Unless otherwise agreed, these General Terms of Service (the "Terms") will apply to your use of all services provided by Pley AB, reg. no 559074-0659, Magnus Ladulåsgatan 3 118 63 Stockholm, ("Pley", "we", "us" or "our") via our website at www.pley.com (the "Platform" or "Service"), through which you can access content, games, and other in-game services (collectively "Games"). In these Terms, registered users and guest users of the Platform are jointly referred to as "User" or "you".
Any reference herein to the "Terms" shall further include our Privacy Policy and any other documents, rules, policies and procedures that may be published and updated by Pley from time to time on our Platform. By using the Service, you agree to the Terms, confirm that you fully understand the meaning of the rights and obligations in these Terms and that you will only use the Service for its intended purpose. If you do not want to be bound by these Terms you may not use the Service.
These Terms, including any Additional Terms (as defined below) provided by Pley, constitutes the entire agreement between you and Pley. Pley reserves the right, in accordance with Section 15 below, to update and amend the Terms (including any Additional Terms) from time to time.
These Terms may also apply to any additional services provided by Pley that include or display these Terms (such additional services shall be included in any reference herein to "Service" and/or "Platform").
Pley and you are collectively herein referred to as the "Parties".
The Service offered by Pley consists of providing access to the Platform through which Users may access and play Games, developed and owned by third parties ("Developers"), via the Platform. The User may access the Games via the Platform directly in the browser, without any installations or subscription requirements.
The access and use of the Platform is free of charge which also applies to the Games in general, however certain Games may offer in-game purchases. In these Terms any purchase of in-game content shall herein be referred to as a "Transaction".
Any Transaction made by you shall be deemed an electronic agreement between you and Pley and/or you and the Developer providing the Game on our Platform. However, Pley shall in any event be considered as the merchant of record for any Transactions made by you via the Platform meaning that you acquire the content included in a Transaction from Pley and that the Games, including any in-game content, are licensed to you by the Developers pursuant to Section 5.2 below.
Separate terms may apply, in addition to these Terms, for specific Transactions made by a User via the Platform ("Additional Terms"). If such specific Additional Terms are provided by a Developer, and should such terms be inconsistent with these Terms, these Terms will control. However, should such Additional Terms be provided by Pley, and should such terms be inconsistent with these Terms, such additional terms provided by Pley will control.
Certain features of the Service will be available to you simply by accessing the Platform as a guest ("Guest User"). To access certain other features on the Platform such as for example making in-game purchases in the Games (if available) or accessing certain Games subject to recommended age limitations etc., you will need to register for a personal user account on the Platform ("User Account").
To use the Service a Guest User you must be at least thirteen (13) years old and accept these Terms. However, in order to register for a User Account, you must at least be eighteen (18) years old, have legal capacity and accept these Terms. In the event that the conditions in this Section 3.2 are not fulfilled, or if you do not accept these Terms, you must reject these Terms and thereby decline the use of the Service.
The User represents and warrants that the information provided to Pley upon use of the Platform and/or registration of a User Account is accurate and truthful.
User undertakes not to disclose its username and password to its User Account to any unauthorized person and to ensure that any documents containing username or password information to the User Account are stored in such a manner that unauthorized persons cannot access them. User shall promptly notify Pley if it suspects that unauthorized persons have accessed its User Account or if such persons know the User's username and/or password. The same applies to cases where the User in some way has made it possible for unauthorized persons to access usernames and/or passwords, e.g. by loss of memory note or similar. The notification is considered submitted to Pley when the User has received confirmation of receipt of the notification.
Pley, the Distributors and our other licensors will not be liable for any loss that you may incur as a result of any unauthorized persons using your User Account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password as a result of your negligence or breach of these Terms.
Our Service and certain Games may include the possibility to submit, upload, post, publish display or otherwise handle materials such as text, message, comments, pictures, video, data, link and other information. Users use of such features must comply with any guidelines specified in these Terms and/or any Additional Terms (if applicable). You may notify Pley and/or the Distributor of any material on the Platform or in a Game that does not comply with such guidelines.
