This license agreement ("Agreement") is made between any individual using the Playgama Gaming Platform available at: (https://playgama.com) ("Licensee") and LeadToChanges L.L.C-FZ, The Meydan Hotel, Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E ("Company").
In addition to this Agreement, the following documents shall apply to the relations between Company and the Licensee for access, viewing and playing html5 games of the Playgama Gaming Platform on the User's device:
1. TERMS AND DEFINITIONS
1.1 Game means an interactive computer online game, which is a computer program, representing a set of data, commands, and the resulting audiovisual display images (hereinafter referred to as "data and commands"), which are activated sequentially to obtain a certain result by the Licensee, according to the scenario of the Game, without paying a fee (activated data and commands) or after payment (non-activated data and commands). The rights to use data and commands (activated and non-activated) shall be granted by Company to the Licensee under the terms and conditions set forth in this Agreement.
To ensure the rights and obligations of the parties arising hereunder, the Licensee shall reproduce a set of data and commands predefined by Company on its computer (the "Game client", if the Game client is provided for by the Game functionality), whereas a set of other data and commands (including non-activated ones) or all data and commands in the absence of the client part of the Game are hosted by Company on the servers operated by it.
1.2. Game Resources (Resources) means all servers, any software and/or databases related to the Game.
1.3. Company means LeadToChanges L.L.C-FZ, which grants a non-exclusive license to use the Game.
1.4. Licensee means an individual with the necessary legal capacity to enter into this Agreement, who is granted the right to use the Game within the limits set forth herein. The Licensee is a Party to this Agreement.
1.5. Licensee's account (account) means the Licensee's account created at the time of the Licensee's completion of the registration process in accordance with Section 2 of the Terms of Use of Playgama (https://playgama.com/termsofuse), which allows Company to consider each Licensee and provide the opportunity to log in (gain an access) using a unique username and password.
1.6. Licensee’s balance means an in-portal virtual account linked to the Licensee's account, to which the portal currency acquired by the Licensee is credited.
1.7. Rights to non-activated data and commands mean the rights provided for in this Agreement to use data, commands, and the resulting audiovisual display images of the Game and/or the Playgama Gaming Platform by activating them for the purpose to obtain a certain result provided for by the Game scenario and/or the functionality of the Playgama Gaming Platform, acquired by the Licensee after payment of the Fee. These Rights may also be obtained by the Licensee from Company for performing portal and/or in-game activities and in other cases in accordance with the procedure established by Section 5 of this Agreement.
1.8. Non-activated data and commands means portal currency and in-game assets.
1.9. In-game assets means in-game virtual values including virtual currency which provide the Licensee with gaming advantages and additional features provided by the Game scenario.
1.10. Portal Currency means the virtual currency of the Playgama Gaming Platform, intended exclusively for use on the Playgama Gaming Platform in order to gain access to additional functionality of the Playgama Gaming Platform and/or exchange for in-game assets. Portal currency is not a means of payment and is not subject to reverse conversion into cash under any circumstances.
1.11. Fee means a payment to Company for granting the Licensee the rights to use non-activated data and commands in accordance with the provisions of this Agreement. The amount of fee is determined by Company, and depends on the volume of non-activated data and commands, the right to use of which is granted to the Licensee.
1.12. Client part of the Game means the software necessary for the Licensee to participate in the Game to be installed on the Licensee's computer. The Client part of the Game shall be installed by the Licensee independently on a personal computer. The Client part of the Game can be distributed by Company and/or its authorized persons, both via the Internet and on tangible media. The Client part of the Game distributed on the Internet is provided to the Licensee free of charge, with the right for reproduction, unless otherwise provided by the provisions hereof. Copies of the Client part of the Game distributed on tangible media may be provided to the Licensee for a fee.
1.13. Playgama Gaming Platform means the online service available at https://playgama.com/.
2. ACCEPTANCE OF THE AGREEMENT
2.1. Before using the Game, the Licensee shall read this Agreement, as well as all documents that are publicly available on the account registration page or specified herein.
2.2. Upon reading the Agreement, the Licensee accepts this Agreement by clicking "Play" button or similar, which is an acceptance of Company's offer, as well as the conclusion of an agreement imposing an obligation on the Licensee to comply with the terms and conditions of the Agreement, including the Rules and Regulations applicable to the Game. The actual use of the Game is also deemed as acceptance of this Agreement.
2.3. A person who has authorized on Playgama Gaming Platform shall be deemed a proper user of the account, who obtained access to the use and management of the account through registration procedure, unless otherwise confirmed.
