PlayCreek.com|Terms of Service

High quality games for iPhone, iPad, iPod Touch, Android, Windows Phone and Blackberry
Terms of Service

About these Terms

These Terms of Service ("Terms") represent the agreement between PlayCreek Limited Liability Company and its affiliates, which include subsidiaries or any other entities under common ownership (The "Company" or "We", "Us", "Our") and you, the user of our games or applications ("You"). By using or accessing any game or application provided to you by Us and any Our game services made available to You by using Our games or applications (all together, the "Service") you agree to be bound by these Terms of Service. Our Privacy Policy is incorporated herein and is a part of these Terms. By accessing and/or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. You represent that you are either 18 years old and reviewed and agreed to the Terms, or have a legal guardian reviewed and agreed to the Terms.

BY USING OUR GAMES OR APPLICATIONS, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE OUR GAMES OR APPLICATIONS.

As a user, you are responsible for periodically reviewing these Terms. The Company can make changes to these Terms at any time in its sole discretion and your further use of the Service shall confirm your acceptance of the revised Terms. If you do not agree to these revised Terms you must discontinue your use of the Service and cancel any accounts you have made using the Service.

If you violate these Terms, the Company reserves the right either to issue you a warning regarding such violation or to immediately suspend or terminate any or all accounts created by You using the Service or created by Us or automatically by Our Service on your behalf to provide the Service to You. You agree that Company does not necessarily need to provide you a notice before terminating or suspending any of your accounts, but it may do so. Company also reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, a violation of these Terms.

You agree that Company may discontinue the Service or change the Service or its content at any time, for any reason, with or without any notice to you, without any liability.



Intellectual Property

You agree that any part of the Service is owned, controlled or licensed by or to the Company, and is protected by law, copyright, patent and trademark and various other intellectual property laws.

All in-game content, including software, graphics, characters, texts, sounds, music or other data (the "Content"), the arrangement and selection of such Content, all copyright, trademarks, and other intellectual property rights relating to such Content is owned by the Company or licensed to Us by third parties. You are not allowed to copy, sell, reproduce, republish, or redistribute in any other way any of the Content without Our prompt permission.

The Company grants You a personal, non-transferable, non-exclusive, revocable, limited license to use the Games and Applications only for the purpose of entertainment and/or non-commercial review as described by these Terms.



Rules and Terms of Usage

When You choose to play any of Our Games you agree to comply the specific game rules, such as game play rules, scoring and control rules which are explained to you by means of in-game tutorials and in-game alerts for the best user experience.

Some of our Games allow you to compete with your contacts on a platform or social network which you have allowed our Games to interact with.

You shall not alter or modify any Game's binary code and/or Content provided with any Game, or otherwise use the Service in an improper way not permitted by these Terms or cheat in order to gain advantage or leadership over other users of Our Games. Such modification may lead to termination of Your account(s) in the Service.

You shall not attempt to gain unauthorized access to any part of Our Games or Applications, or any other parts of the Service or network connected to the Service, by "hacking", "password-mining" or any other means. You shall not use any technical means to hinder or prevent other users using the Service, or attempt to do so. You may not use any technical means to obtain or attempt to obtain any materials, documents or information that is contained in, but should not be available or accessible through the use of Our Games or Applications. You may not use the Service or any Content for any purpose that is unlawful or prohibited by these Terms of Service or the law.

You agree to compensate Us, according to law, for all losses, harm, claims and expenses that may arise from any violation of these Terms by You.



Availability of Our Games

We reserve the right to change, modify, update or completely withdraw any of our Games (in whole or in part) at any time without liability to you. Such modification or withdrawal may be performed for technical reasons (such as fixing errors, bugs or technical difficulties experienced by us or reported by our users); for legal reasons (such as any sort of legal objections to the Games Content); to improve the look and feel of the Games for better user experience; for the reason of no longer business sense for Us to provide or distribute any of Our Games; or for any other reasonably important purpose, at PlayCreek's sole discretion.

There may be scheduled or unscheduled periods of time when our Games or any part of the Service is not available for technical related reasons.