You are solely responsible for any content submitted by you on the Platform or in the Games and the consequences of posting or publishing such content. Users shall have the sole responsibility toward each other and indemnify and hold Pley, the Distributors and our other licensors harmless in the event of any claim between Users or third parties in relation to submitted material by Users on the Platform and/or in the Games.
By submitting any content in Games or on our Platform you hereby guarantee that such action will not cause us, the Distributors or our other licensors to infringe the rights of any third party or to be in breach of any applicable laws or regulations. You hereby acknowledge and agree to compensate us and our licensors for any losses we suffer as a direct result of any breach by you of any of the guarantees made by you according to this Section 4.3.
By submitting content on the Platform or in the Games pursuant to this Section 4, you hereby grant us, the Distributors, our other licensors and subcontractors a worldwide, perpetual, non-exclusive, royalty-free license to use, reproduce, modify, transfer, make available, copy, monitor, remove, publish, create derivative works from, publicly display and/or edit the submitted materials, or parts of it. For the avoidance of doubt, Pley, the Distributors and our other licensors hereby reserves the right to, in our sole discretion, and without having to obtain any form of consent from you, make any reasonable changes or modifications to the submitted content that Pley, the Distributors or our licensors deems necessary.
User is responsible for ensuring that:
Pley, the Distributors and our other licensors reserve the right to, in our sole discretion, remove all or segments of your submitted content on the Platform and in the Games that does not comply with these Terms, Additional Terms (if applicable), applicable laws or regulations. Changing or removing content on the Platform does not entail the User of a refund of paid fees, if any.
User is solely responsible for ensuring that the terms in this Section 4 are not violated. Pley, Distributors or our other licensors have no obligation to take any action against a User in relation to any submitted content in the Service or in the Games that violates these Terms or any Additional Terms (if applicable).
When accepting these Terms, and subject to the User's compliance with these Terms and any Additional Terms (if applicable), Pley grants the User a limited, non-exclusive, non-transferrable, limited license to use the Service as a User in accordance with these Terms and any Additional Terms (if applicable).
When accepting these Terms, and subject to the User's compliance with these Terms and any Additional Terms (if applicable), the Distributors grant the User a limited, non-exclusive, non-transferrable, limited license to use their respective Game(s) via the Platform as a User in accordance with these Terms and any Additional Terms (if applicable).
Except as expressly granted in these Terms or any Additional Terms, you shall have no other rights to the Service or the Games. All right, title and interest in and to the Service, Games and the content therein (excluding your submitted content pursuant to Section 4, if any), not expressly granted, are reserved and retained by us, the Distributors or our other licensors and will remain the exclusive property of Pley, the Distributors and/or our other licensors.
The User hereby agrees not to, for example, but not limited to:
The User's right to use the Service and Games only permits the User to use it in a way that do not conflict with these Terms and any Additional Terms (if applicable). If Pley or the Distributors suspect that the User is using the Service or Games in a way that conflicts with these Terms and/or any Additional Terms, or in a way that Pley or the Distributors considers as a non-normal use, Pley or the Distributors may limit or terminate the User's access to the Service or the Games with immediate effect in accordance with Section 18.
In case of breach of this Section 6, the User shall be obliged to pay to Pley and/or its Distributors a compensation for all direct and indirect losses caused by the User.
You acknowledge that we are not responsible for the accuracy of the information shown, displayed or otherwise made available by a third party, a Distributor, another User or otherwise and that reliance on such material is expressly at your own risk. We accept no liability for direct or consequential loss arising as a result of the accuracy, timeliness, completeness or usefulness of information available on or through the Platform (including the Games).
The Service may contain links to third party websites which are not operated or controlled by us. You acknowledge and agree that we are not responsible for and do not endorse their content or its accuracy and such services may be subject to their own terms and conditions.
You acknowledge that any arrangement made between you and a Developer or any third party named in the Service is at your sole risk and responsibility.
All processing of personal data by Pley is carried out in accordance with the current data protection legislation and in accordance with our applicable Privacy Policy found here.
