfe.com You acknowledge and agree that all Feedback will be the sole and exclusive property of Playlyfe and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to Playlyfe together with all intellectual property rights therein.

Wallet

Every Playlyfe account has a wallet, which is used to pay for games You create on Playlyfe. This wallet can be topped-up using a valid credit card or a valid international debit card. The topup is bought in US Dollars and credited in the form of Playlyfe credits to the wallet. These credits are non-refundable and non-transferable.

Promotions

Playlyfe may from time to time open promotions, which offer Playlyfe credits to it's users on signing up or completing tasks. These credits are only valid within the Playlyfe ecosystem, and are non-refundable and non-transferable.

Name-squatting

Playlyfe account or game name squatting is prohibited. Inactive accounts may be renamed or removed by Playlyfe staff at their discretion. You can examine an account's public games to see if there's recent activity and request that support release the name for you, but keep in mind that not all activity on Playlyfe is publicly visible. Staff will not remove or rename any active account.

Playlyfe account and game names are provided on a first-come, first-served basis, and are intended for immediate and active use. Account names may not be inactively held for future use.

Attempts to sell, buy, or solicit other forms of payment in exchange for account names are prohibited and may result in permanent account suspension.

Revocation of Access

Playlyfe may, in its sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent Your use of this Website with or without notice to You. You agree that Playlyfe, in its sole discretion, may terminate or suspend Your use of the Website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Further, You agree that Playlyfe shall not be liable to You or any third party for any termination or suspension of Your access to the Website.

In the event that You use, or are suspected of using, the Website in a manner inconsistent with any Indian law, regulations, statutes or ordinances, in addition to discontinuance of Your permission to use the Website, Playlyfe shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

Indemnification

You agree to indemnify and hold Playlyfe, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to Your violation of these Terms.

Security of Website

Unfortunately, no website or services delivered over the Internet can be guaranteed to be absolutely secure. As a result, while Playlyfe strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Playlyfe may, in its sole discretion, notify you of such breach. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provide to us.

Responsible Disclosure

We strive to keep Playlyfe safe for everyone. If you've discovered any security vulnerability in Playlyfe, we appreciate your help in disclosing it to us in a responsible manner. To report any vulnerabilities, mail us at support@playlyfe.com with [SECURITY] in the subject line.

Disclaimer of Warranties

Playlyfe assumes no liability or responsibility for any errors or omissions in the content of the Website, including any forms made available on the Website, any failures, delays or interruptions in the delivery of any content contained on the Website, or any losses or damages arising from the use of the content provided by the Website or from any viruses or other malicious code that may be transmitted through such use. Playlyfe is not responsible for any third party products or services offered on the Website, if any.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, PLAYLYFE SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, PROCESS, PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY OR ANY OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Limitation of Liability

PLAYLYFE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENCERS ("THE PLAYLYFE PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, AND REDUCED, CANCELLED OR DENIED WORKERS’ COMPENSATION BENEFITS OR PAYMENTS (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

IN NO EVENT SHALL THE PLAYLYFE PARTIES’ AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED $1 (USD).

IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PLAYLYFE PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Force Majeure.

Playlyfe will not be liable to you for failure or delay in performance if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout, denial-of-service attacks, or internet connectivity or failure issues experienced by major telecommunications providers or a Playlyfe co-location facility, for the duration of such event and for such further period of time that Playlyfe may reasonably require to recover from the effects of such event.

Miscellaneous

Any attempt by You to undermine the legitimate operation of the Website may be a violation of criminal and civil law, and, should such an attempt be made, Playlyfe reserves the right to seek damages from You to the fullest extent permitted by law. Playlyfe's failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other, provision.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of the State of Karnataka, India. Any disputes arising out of these Terms will be resolved exclusively in the courts located within Bangalore, India and each party consents to such exclusive jurisdiction and agrees not to challenge such venue.

These Terms are personal to you, which means that you may not assign your rights or obligations under these Terms to anyone. No third party, including but not limited to a workers’ compensation claimant, the claimant’s past or current employer, and the employer’s carrier, is a beneficiary of these Terms. Playlyfe may assign its rights and obligations under these Terms to any third party. We may also use third parties to assist us in the provision of the Website under these Terms.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.

These Terms constitute the entire agreement between You and Playlyfe regarding the use of the Website. By using the Website, You represent that You are capable of entering into a binding agreement, and that You agree to be bound by these Terms.