Autumn Interactive & Playtato Terms of Service
EFFECTIVE OCT 11, 2019
Autumn Interactive develops and publishes social games for the web and mobile devices (the “Service”). In this Privacy Policy, “AI” refers to Autumn Interactive Pte Ltd. and its “Affiliates” which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. Playtato is one of the Autumn Interactive Products, provided to you by Autumn Interactive Pte Ltd. We may also refer to Autumn Interactive as “AI”, “Playtato”, “we”, “our” or “us”.
The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between Autumn Interactive, as defined below and yourself ("you") and your use of Autumn Interactive’s products and social games for the web, mobile or any other applicable platforms and/or devices (the “Service”). By accessing or using Autumn Interactive’s Services and accepting these Terms, you agree that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
AI reserves the right, in its sole discretion, to revise or modify these Terms, our Privacy Policy including any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs, such as the AI Rewards Rules, Promotion Official Rules and Infractions Terms, that we may publish which apply to your use of those specific services and state they are part of these Terms (“Additional Terms”) (the Terms, Privacy Policy and Additional Terms collectively shall be referred to herein as “AI’s Terms”), at any time by posting the amended AI’s Terms on or within the Service, and you agree to be bound by such revisions or modifications. In addition, AI may terminate these Terms in its sole discretion at any time. Users are responsible for viewing the AI’s Terms periodically. Your continued use of the Service after a change or modification of the AI’s Terms has been made will constitute your acceptance of the revised AI’s Terms. If you do not agree to AI’s Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you use our Service, you must follow all AI’s Terms that may apply. If you access the Service from a social network or download the Service from another platform or applications stores, such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google, you must also comply with its terms of service/use as well as the AI’s Terms.
You understand that the Service is evolving. You may be required to accept updates to the Service, and to AI’s games which you have installed on your computer, mobile device or any other device. You acknowledge that AI may perform these updates remotely and agree that AI may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play AI’s games. We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or any particular game or part of the Service; terminate or suspend your license to use the Service or any part of it; modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some and all users of the Services. If that happens, AI is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for virtual goods previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in the AI’s Terms.
To access or play our games you must create an account with AI (an “Account). You may access the Services via the website, your account in a social network, like Facebook, or, if you are using our mobile Service, an account with the company that provides your mobile applications, such as an Apple account. You may need to update third party software from time to time to receive the Service and/or updates and play AI’s games. During the process of creating an Account to access the Service, you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
AI reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party’s rights.
You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile picture.
Any personal information you provide to us when creating or updating your Account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with AI’s Privacy Policy (as further detailed below), Additional Terms and any applicable laws. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.
You may stop using the Service at any time and may request that we stop making active use of your data at any time by following the instructions in the Privacy Policy. Unless the applicable law where you are located requires otherwise, we are not required to provide refunds, benefits or other compensation if you request deletion of your Account.
Subject to your agreement and continuing compliance with the AI’s Terms, AI grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Service using a AI supported web browser or mobile device. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. The AI’s Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. You hereby acknowledge that your license to use the Service is limited by the AI’s Terms, and, if you violate or if, at any point, you do not agree to any of the AI’s Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service.
AI MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND PLAYTIKA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.
Without limiting any other remedies, AI may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Terms, of the terms of other application stores or platforms (such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google), illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), AI’s games, or AI’s intellectual property as determined by AI in its sole discretion. You may lose your user name, password and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of AI for any damage that may result from the foregoing, and AI is under no obligation to compensate you for any such losses or results. If you have more than one Account, AI may terminate all of your Accounts. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY PLAYTIKA GAME IS A VIOLATION OF PLAYTIKA POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
For some AI Services, you may not use the Services if you are under 13 years of age, in which case you must not create an account, access, use or download such games and/ or submit any personal information through the Service or to AI. However, if you are between 13 and 18 years of age, your parent(s) and/or legal guardian(s) must also review and agree to these Terms and permit you to access and/or use our Services. At our sole discretion, we may require proof that you meet this requirement for age (“Age Guidelines”) in connection with use of the Services. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (as defined below) acquired through your use of the Services.
In addition to the foregoing, AI may selectively remove, revoke or modify Benefits associated with your Account. "Benefits" mean any benefits, privileges, items, licensed rights granted, earned, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed or revoked from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.
You acknowledge that AI is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or modifying Benefits associated with your Account. In the event that AI terminates your Account, you may not participate in any of the Services again without AI’s express permission. AI reserves the right to refuse to keep Accounts for and provide access to the Service or other services to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: help@playtato.com or submit a ticket via the applicable support channel of the game.
WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT PRIVACY@PLAYTATO.COM.
You agree that any content published by you through the Service is done so through the use of technology and tools provided by AI. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that the publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of AI. You grant AI the right to act as an agent on your behalf as the Service’s operator.