3. SUBJECT OF THE AGREEMENT
3.1. In accordance with the provisions of this Agreement and subject to the Licensee's compliance with its respective terms and conditions, Company shall grant the Licensee a non-exclusive license to use the Game within the limits specified herein.
3.2. The Licensee obtains the rights to use the activated and non-activated data and commands under the terms and conditions hereof.
3.3. Company's obligation to grant the rights to use non-activated data and commands shall be deemed to have been fulfilled by Company at the moment the portal currency is credited to the Licensee's balance. From that moment, the Licensee receives the rights to use the volume of non-activated data and commands corresponding to the amount of portal currency, in accordance with the terms and conditions hereof. The portal currency is credited to the Licensee's balance after the Licensor receives information from third parties (payment systems) about the payment confirmation.
3.4. From the moment the portal currency is credited to Licensee's balance, the Licensee shall not be entitled to demand a refund from Company, unless otherwise expressly provided for in this Agreement or applicable law.
3.5. The correspondence of the amount of the fee to the amount of portal currency shall be determined by Company.
3.6. Payment of the fee is not a necessary condition for the Licensee's use of Playgama Gaming Platform or the Game and shall be performed by Licensee at his discretion.
4. LIMITS OF USING THE GAME
4.1. The Licensee shall be entitled to use the Game by the following means:
4.1.1. to reproduce the Client part of the Game by installing it on a computer in order to play the Game (if the Game client is provided for by the Game functionality);
4.1.2. to use the activated data and commands of the Game to achieve the result determined by the Game scenario;
4.1.3. to activate non-activated data and commands of the Game by exchanging portal currency for in-game assets and use them, among other things, for the purposes of being able to achieve the result determined by the Game scenario faster than using the right specified in clause 4.1.2;
4.1.4. to make changes to the personal settings of the Game provided by the Game developer.
4.2. The Licensee is prohibited to:
4.2.1. distribute the Client part of the Game or its copies for commercial or non-commercial purposes, either by distributing tangible media with it, or by posting it on the Internet for download by certain individuals or the general public;
4.2.2. translate the Game into other languages;
4.2.3. distribute the audiovisual display images of the Game separately from the Game for commercial purposes;
4.2.4. distribute for commercial or non-commercial purposes, transfer to third parties the right to use non-activated data and commands provided to the Licensee for a Fee, game characters, game account and other items not expressly permitted by the terms and conditions hereof, as well as disseminate information about the intention to perform such actions;
4.2.5. transfer the granted rights to use the Game, as defined in clause 1 hereof, to other Licensees or third parties by concluding a sublicense agreement or otherwise;
4.2.6. use the Game in any other ways that are not provided for by this Agreement, the Rules and Regulations of the Game and that go beyond the normal gameplay.
5. RIGHTS TO USE NON-ACTIVATED DATA AND COMMANDS
5.1. At the request of the Licensee and if purchase of non-activated data and commands is technically possible, Company grants the Licensee the rights to use non-activated data and commands (non-exclusive license), provided that the Licensee pays a Fee (unless otherwise provided by Company).
5.2. The right to use non-activated data and commands shall be granted to the Licensee for the duration of this Agreement, unless such right has been terminated earlier, including in connection with the fulfillment of the Game scenario.
5.3. The amount of the Fee for granting the right to use non-activated data and commands in the form of additional functionality of the Playgama Gaming Platform is determined by Company and may be changed by Company unilaterally at any time without prior notice to the Licensee.
5.4. The Licensee understands and agrees that in the course of using of Playgama Gaming Platform and/or the Game Company is entitled to terminate the Licensee’s rights, including the right to use non-activated data and commands, for whatever reason, and that such event do not give rise to the User’s right to receive a refund of the previously paid Fee, unless otherwise expressly provided by the applicable laws.
5.5. Upon payment of the Fee by Licensee, Company automatically creates Licensee’s balance, which is linked directly to the Licensee's account.
5.6. The transfer of funds shall be carried out by the Licensee through supported payment systems to the bank account of Company.
5.7. If, as a result of a technical error, a malfunction of the Game and/or Playgama Gaming Platform, or deliberate actions of the Licensee, the latter was able to use non-activated data and commands in violation of the procedure established by this Agreement, the Licensee immediately notify the Playgama Gaming Platform support service about this fact and pay the Fee to Company.
5.8. The Licensee represents and warrants to Company that it has the right to use the means chosen by it to pay the Fee, without violating the laws of Switzerland and/or the applicable laws of another country of which the Licensee is a citizen, as well as without violating the rights of third parties. Company shall not be liable for any possible damage to third parties and/or other Licensees caused as a result of the Licensee's use of payment means that do not belong to it.