You agree that you are solely responsible for supporting the internet connection or mobile charges that may be incurred for playing our Games online. Please contact your mobile or network operator to learn what these charges will be, before you play



Virtual Currency and Virtual Goods

We may offer You a virtual in-game currency ("Virtual Currency") and/or certain virtual in-game items ("Virtual Goods") to be purchased using real world money for the use in Our Games. Such Virtual Currency and Virtual Goods are provided solely for your personal and entertainment use, they have no real world value and may only be used in PlayCreek Games or Applications

Virtual Currency and Virtual Goods cannot be redeemed for real world money or any monetary value from the Company or its affiliates. You agree that You have no rights on Virtual Currency or Virtual Goods. Your purchase of Virtual Currency or Virtual Goods is final and is not refundable. Purchasing, selling, or exchanging Virtual Currency or Virtual Goods outside the Service is a violation of these Terms and may result in termination of Your account(s) in the Service and even in legal action.

Company may modify or cancel any of Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Currency and/or Virtual Goods may be altered by Us without an additional notice.



Third-Party Marketplace Operators

Operators of mobile OS and software or social networks provide online storefronts and marketplaces such as Apple App Store, Google Play Market and other, in order to let You find, purchase and download applications. If you purchase or download any PlayCreek Games or Applications from such an online marketplace operated by a third-party Operator, or purchase any in-game Virtual Currency or Virtual Goods using the third-party Operator's platform, you must also comply with the terms of service of such online storefront or marketplace Operators, in addition to complying with these Terms.



Third-Party Content

You agree that by uploading or publishing any content through our Service ("User Content"), you hereby grant Us a worldwide, non-exclusive, transferable, royalty-free license, to copy, distribute, license, sublicense, sell, transfer, publicly display or otherwise use such User Content only by means of our Service. The Company does not claim any ownership or copyright on any such User Content.

The Company is not responsible for any User Content, made available by means of Our Service. You agree that the Company will not under any circumstances be liable for any User Content, errors, loss, misuse, damage incurred by use of such User Content.

Some of our Games use third-party advertising networks to display ads to You. We are not liable for any materials which are displayed inside Our Games by any other person including advertisers, and PlayCreek is not responsible for such material and its accuracy. Neither shall We be responsible for any losses and/or expenses resulted from accessing or using third-party applications or games that you access by interacting with the third-party advertisements in Our Games.

You can however contact us to report an inappropriate or inaccurate Content that you believe was displayed in a third-party in-game advertisement so that We may report such Content to the third-party advertising network operator.



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Privacy

The Company shall take reasonable measures to protect your privacy and personal data. We shall only collect, process, use and share Your personal information in accordance with Our Privacy Policy and for the purposes as set out in these Terms. By using our Games, You give your consent to collect, process, use and share Your personal data in this way. If You do not agree to Our Privacy Policy You should not access and/or play Our Games. Please read Our Privacy Policy for more information about collection, using and protection of Your data.



Disclaimers

THE APPLICATIONS, PLAYCREEK CONTENT, USER CONTENT AND THE SERVICE ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED IN THE APPLICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, SATISFACTION OF USE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATIONS AND/OR THE SERVICE. YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK.

Except where enforced by law, in no event will PlayCreek be liable to You for any loss of profits, goodwill or reputation or business interruption, or for any indirect, consequential, exemplary, incidental or punitive damages, including any indirect or consequential losses, even in case when we have been advised of the possibility of such damages.

Notwithstanding the other provisions of these Terms, if PlayCreek is found to be liable to You for any damage or loss which arises out of or is connected with your use of the Applications or any Content, Our liability shall not exceed 100,00 US Dollars.



Indemnity

You agree to defend, indemnify, and hold PlayCreek, its directors, employees and agents, harmless from and against any liabilities, damages, claims, losses and expenses, including, without limitation, legal fees and accounting expenses, arising out of or in any way connected with User Content that you submit to Us, your access and usage of Our Service or PlayCreek Content, or your violation of these Terms.



Jurisdiction and Dispute Resolution

Please contact us at support@playcreek.com to report and resolve any concerns. Most such concerns may be resolved quickly and without raising a legal action. You agree that the laws of the Russian Federation, with no regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and PlayCreek.



Miscellaneous

These Terms form the entire and exclusive agreement between PlayCreek and You connected to Our Service, Applications and Content. These Terms supersede and replace any and all prior oral or written agreements between PlayCreek and You connected to Our Service, Applications and Content.

The failure of PlayCreek to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.



These Terms were last updated on April 7, 2014


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