DATE LAST MODIFIED: February 17, 2022. These are the Terms of Service.
PLAYSTUDIOS US, LLC, a Delaware limited liability company (“PLAYSTUDIOS”), develops casual casino-style applications for mobile and social platforms offered through various means, including our mobile applications and our Facebook® (“Facebook”) application (collectively, “Applications” and each game individually, an “Application”). These Applications may play differently than similar looking games found in actual casino environments. Therefore, any success with PLAYSTUDIOS Applications should not imply future success in real money gambling.
IMPORTANT NOTE: These Terms of Service contain a Dispute Resolution and Arbitration provision, including a Class Action Waiver provision that affects your rights under these Terms and with respect to disputes you may have with PLAYSTUDIOS. You may opt out of the binding individual arbitration and class action waiver as provided below.
PLAYSTUDIOS has been granted exclusive rights to use MGM Resorts International Brands for social and mobile applications.
These Terms of Service (“Terms”) are a legal agreement between you (“you” or “your”) and PLAYSTUDIOS. By downloading and installing one of the many Applications and using such Applications in connection with other services provided by PLAYSTUDIOS or otherwise access through the use of the Applications (such services and the Applications collectively, the “Service”).
You agree that you have read, understood, accept and agree to be bound by these Terms. By using the Service or by clicking “accept” to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our privacy notice, found at www.playstudios.com/privacy-policy/ (“Privacy Notice”), incorporated in these Terms by reference. If you do not agree to these Terms, you must not access or otherwise use the Service.
PLAYSTUDIOS reserves the right, from time to time in its sole discretion, to modify or change these Terms at any time by posting the changes on or within www.playstudios.com (the “Website”), the Applications or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. PLAYSTUDIOS may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that PLAYSTUDIOS may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
PLAYSTUDIOS reserves the right to withdraw or amend the Service and any rewards programs in our sole discretion without notice. PLAYSTUDIOS will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, PLAYSTUDIOS may restrict access to some parts of the Service, or the entire Service, to you or other users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Service.
You agree and acknowledge, as a condition to participating in the Service, that Facebook does not sponsor, endorse, administer, and is in no way associated with the Service. All questions regarding the Service must be directed to PLAYSTUDIOS, not Facebook. You also agree that as a condition of participating in the Service you shall release Facebook from any and all liability arising out of your participation in said Service.
PLAYSTUDIOS will only use personal information that you provide in connection with your use of the Service in accordance with the terms of our Privacy Notice available within the Applications. By accessing or using the Service, you consent to the collection, use and storage of your information as outlined in the Privacy Notice. Questions regarding privacy issues should be directed to our customer service department.
To make full use of the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address or Facebook Login (defined below) associated with your registration; provided, some Rewards Partners (defined below) may require you to be at least 21 years old in order to participate in their rewards program or redeem Virtual Items (defined and explained further below). By using the Service, you represent and warrant that you are of legal age to form a binding contract with PLAYSTUDIOS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service. At our sole discretion, we may require proof that you meet the eligibility criteria set forth above in connection with your use of the Service. Failure to comply with such eligibility criteria will result in the closing of your Account (defined below) and the loss of all Virtual Items (including Loyalty Points) (defined below) accumulated through your use of the Service.
Access to the MGM Resorts International MGM Rewards Program (as further described below) is restricted to persons who are 21 years of age or older. Therefore, if you use the Service in connection with an MGM Rewards account, you represent and warrant that you are 21 years of age or older. Other PLAYSTUDIOS rewards partners (collectively with MGM Resorts International “Rewards Partners”) may restrict certain rewards to persons who are 21 years of age or older. It is your responsibility to ensure that you meet the applicable age eligibility requirements for any reward you purchase.
You may use the Applications anonymously, but in order to access and use the rest of the Service (including, but not limited to accumulating, purchasing and redeeming Loyalty Points, Virtual Items and Rewards (defined below)) and to post any User Content (defined below), you must create an account (“Account”) with PLAYSTUDIOS by registering with your email address or accessing the Service through your Facebook account (your “Facebook Login”).
When you register through your Facebook Login, you will be asked to login with your Facebook log-in credentials (“Facebook Password”) and, if applicable, configure your privacy settings in your Facebook account to permit your activities on the Service to be shared with your contacts in your Facebook account (as further detailed in our Privacy Notice). By creating an Account via your Facebook Login, you are allowing PLAYSTUDIOS to access your Facebook account information and you acknowledge and agree that your use of Facebook is governed by the terms and conditions of Facebook’s terms of service, data policy and community standards, including, without limitation, Facebook’s password and account security policies (collectively, “Facebook Policies”).