5.9. Company shall not be liable for any possible illegal actions of the Licensee when paying the Fee. Company reserves the right to unilaterally revoke the license for the Game and/or the rights to use non-activated data and commands, if there is a suspicion that the Licensee has committed illegal actions, until the circumstances are clarified.
5.10. Special terms of payment of the License Fee by the Licensee for the right to use non-activated data and commands by bank cards.
5.10.1. Bank card transactions shall be carried out by the cardholder or an authorized person.
5.10.2. To avoid fraud when paying with bank cards, payments made with a bank card can be verified by Company. The Licensee (cardholder) who has made such payment shall provide copies of the documents required by Company to confirm the lawful use of the bank card. If the Licensee fails to submit the requested documents within 14 days from the date of payment or if there is any doubt about their authenticity, Company shall be entitled to suspend the Licensee's rights to use non-activated data and commands until the circumstances are clarified.
5.11. The Licensee shall bear independently and at its own expense all costs associated with the transfer of funds to Company, including various fees and commissions of banks and payment system operators.
5.12. The Licensee agrees, understands and accepts the fact that the Game is not a gambling, contest or competition, or a bet. The acquisition of a license for the right to use non-activated data and commands is the implementation of Licensee’s own will and desire and is not a necessary or mandatory condition for using the Game or Playgama Gaming Platform by means specified in this Agreement.
6. THE RIGHTS AND OBLIGATIONS OF COMPANY
6.1 Company shall:
6.1.1. grant the Licensee the right to use the activated data and commands free of charge via the Internet, unless otherwise provided hereby;
6.1.2. grant the Licensee the right to use non-activated data and commands for a Fee (if purchase of non-activated data and commands is technically possible).
6.2. Company shall be entitled to:
6.2.1. at any time and unilaterally restrict, expand, change the content of the Game as a computer program, as well as to supplement, modify the Game, any of its parts, including the Client part of the Game, without prior notice to the Licensee;
6.2.2. suspend or modify the Game as a computer program, change the terms of its licensing without prior notice to the Licensee;
6.2.3. at any time suspend, restrict and/or terminate this License Agreement unilaterally in relation to the Game as a computer program for any or all Licensees, including if the Licensee fails to comply with the terms and conditions hereof or the Rules and Regulations of the Game.
7. THE RIGHTS AND OBLIGATIONS OF THE LICENSEE
7.1. The Licensee shall:
7.1.1. comply with the terms and conditions of this Agreement and other documents that are part of the Agreement without any exclusions;
7.1.2. provide reliable and accurate information at the time of registration for the purpose of creation of Licensee’s account;
7.1.3. not violate restrictions on use of the Game established in clause 4 hereof, and shall not otherwise violate the intellectual property rights of Company in relation to the Game, in particular, the Licensee has no right to copy, broadcast, send, publish, or otherwise distribute and reproduce materials (text, graphics, audio-video) contained in the Game without the written consent of Company;
7.1.4.to independently ensure the security of its accounts in the Game and prevent unauthorized use of these accounts by third parties.
7.2. The Licensee shall represent and warrant that it has all the necessary powers and authority to conclude this Agreement. In the event that the Licensee has not reached the age of majority (18 years) or has become incapable due to the occurrence of another circumstance provided for by the applicable laws, the Licensee shall be obliged to obtain the necessary permission in the form required by law from his/her parents or other legal representatives.
8. LIMITATION OF LIABILITY
8.1. The Game and the rights to use it are transferred on an "as-is" condition; Company hereby expressly disclaims all warranties and conditions, express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights, with respect to the Game.
8.2. Company shall not be liable for the Licensee's lack of Internet access, or for the quality of services provided by Internet service providers to the Licensee under agreements on provision of Internet access services, as a result of which the use of the Game or the Playgama Gaming Platform is hindered or impossible.
8.3. Company shall not reimburse the Licensee for the costs associated with the Licensee's payment of the Fee, including in the event of suspension or termination of this Agreement for any reason, unless otherwise expressly provided by applicable laws.
8.4. Company shall not be liable for any direct or indirect losses to the Licensee or other third parties caused by:
8.4.1. the use or inability to use the Playgama Gaming Platform;
8.4.2. unauthorized access by any third parties to the Licensee's personal information, including the Licensee's account, the Licensee's balance;
8.5. In all circumstances, Company's liability to the Licensee is limited to the amount of 100 euro (one hundred euro), unless otherwise expressly provided by the applicable laws.
8.6. Company shall not be obliged to provide the Licensee with any evidence, documents, etc., proving violation of the terms and conditions of the Agreement by the Licensee, as a result of which this Agreement was suspended or terminated.
8.7. The Licensee acknowledges, accepts and agrees that the Game may include various sound and/or video effects that, under certain circumstances, may cause persons prone to epileptic or other nervous disorders aggravation of these conditions, and the Licensee guarantees that he/she does not suffer from these disorders, or undertakes not to use the Game in the presence of the said disorders.
8.8. The Licensee accepts and agrees that regular and prolonged (continuous) use of a personal computer may cause various complications of the physical condition, including visual impairment, scoliosis, various forms of neuroses and other adverse effects on the body. The Licensee assures that he/she will use the Game exclusively for a reasonable period of time, with breaks for rest or other preventive care measures for physical condition, if such are recommended or prescribed to the Licensee.
9. TERRITORY AND DURATION
9.1. The Licensee shall be entitled to use the Game by means specified herein in the territories where it is available as part of the usual gameplay using standard computer tools and programs within the functionality of the Playgama Gaming Platform.
9.2. This Agreement shall be effective from the date of Your acceptance hereof online or via e-mail, and shall continue to be effective until terminated in accordance with the provisions of clauses 9.3 - 9.4.
9.3. Unless otherwise expressly provided by applicable laws, Company shall have the right (at any time without notifying the Licensee and without giving reasons) to terminate this Agreement unilaterally and without reimbursing any costs, losses or refund received under the Agreement, including in the event of:
9.3.1. removal of the Game from the Playgama Gaming Platform;
9.3.2. any (including one-time) violation by the Licensee of the terms and conditions of this Agreement or the Rules and Regulations of the Game.
9.4. The Licensee agrees and fully acknowledges that all exclusive rights to the Game, including game characters, in-game items and accessories, game coins, in-game valuables, graphics, photos, animations, video images, video clips, sound recordings, sound effects, music, text content and other components of the Game, belong to the respective rights holders.
9.5. The Licensee acknowledges, accepts and agrees that any element of the Game, in particular, any game characters, are an integral part of the Game as a computer program and are protected by copyright. Although the Licensee is granted the right to use activated data and commands and may be granted the right to use non-activated data and commands, and it is allowed to control such game characters in the course of using the Game, including the development of such characters according to the Game scenario, such control and development of the character shall not and cannot be regarded under any circumstances as a transfer and/or assignment of the intellectual property rights in respect of this game character from Company to the Licensee. This control and development of game character also shall not, and cannot be regarded as authorship of the Licensee in relation to the game character. and/or co-authorship of the Licensee and the rights holder of the Game in relation to the game character.
9.6. This Agreement shall not provide for the assignment of any exclusive rights or the grant of an exclusive license for any component of the Game from Company to the Licensee, or the assignment by the Licensee of the rights to use the Game.
9.7. If the Licensee, in accordance with the laws of its state, is prohibited from using computer games online or there are other legal restrictions, including those on the minimum acceptable age for such software, the Licensee shall not be entitled to use the Game. In this case, the Licensee shall be solely liable for the use of the Game in the territory of its state in violation of local laws.
9.8. This Agreement may be amended by Company without any prior notice. Any amendments to the Agreement made by Company unilaterally shall enter into force on the date of publication of such amendments on the Company website, unless otherwise specified in the Agreement. The Licensee undertakes to independently review the Agreement for amendments. Failure by the Licensee to review the Agreement and/or the amended version of the Agreement cannot serve as a basis for the Licensee's failure to fulfill its obligations and the Licensee's failure to comply with the restrictions established by the Agreement.
9.9. The invalidity of one or several provisions of the Agreement, recognized under the established procedure by a court decision that has entered into force, does not entail the full invalidity of the Agreement for the Parties. In the event that one or more provisions of the Agreement are recognized as invalid in accordance with the established procedure, the Parties undertake to fulfill their obligations under the Agreement in a manner that is as close as possible to the provisions implied by the Parties at the time of conclusion of the Agreement and/or making agreed amendments to the Agreement.
9.10. This Agreement and the relations of the Parties in connection herewith and the use of the Game shall be governed by the laws of Switzerland.
9.11. All disputes between the parties hereunder shall be resolved through negotiations using the mandatory pre-judicial (mediation) procedure. If it is impossible to reach an agreement between the parties through negotiations within 60 (sixty) calendar days from the date of receipt of the written claim by the other Party, the dispute is subject to the exclusive jurisdiction of the ordinary courts in Lucerne, Switzerland.
Date of publication: 12.06.2023 Terms of Use of Playgama
© 2023 LeadToChanges L.L.C-FZ, The Meydan Hotel, Grandstand, 6th floor, Meydan Road, Nad Al Sheba, U.A.E (https://playgama.com/)