In order for us to provide you with the Service, we must process your personal data. When providing us with personal data, you give your consent to us to collect and use your personal data for the purposes specified in our Privacy Policy.
We are not responsible for the privacy practices of the Developers or any other third-party services, applications, websites or services that we link to or that are distributed via our Service. You should ensure you read their privacy policies carefully before using Games, applications, websites or services.
For the avoidance of doubt, no subcontractors or third-party engaged by Pley to provide the Services will have access to any personal data provided by you to Pley.
Pley, the Developers and/or our other licensors owns any and all rights, including intellectual property rights whether registered or not, to the Service, the Games and the software used for providing the Service and/or the Games, and nothing in these Terms or any Additional Terms (if applicable) shall be interpreted as a transfer of such rights (or part of such rights) to any User. The User shall not during or any time after the expiry of these Terms (whether in whole or in respect to support only) in any way question or dispute such ownership by Pley or such mentioned other party.
For the avoidance of doubt, Pley or the Developers claims no ownership or control over content submitted by a User on the Platform via its User Account or in the Games pursuant to Section 4, regardless of whether such content has been changed or modified by Pley in accordance with these Terms.
As a User of the Service and Games, you are solely responsible to ensure that your use of the Service and the Games is in accordance with (i) its intended use, (ii) these Terms, any Additional Terms (if applicable) and (iii) our and/or any of our Distributors' (if relating to such Distributor's Game) instructions and guidelines, as provided to you from time to time. You may only use the Service and the Games at your own risk. Pley, the Distributors and our other licensors, reserves the right to suspend a User's access to the Platform or a specific Game in the event Pley, the Distributors or our licensors, acting reasonably, deems such User to be in breach of these Terms and any Additional Terms (if applicable).
You agree to indemnify, defend, hold us, our directors, officers, employees, affiliates, agents, contractors, the Distributors and our other licensors, harmless from and against all claims, losses, or demands of liability, including but not limited to reasonable attorney's fees and costs in connection with any claim arising out of your use of the Service, the Games and/or your violation of these Terms or any Additional Terms (if applicable).
Our intention is that the Service shall be available at all times and we strive to correct any errors and deficiencies without undue delay. By accepting these Terms, you confirm that Pley does not guarantee that the Service (or parts of the Service) will be provided without interruptions, disturbances, delays or other errors.
The Developers' intention is that its respective Game(s) shall be available at all times via the Platform and the Developers strive to correct any errors and deficiencies without undue delay. By accepting these Terms, you confirm that Developers do not guarantee that the Games (or parts of the Games) will be provided without interruptions, disturbances, delays or other errors.
The Service and the Games are provided "as is" without any warranties of any kind from Pley or the Developers, whether expressed or implied, as to the accessibility, quality, suitability, accuracy, etc. of the Service and/or the Games.
Pley and the Developers hereby disclaim, to the extent permitted by law, from liability for any direct and indirect damages suffered by you as a User or any third-party in connection with the use of or obstruction in the use of the Service and/or the Games, regardless of how the damage occurs and whether the damage is caused by negligence or breach of contract on our or the relevant Distributors part.
We or the Distributors will not accept any liability for any loss or damage suffered as a result of events beyond our or our Distributors' control, which events we reasonably could not have anticipated at the time these Terms were accepted and whose consequences we could not reasonably have avoided or overcome.
Our, and a Distributor's, maximum aggregate liability to you is limited to SEK 1,000. We and the Distributors expressly exclude all liability to any third party.
Pley is responsible for providing maintenance and support for the Service (i.e. the Platform and the User Account) only, or as required under applicable law. For any questions regarding the Terms, or any question, complaint or claim relating to the Platform, please contact Pley at [email protected].
Developers are responsible for providing maintenance and support for their respective Games. For any question, complaint or claim relating to the Games, please contact the relevant Developer at the contact information provided by Developer upon a Transaction or as made available at the website of the relevant Developer providing the Game.