By creating an Account with PLAYSTUDIOS through your Facebook account, you agree to comply with the Facebook Policies and the rules set forth below to protect the security of your Account and Facebook Login. For the purposes of these Terms, references to your Facebook Login shall include any account and account information, including usernames, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service:
You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument by minors. If you are a member of MGM Resorts International MGM Rewards, you may link your Account for the Service to your MGM Rewards account. To do so, you must visit a participating MGM Resorts International property in person and provide your Application and MGM Rewards information. To link your use of the Services to your MGM Rewards account you must have an active, valid MGM Rewards account and have been issued an MGM Rewards Players Club Card at a participating MGM Resorts International property. You certify that you are at least 21 years old and acknowledge and agree that your participation in the MGM Rewards program is subject to the MGM Rewards Program rules and the MGM Resorts International Privacy Policy.
Any personal information you provide to us, which may include your name, birth date and email address, will be held and used in accordance with PLAYSTUDIOS’s Privacy Notice. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes. From time to time, other Rewards Partners may institute programs that require you to link your Account to an account sponsored by such Rewards Partner. If you choose to participate in such programs, you hereby agree to comply with all applicable Reward Partner rules, policies, and terms and conditions.
Your username, password, or any other piece of information that you choose or are provided in order to create an Account must be treated as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared mobile device so that others are not able to view or record your password or other personal information. PLAYSTUDIOS has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
To use the Service you must have a computer with a web browser or a mobile device that is compatible with the Applications. PLAYSTUDIOS does not warrant that the Applications will be compatible with your mobile device. If you decide to use the Service, you do so subject to your agreement and compliance with these Terms, the Privacy Notice, the MGM Rewards Rules and MGM Privacy Policy (if applicable), and applicable terms and conditions of the rewards programs offered by our other Rewards Partners,
PLAYSTUDIOS hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Applications for one registered account on one mobile device owned or leased solely by you. PLAYSTUDIOS also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Applications. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Applications or any other part of the Service, and must refrain from using it.
You may not:
You acknowledge that PLAYSTUDIOS may from time to time issue upgraded versions of the Applications, and may automatically electronically upgrade the version of the Applications that you are using on your mobile device, but that PLAYSTUDIOS has no obligation to do so. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms, as amended from time to time, will apply to all such upgrades. The foregoing license grant is not a sale of the Applications or any copy thereof, and PLAYSTUDIOS and its third party licensors or suppliers retain all right, title, and interest in and to the Applications (and any copy of the Applications). Standard carrier data charges may apply to your use of the Applications.
From time to time, during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-Application items; or (b) virtual in-Application points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-Application items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Virtual Items (whether through the use of in-Application purchases or virtual points), you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. In the event PLAYSTUDIOS encounters issues with the Applications that impact the accumulation of Virtual Items, PLAYSTUDIOS reserves the right to correct any such errors. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service.
PLAYSTUDIOS prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by PLAYSTUDIOS in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-Application Virtual Items for real money, or exchange Virtual Items for value of any kind outside of an Application, without PLAYSTUDIOS’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
You acknowledge and agree: (a) that PLAYSTUDIOS may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that PLAYSTUDIOS has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items.
PLAYSTUDIOS reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that PLAYSTUDIOS shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. PLAYSTUDIOS may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. PLAYSTUDIOS owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service, including all such content owned by our Rewards Partners and their affiliates. Notwithstanding any provision to the contrary in these Terms, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in an Application or “purchased” from PLAYSTUDIOS.
You will have the opportunity to accumulate “Loyalty Points” through your use of the Service. Loyalty Points are virtual in-Application points that you can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event PLAYSTUDIOS encounters issues with the Application that impact the accumulation of Loyalty Points and/or the redemption of Rewards, PLAYSTUDIOS reserves the right to correct any such errors. If you participate in any of our Rewards Partners’ rewards programs (including, but not limited to, MGM Rewards), the Loyalty Points you accumulate through your use of the Service may be exchanged for items, services or experiences (each a “Reward”) offered by such Rewards Partners through those programs.
You may accumulate Loyalty Points by taking certain actions while using the Services. For example, you may earn Loyalty Points by posting your in-Application achievements to your Facebook account, “liking” certain aspects of the Service, playing the Applications for a specified duration, or participating in certain in-Application offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any Application you play during your use of the Services.