Any communications, messages, posts, comments, chats, images, sounds, and all the material, data, text, graphics, photographs, videos, location information, or any other content, and their selection and arrangement, uploaded or transmitted through an AI game, or any other Communication Channel (as defined below) of the Service by any user, including, but not limited to, your name, profile picture, voice, likeness, biographical information and game records ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by AI (as further detailed below). Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload, post or otherwise transmit via the Service. AI shall not bear any responsibility for any of the abovementioned content and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
You hereby grant AI and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use of the User Content you may submit. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). The license you grant us to use User Content (except any content you submit in response to AI promotions and competitions or any other content specifically solicited by AI) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by AI in accordance with its Privacy Policy. You also agree that the User Content shall not include any indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy. Further, the User Content shall not include any of the following:
AI 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 and we may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. You hereby agree that, to the maximum extent permitted by applicable law, AI 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.
If you are aware of any User Content posted in connection with the Services which violates the AI’s Terms, please contact us at support@playtato.com or submit a ticket via the applicable support channel of the game. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Notices". Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the application or remove specific User Content.
The Service may provide communication channels such as but not limited to fan pages, forums, blogs communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users and post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics. AI cannot guarantee that other members 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 and/or don’t want others to use, do not post it on the Service.
AI shall have no responsibility to evaluate or use any ideas or information you may choose to submit and such data shall be treated as non-confidential and non-proprietary. AI is under no obligation to monitor these communication channels but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. AI may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by AI, and these communications should not be considered reviewed or approved by AI.
You will be solely responsible for your activities within the Communication Channels and under no circumstances will AI be liable for any activity within the Communication Channels. You agree that AI may use, sell, exploit and disclose the comments, feedback, suggestions, concepts, ideas, know-how or techniques contained in any communications you provide in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. AI is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users, including without limitations, member’s misuse or misappropriation of any content or information you post in any Communication Channels. If you become aware of misuse of the Service by any person, please contact us at support@playtato.com. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be disclosed:
(i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena);
(ii) to satisfy any applicable laws or regulations
(iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction;
(iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and
(v) in order to protect the rights or property of AI, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access and disclosure.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or AI games. AI reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release and hereby agree to indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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 disputes, including damages for loss of profits, goodwill, use or data.
In order to encourage users to succeed in our game, we may publish data relating to the most successful users in the game according to various categories of users and statistics, as set upon our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.
There is never any requirement to make any purchase of any kind to use the Service. The Service may include an opportunity to earn or purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses and/or chips all for use in the Service ("Coins") or virtual in-game items or collections (together with the Coins, “Virtual Items”). A certain number of Coins will be made available to you to collect when you log into the Service at recurring time intervals. If you exhaust your supply of Coins, you may elect to purchase additional Coins and continue to play the games through the Service or you may wait until additional free Coins are available to you. Coins and other Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out in greater detail below.
If you wish to purchase Coins or other Virtual Items, you will be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from AI or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any AI game, whether “awarded” in a game or “purchased” from AI, or any other attributes associated with an Account or stored on the Service.
Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in AI's sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside the Service, or attempt to sell, give or trade in the "real world" anything that appears or originates in the Service unless otherwise expressly authorized by AI in writing. We won’t recognize those transfers as legitimate. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without AI’s written permission. Doing so is a violation of these Terms and may result in termination of your Account and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicense able license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with the use of the Services or stored within the Services.
AI retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and AI shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, AI may selectively remove or revoke Virtual Items associated with your Account upon its sole discretion.
Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. AI does not recognize any purchases or transfers made outside of the Service on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the game.
We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason or revise the pricing for the Virtual Items at any time. You can get a limited license to Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. Virtual Items purchased in our games on other applications stores or platforms such as but not limited to Facebook, Apple iOS, or Android will be subject to those platforms’ payment terms and conditions. AI does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms’ terms of service for additional information. Your order for Virtual Items will represent an offer to us to obtain a limited license for the relevant service(s) or virtual in-game item(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card or other account through which you paid, whichever comes first.
Your limited license to Virtual Items for use in AI games is a service provided by AI that starts when we accept your payment or redemption of third party virtual currency. When you get a limited license to use Virtual Items, they will reside in your Account until discharged through use of the Service or otherwise surrendered as a result of termination of the Services in accordance with these Terms. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an Account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final.
If your Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to our payment policy. Other than charges to your Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such an event occurs, you shall immediately remit to us payment for such charge through an alternative payment method. You acknowledge that AI is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused virtual items when an Account is closed, whether such closure was voluntary or involuntary, or whether you made a payment through playtika.com, applications stores or another platform such as but not limited to Apple, Google, Facebook, or any other sites or platforms where we offer our Services.
All Virtual Items are forfeited by You if your Account is terminated or suspended for any reason, in AI's sole and absolute discretion, or if the Service is no longer available. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your Account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
You represent and warrant that you have full right and authority to use the Service and to be bound by the AI’s Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the AI’s Terms, including without limitation, the Infractions Terms located at: http://www.playtato.com/infraction-terms.
You undertake that you shall not defraud, or attempt to defraud, AI or other users, and that you shall not act in bad faith in your use of the Service. If AI determines that you do act in bad faith in violation of the AI’s Terms, or if AI determines that your actions fall outside of reasonable community standards, AI may, at its sole discretion, terminate your Account and prohibit you from using the Service.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules and Infractions Terms. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not: