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Think Fast
Spot the Cards
Sexy Silvio - Paparazzi madness
Feline Frolic
Penalty Shootout
Whack the mule
Odd Spots
Cryptic Code
MEMOBONE
Pick up the Fish
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Terms Of Use
Privacy Policy
Community Guidelines
Premium Program

Terms of Use


1. Your Acceptance

 

A. Playyoo SA ("Playyoo") makes available certain features and services designed to be accessed by personal computer and mobile devices, including Playyoo's website, Playyoo's mobile website, and Playyoo's WAP site. By using and/or visiting these services (collectively, the "Playyoo Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"), (2) Playyoo's privacy policy ("Privacy Policy"), found at http://www.playyoo.com/terms/policy.html and incorporated here by reference, and (3) Playyoo's community guidelines ("Community Guidelines"), found at http://www.playyoo.com/terms/guidelines.html and also incorporated here by reference. If you do not agree to any of these terms, the Privacy Policy, or the Community Guidelines, please do not use the Playyoo Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Use (and related Privacy Policy and Community Guidelines), you should periodically review the most up-to-date version. Playyoo may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Playyoo Website

 

A. These Terms of Use apply to all users of the Playyoo Website, including users who are also contributors of games, comments, information, and other materials or services on the Website. The Playyoo Website includes all aspects of Playyoo.

B. The Playyoo Website may contain links to third party websites that are not owned or controlled by Playyoo. Playyoo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Playyoo will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Playyoo from any and all liability arising from your use, in whatsoever manner, of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the Playyoo Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Ownership

 

The Website is owned by Playyoo. The content and service provided on the Website, including graphics, code, text products, software, audio, music and design, is owned or licensed by Playyoo. Certain third party copyright materials and works are included on the Website including those works or materials belonging to licensors of Playyoo. You agree that the games, characters and objects within the games, dialogs, sounds and other materials ("Playyoo Materials") are protected by international intellectual property law. Playyoo will not be liable for any misuse and/or inappropriate use you may have with and/or on Playoo Materials and which may represent an infringement of any third party intellectual property.

4. Playyoo Accounts

 

A. In order to access some features of the Website, you will have to create a Playyoo account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Playyoo immediately of any breach of security or unauthorized use of your account.

B. Although Playyoo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Playyoo or others due to such unauthorized use.

C. You may cancel your Playyoo account by sending us a message from our contacts page.

5. Use of the Website

 

A. You are granted a limited, personal, non-exclusive, revocable, license to use the Website and to receive or download games provided on the Website. You agree that you may not download, reproduce, modify, display, perform, transfer, distribute (whether against compensation or for free) or otherwise use the Playyoo Materials, except as provided under these Terms of Use, and you agree to take all reasonable steps to prevent the unauthorised use of the Playyoo Materials.

B. No material from the Website may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Playyoo or in the case of material licensed to Playyoo the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Website.

C. Other than for User Submissions (defined below), you will not obtain any ownership interest in the Playyoo Materials, the Playyoo Service or any other materials contained on the Website, whether through these Terms of Use or otherwise.

D. You agree that your use of the Playyoo Website is for your own personal use and will not be used for any commercial purpose.

6. Your Responsibilities

 

A. You may use the Playyoo Website for lawful purposes only. You may not submit or transmit through the Playyoo Website any material, or otherwise engage in any conduct that:

  1. i. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  2. ii. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains nudity, explicit, obscene or graphic images, descriptions, or accounts of, sexual acts;
  3. iii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. iv. impersonates any person, business or entity, including Playyoo and its employees and agents;
  5. v. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  6. vi. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability under any applicable laws;
  7. vii. violates these Terms of Use, guidelines or any policy posted on the Playyoo Website; or
  8. viii. interferes with the use of the Playyoo Website by others.

B. You may not use the Playyoo Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Playyoo Website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use at any time and without prior notice. .

7. Your User Submissions and Conduct

 

A. As a Playyoo account holder you may submit game content ("User Games") and textual content ("User Comments"). User Games and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Playyoo does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Playyoo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

C. For clarity, you retain all of your ownership rights and/or licences in your User Submissions. However, by submitting User Submissions to Playyoo, you hereby grant Playyoo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute (whether against compensation or for free), display single frame representations of ("screenshots"), prepare and display short video presentations of a collection of screenshots of, transcode, display, and perform the User Submissions in connection with the Playyoo Website and Playyoo's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Playyoo Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Playyoo Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Games terminate within a commercially reasonable time after you remove or delete your User Games from the Playyoo Website. You understand and agree, however, that Playyoo may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual, irrevocable and free of charge.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Playyoo and its users all of the license rights granted herein.