We communicate with you and other parties involved in our Service in various ways (both online and offline). Our communication methods include, but are not limited to, communication via the internet, by e-mail, via our Service (in the User Account) and other digital tools as available from time to time. While these are effective means of communication, they contain security and confidentiality risks and we do not accept any responsibility or liability for any loss or damage suffered as a result thereof.
Pley may use subcontractors for the performance of the Service and its obligations under these Terms and the User hereby accepts such use of subcontractors. Pley shall however remain responsible for the performance of such subcontractors as for its own.
These Terms may be amended by us from time to time in our sole discretion. The latest version will always be available on the Platform and we therefore advise you to review the Platform periodically for any changes. A copy of the latest version of these Terms will be sent to you upon your request.
The modified Terms will be effective immediately upon the next use of the Service. However, we will notify you by message in the User Account or by e-mail to the address provided upon registration thirty (30) days in advance of any material changes taking effect. Your continued use of the Service after amendment(s) of these Terms with immediate effect and/or subject to a notification pursuant to this Section 15.2, constitutes your agreement to be bound by such amendment(s).
We may, at our sole discretion and at any time, alter, modify, correct, amend, and make all other changes to the Service, as well as to remove access to or terminate the Service, without prior notice or any liability to you.
Certain Games may from time to time offer in-game purchases, which in each event will be subject to your acceptance thereto. Purchases made in the Games may be free of charge, while others are provided for a fee. The fee for each purchase in a Game, may vary and is specifically set out during the last step of the payment process, which you must accept in order to get access to the relevant Game content that you wish to purchase.
Payment of the Fees shall be made with the payment options available at any given time through the Platform. Payments are managed by our third-party payment providers. We do not handle any payment data for such payments, including for example credit card details.
Unless otherwise expressly stated in writing, each Party shall be responsible for payment of any and all taxes, fees and other charges arising for such Party in connection with the provision or purchase of Service and pursuant to these Terms.
The Terms or any Additional Terms do not exclude, limit or otherwise restrict the rights vested with consumers under applicable consumer law and shall not be construed as such.
Consumers have a statutory right of withdrawal in accordance with the Distance and Off-Premises Contracts Act (Sw. Lag (2005:59) om distansavtal och avtal utanför affärslokaler). However, Transactions pursuant to these Terms are digital content not supplied on tangible media. The right of withdrawal vested with consumers does not apply to such digital content. If you as a consumer conduct a Transaction, you acknowledge and expressly agree that you will lose your right of withdrawal as soon as receive the content in such Transaction. Our payment service providers may have their own terms and conditions which apply to purchases of content made via such third-party providers, please review such third party's terms and conditions before making a Transaction.
Pley and the Developers reserve the right, in their sole discretion and without prior warning, to terminate your User Account, terminate and/or limit your right to access and use the Service and Games without liability for any damages in relation to you.
You can simply choose to stop using the Service and Games at any time. You can also choose to delete your User Account by following the instructions in the account settings on the Platform. Should you choose to delete your User Account, you may still be allowed to use a limited part of the Services as a Guest User. These Terms will apply until you cease to use the Service either as a Guest User or as a registered User via a User Account.
In the event of termination of these Terms, Sections 8 (Data Protection), 9 (Intellectual Property), 11 (Limitation of Liability) and 19 (Governing Law and Dispute Resolution) shall continue to be valid in accordance with what is stated therein after termination of the Terms.
If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission by us to enforce our rights under the Terms shall not be regarded as a waiver of such rights.
These Terms and all issues in connection with them or the use of our Service and the Games shall be governed by and construed in accordance with the substantive laws of Sweden, without respect to conflict of law principles.
If you want to make a claim regarding the Service and/or the Games, you may contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämden), at Box 174, 101 23 Stockholm, or on their website www.arn.se.
Any dispute, controversy or claim arising out of or in connection with these Terms, any Additional Terms or the breach, termination or invalidity thereof, or regarding our Service or any Games, shall be finally settled by the Swedish courts, with the Stockholm district court (Sw. Stockholms tingsrätt) as the court of first instance.