You may exchange your accumulated Loyalty Points for in-Application Virtual Items in the Service. You may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid Facebook account and have connected the Applications to your Facebook account. The first time you exchange your Loyalty Points for Rewards, you will be asked to provide your name and email address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service. The identification will be used by our Rewards Partners to verify your eligibility.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that Reward. After purchasing your Reward, you will have a limited period of time in which to complete a “redemption process” by following a defined “redemption method” as provided for and determined by the Reward Partners (the “Redemption Period”). After the Redemption Period has passed, the Reward will be deemed “expired” and no longer available for redemption. Your Loyalty Points will not be refunded to you if you allow a purchased Reward to expire. Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A Reward is considered “used” at the moment when it is consumed (e.g., when you check into a hotel room, eat a meal, or attend a show).
Rewards Partners may, at their discretion, place restrictions on the usage of the Rewards they offer in the Service (e.g., a minimum age requirement, Reward usage black-out dates, a limit as to the number and frequency of Rewards that may be used within a specified period of time, and the requirement to participate in the partner’s own loyalty program), which may exist independently of the Service. Redemption of Rewards are subject to the terms and provisions of the Rewards provider, including limitations on redeeming Rewards if you self-limit or self-exclude with the Reward provider or any regulatory agency, including any gaming regulatory agencies.
Because the Redemption Period, redemption method, and other terms of Rewards usage may vary, you must review the specific terms and conditions of each Reward you purchase with your Loyalty Points. PLAYSTUDIOS is not responsible for the terms and conditions of the Rewards and bears no responsibility to you for any such unread, misread or misunderstood terms. The selection and availability of Rewards is subject to change without notice and PLAYSTUDIOS makes no guarantees as to the availability of any Reward. For complete details and the terms, conditions and restrictions for any individual reward, please refer to the rewards detail found within the Rewards catalog within the Service.
Generally, at any time during the Redemption Period, you may cancel your purchase of a Reward for a full refund of the Loyalty Points used to purchase it. Once you have redeemed a Reward, either through the online reservation system available through the Service or otherwise, you may no longer cancel that Reward and you will not receive a refund of your Loyalty Points.
On rare occasions, a Reward will “sell out” or otherwise become unavailable between the time you purchase it and the time you redeem it. If you are, within the Redemption Period, unable to redeem a purchased Reward because of such unavailability, you will be eligible to receive a full refund of the Loyalty Points used to purchase that Reward. If you do not redeem or cancel a Reward during that Reward’s Redemption Period, the Reward will expire. Some Rewards are of such limited availability that our Rewards Partners may, in their sole discretion, deem them to be non-refundable. Non-refundable Rewards do not have a Redemption Period and therefore may not be cancelled for a refund of Loyalty Points after they are purchased. You are solely responsible for reading and understanding the refund terms and conditions of each Reward you purchase.
You must be 21 years of age or older at time of redemption of Rewards offered by MGM Resorts and certain other Rewards Partners. Additionally, you must enroll in the MGM Rewards program before or during redemption in order to redeem MGM Rewards. The MGM Rewards enrollment process is run by MGM Resorts International and may require you to provide MGM Resorts International with information such as your name, email address, mailing address and phone number. If you choose not to enroll in MGM Rewards after purchasing an MGM Reward, and you are still within the Redemption Period, you may cancel the Reward purchase and receive a full refund of your Loyalty Points. Once you have redeemed an MGM Reward by making a reservation with MGM Resorts International, your ability to change that reservation will be at the sole discretion of MGM Resorts International. Any such changes will not result in a change to your Loyalty Points balance.
From time to time, other Rewards Partners may require you to enroll in separate rewards programs as a condition of redeeming certain Rewards. If you choose to participate in such programs, you hereby agree to comply with all applicable Reward Partner rules, policies, and terms and conditions. Once you have redeemed a Reward with any such Rewards Partner, your ability to change that Reward may be at the sole discretion of that Rewards Partner. Any such changes will not result in a change to your Loyalty Points balance.
Rewards have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of your Account.
If you do not use your Account by logging in and using the Service at least once every 30 days, your Account will be deemed inactive. You can, at any time, reactivate your Account by logging in and using the Service. When an Account has been deemed inactive, PLAYSTUDIOS may, at its own discretion, expire any Loyalty Points accumulated by You. Once your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of PLAYSTUDIOS.
Our Rewards Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any reward program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. Any such changes may affect your ability to use the Loyalty Points that you have accumulated through your use of the Service to purchase or redeem Rewards from such Rewards Partners. You hereby agree that PLAYSTUDIOS shall have no liability to you as a result of such action of any Rewards Partner.
MGM Resorts International reserves the right to unilaterally change, amend, suspend, cancel, or terminate any aspect of the MGM Rewards program, its benefits, and/or its terms and conditions, in whole or in part, at any time, with or without notice for any or no reason. MGM Rewards members acknowledge and agree that MGM Rewards membership and its benefits, including but not limited to points, tier credits, and/or complimentary goods and/or services, are provided at the discretion of MGM Resorts International management and may be revoked, cancelled, or forfeited at any time at MGM Resorts International management’s discretion, with or without cause or notice. Any such changes may affect your ability to use the Loyalty Points that you have accumulated through your use of the Service. You hereby agree that PLAYSTUDIOS shall have no liability to you as a result of any such action by MGM Resorts International. MGM Resorts International and MGM Rewards are registered trademarks of MGM Resorts International.
Your correspondence or business dealings with, or participation in promotions sponsored by any third party providers of goods or services made available on or through the Service, your participation the rewards programs offered by any of our Rewards Partners, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party provider and solely at your own risk. You hereby release PLAYSTUDIOS (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Service. If you are a California resident, you waive California Civil Code §1542, which says: “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 settlement with the debtor.” If you are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, you hereby waive any applicable statutes of that jurisdiction.
PLAYSTUDIOS may terminate or suspend your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but not limited to, restricting your ability to use the Applications) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. PLAYSTUDIOS shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and/or the Applications and, if applicable, removing the Applications from your Facebook account. Please note that removing the Applications from your Facebook account will remove all personally identifiable information held by PLAYSTUDIOS and all of the Virtual Items (including any Loyalty Points) that you have accumulated will be lost. PLAYSTUDIOS is in no way liable to you for the effects of any termination or cancellation of your use of the Service or the Virtual Items you have accumulated.
The information presented on or through the Website is made available solely for general information purposes. PLAYSTUDIOS does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. PLAYSTUDIOS disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. PLAYSTUDIOS is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties on the Website.
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). PLAYSTUDIOS cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential, do not post it on the Service. PLAYSTUDIOS IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. PLAYSTUDIOS may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service.
By making available any User Content through the Service, you hereby grant to PLAYSTUDIOS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. PLAYSTUDIOS does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to PLAYSTUDIOS the rights in such User Content as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or PLAYSTUDIOS’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by PLAYSTUDIOS, and these communications should not be considered reviewed or approved by PLAYSTUDIOS. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that PLAYSTUDIOS will not, under any circumstances, be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content. PLAYSTUDIOS reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. Without limiting the foregoing, PLAYSTUDIOS has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS PLAYSTUDIOS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PLAYSTUDIOS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PLAYSTUDIOS OR LAW ENFORCEMENT AUTHORITIES.
You hereby agree that, to the maximum extent permitted by applicable law, PLAYSTUDIOS shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
PLAYSTUDIOS welcomes and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback HERE. You acknowledge and agree that all Feedback will be the sole and exclusive property of PLAYSTUDIOS and you hereby irrevocably assign to PLAYSTUDIOS and agree to irrevocably assign to PLAYSTUDIOS all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At PLAYSTUDIOS’s request and expense, you will execute documents and take such further acts as PLAYSTUDIOS may reasonably request to assist PLAYSTUDIOS to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, PLAYSTUDIOS or other users, and that you shall not act in bad faith in your use of the Service. If PLAYSTUDIOS determines that you do act in bad faith in violation of these Terms, or if PLAYSTUDIOS determines that your actions fall outside of reasonable community standards, PLAYSTUDIOS may, at its sole discretion, make adjustments to the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, PLAYSTUDIOS and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not
The Service may contain links to third-party websites or resources that are not owned or controlled by PLAYSTUDIOS. You acknowledge and agree that PLAYSTUDIOS is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. PLAYSTUDIOS does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by PLAYSTUDIOS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to PLAYSTUDIOS’s designated agent the following information:
PLAYSTUDIOS’ Designated Agent for claims of copyright infringement can be reached as follows: by email at support@playstudios.com or by mail at:
PLAYSTUDIOS Legal Department
10150 Covington Cross Drive
Las Vegas, NV 89144
You acknowledge that if you fail to comply with substantially all of the above requirements of this section, your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You acknowledge and agree that PLAYSTUDIOS may update the Service with or without notifying you. PLAYSTUDIOS may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. PLAYSTUDIOS conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to PLAYSTUDIOS when the problem is encountered HERE.
This Dispute Resolution and Arbitration provision facilitates the prompt and efficient resolution of any disputes that may arise between you and PLAYSTUDIOS. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Dispute Resolution and Arbitration Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Dispute Resolution and Arbitration Provision carefully. It provides that all Disputes between you and PLAYSTUDIOS (as defined below, for this Dispute Resolution and Arbitration Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions).
Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees). For the purpose of this Dispute Resolution and Arbitration Provision, “PLAYSTUDIOS” means PLAYSTUDIOS and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and PLAYSTUDIOS regarding any aspect of your relationship with PLAYSTUDIOS, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Resolution and Arbitration Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND PLAYSTUDIOS EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS DISPUTE RESOLUTION AND ARBITRATION PROVISION.
For all Disputes, whether pursued in court or arbitration, you must first give PLAYSTUDIOS an opportunity to resolve the Dispute. You must commence this process by mailing written notification to PLAYSTUDIOS Legal Department, 10150 Covington Cross Drive, Las Vegas, Nevada 89144. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If PLAYSTUDIOS does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Notwithstanding the above, you or PLAYSTUDIOS may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Dispute Resolution and Arbitration Provision by mailing written notification to PLAYSTUDIOS Legal Department, 10150 Covington Cross Drive, Las Vegas, Nevada 89144. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with PLAYSTUDIOS through arbitration. Your decision to opt-out of this Dispute Resolution and Arbitration Provision will have no adverse effect on your relationship with PLAYSTUDIOS. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Dispute Resolution and Arbitration Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or PLAYSTUDIOS may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Dispute Resolution and Arbitration Provision. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Dispute Resolution and Arbitration Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award—The arbitrator may award, on an individual basis, any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – you or PLAYSTUDIOS may initiate arbitration in either Las Vegas, Nevada or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, PLAYSTUDIOS may transfer the arbitration to Las Vegas, Nevada in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – PLAYSTUDIOS will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with PLAYSTUDIOS as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Except as otherwise provided in this Dispute Resolution and Arbitration Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and PLAYSTUDIOS specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Dispute Resolution and Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above./p>
You understand and agree that by entering into this agreement you and PLAYSTUDIOS are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Dispute Resolution and Arbitration Provision, you and PLAYSTUDIOS might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Dispute Resolution and Arbitration Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Dispute Resolution and Arbitration Provision, and the remainder of this Dispute Resolution and Arbitration Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Dispute Resolution and Arbitration Provision shall survive the termination of your service with PLAYSTUDIOS.
THE SERVICES (INCLUDING THE APPLICATIONS) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PLAYSTUDIOS, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “PLAYSTUDIOS PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE PLAYSTUDIOS PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE PLAYSTUDIOS PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT PLAYSTUDIOS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES PLAYSTUDIOS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE PLAYSTUDIOS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APPLICATIONS, REMAINS WITH YOU. NEITHER THE PLAYSTUDIOS PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PLAYSTUDIOS PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE PLAYSTUDIOS PARTIES’ AGGREGATE LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENT, EXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLAYSTUDIOS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold the PLAYSTUDIOS Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. PLAYSTUDIOS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PLAYSTUDIOS, and you agree to cooperate with PLAYSTUDIOS’s defense of these claims. PLAYSTUDIOS will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity provision will survive any termination of your Account (if applicable) or of your access to or use of the Service.
Your purchase of virtual items through Facebook is governed by Facebook’s payment terms. Facebook reserves the right to change its payment terms, in whole or in part. Facebook may also suspend, remove or disable access to the Service at any time without notice and may limit the number of transactions or volume of in-Application purchases PLAYSTUDIOS is able to accept during a given period of time. Such actions may affect your ability to access and/or use the Service. You hereby agree that PLAYSTUDIOS shall have no liability to you as a result of any such actions by Facebook. Facebook is a registered trademark of Facebook, Inc.
The following additional terms and conditions apply with respect to any of the Applications that PLAYSTUDIOS provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any of the Applications that PLAYSTUDIOS provides to you designed for use on an Android-powered mobile device (an “Android App”):
These Terms and any action related thereto will be governed by the laws of the State of Nevada without regard to its conflict of laws provisions. Except as provided in the “Dispute Resolution and Arbitration” Provision (above), the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the District of Nevada and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between PLAYSTUDIOS and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PLAYSTUDIOS and you regarding the Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without PLAYSTUDIOS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. PLAYSTUDIOS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PLAYSTUDIOS (a) via email (in each case to the address that you provided by your Facebook Login) or (b) by posting to the Service. Any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to PLAYSTUDIOS Legal Department, 10150 Covington Cross Drive, Las Vegas, NV 89144. Any notices that you provide without compliance with this section shall have no legal effect.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by PLAYSTUDIOS, 10150 Covington Cross Drive, Las Vegas, NV 89144. If you have a question or complaint regarding the Service, please contact Customer Support. You may also contact us by writing to PLAYSTUDIOS, Attn: Customer Support, 10150 Covington Cross Drive, Las Vegas, NV 89144. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
The failure of PLAYSTUDIOS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PLAYSTUDIOS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