E. You agree that your conduct on the site will comport with the Community Guidelines, found at http://www.playyoo.com/terms/guidelines.html , which may be updated from time to time.

F. Playyoo does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Playyoo expressly disclaims any and all liability in connection with User Submissions. Playyoo does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Playyoo will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. Playyoo reserves the right to remove User Submissions without prior notice.

G. You agree that before exclusive rights to any User Submission are granted to an entity other than Playyoo, you will remove or delete that User Submission from Playyoo. You agree to defend, indemnify and hold harmless Playyoo, its parent corporation, officers, directors, employees, agents and consultants, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any licensing or sale agreement involving the User Submission.

8. Termination

 

A. Your right to use the Website may be suspended or terminated immediately without notice by Playyoo if in its sole discretion you fail to comply with any term or provision of these Terms of Use. On termination you must destroy all materials and associated documentation obtained from the Website and all copies of such materials.

B. Playyoo reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, or defamatory material. Playyoo may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

9. Control

 

A. Playyoo uses reasonable endeavors to monitor the Website but cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice made on the Website or for any libelous, defamatory, illegal or offensive conduct by any user. You agree to notify Playyoo of any such conduct which comes to your attention. You agree that Playyoo including any appointed personnel may at any time without notice:

  1. i. move or suspend the Website, in whole or in part; and
  2. ii. disclose any material or content contained on the Website if it considers it necessary to enforce these Terms of Use.

B. Playyoo attempts to ensure that information on the site is correct. You agree, however, that under no circumstance will Playyoo be liable whatsoever for any and all errors or omissions.

10. Copyright Infringement Notification

 

A. To file a copyright infringement notification with Playyoo, you must supply a written communication supplying the following information:

  1. i. A description of the material that you believe infringes your copyright;
  2. ii. Where the allegedly infringing material is located on the Playyoo Website, including the full URL;
  3. iii. The country or countries that your copyright applies to;
  4. iv. Your full name, address, telephone number and email address;
  5. v. A statement that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
  6. vi. A statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf; and
  7. vii. A valid physical or electronic signature.
  8. viii. Send the notice, by e-mail to and in writing, to the following address:
    Copyright Officer
    Playyoo SA
    via Sorengo 1
    CH-6900 Lugano
    Switzerland

11. Costs Associated with Access to Playyoo Website and Use of Service

 
  1. i. You agree that any costs incurred, directly or indirectly, by you in accessing and using the Website including, without limitation, telecommunications costs, costs associated with loss of connection with the Playyoo servers regardless of the responsible party, costs associated with communicating with Playyoo regarding questions or issues, and costs associated with hardware or software problems caused by accessing and using the Website, are your sole responsibility. You agree that under no circumstances will Playyoo be required to pay for or reimburse any costs incurred, directly or indirectly, by you in accessing and using the Website
  2. ii. You explicitly recognize that mobile telecommunications costs, particularly roaming charges, can be significant.

12. Warranty Disclaimer

 

YOU AGREE THAT YOUR USE OF THE PLAYYOO WEBSITE SHALL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW. PLAYYOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PLAYYOO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLAYYOO WEBSITE. PLAYYOO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLAYYOO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PLAYYOO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE

13. Limitation of Liability

 

IN NO EVENT SHALL PLAYYOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLAYYOO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PLAYYOO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Playyoo in Lugano, Switzerland. Playyoo makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Playyoo Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

14. Indemnity

 

You agree to defend, indemnify and hold harmless Playyoo, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Website.

15. Ability to Accept Terms of Use

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.

IN ANY CASE NO CHILDREN UNDER THE AGE OF THE 13 SHALL BE ALLOWED TO SUBMIT INFORMATION OR OBTAIN A PLAYYOO ACCOUNT OR CONTRIBUTE USER SUBMISSIONS TO THE WEBSITE.

16. Miscellaneous

 

There will be occasions when the Website will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that Playyoo shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website. Playyoo is not responsible for any disruption whatever inherent in the operation of the Internet, World Wide Web and mobile network infrastructure, including viruses or otherwise.

 

These Terms of Use and any contracts made under them shall be governed and construed in accordance with the laws of Switzerland, without regard to the conflict laws. Courts of Lugano (Switzerland) shall be the exclusive courts of competent jurisdiction.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST PLAYYOO BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.

18. Severability and Integration

 

These Terms of Use and associated information contained on the Website contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms of Use. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

These Terms of Use and all representations, obligations, undertakings and warranties contained in them shall endure for the benefit of any successor and assignees of Playyoo

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