1.1 Subject to the terms and conditions of this EULA, playwitty grants You a limited, personal, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to use and access the Services solely for your own personal, non-commercial use, and not for the use or benefit of any third party. Except as expressly provided herein, no other license, express or implied, is granted to You, and playwitty retains all right, title, and interest in and to the Services (including all related intellectual property rights). For the avoidance of doubt, You may not use the Services for any commercial or non-personal purpose without playwitty's express prior written permission.
1.2 Playwitty may change, suspend or discontinue the Services (or any part thereof) at any time, including the availability of any feature or database, without notice or liability. In addition, playwitty may impose limits on certain features and services or restrict User’s access to the Services (or any part thereof) without notice or liability.
1.3 You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Services, and for any fees charged by third parties in connection therewith (which may involve, inter alia, service provider fees or data charges), and playwitty shall have no responsibility or obligation in connection therewith.
1.4 This EULA will also govern any future upgrades or updates or new releases provided in this Website, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
1.5 Using some of the Services may require You to register by logging in to Your Facebook account. Please note that logging in is voluntary and that on registration playwitty will receive the following information: your public profile, friend list, e-mail address and birthday date and any other data as delineated at the message presented to You at the time of registration or login. Please note that You may control the scope of information that is accessible to us by adjusting your Facebook account privacy settings. You are solely responsible for maintaining the confidentiality of your account's password and for all activities that conducted through your account, and hereby release playwitty from any and all liability concerning such activities. You shall not impersonate any person or entity or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information. You also agree to promptly notify playwitty of any actual or suspected breach of security, unauthorized use of, or access to, your account involving or relating to this WebSite. Although playwitty will not be liable for your losses caused by any unauthorized use of, or access to, your account, You may be liable for the losses of playwitty or others due to such unauthorized use or access.
1.6 You acknowledge and agree that We may also collect periodically and use technical data, content and related information, including but not limited to technical information about your device, system software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You related to the WebSite. playwitty may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide or enable services or technologies to You.
2.1 All materials and contents displayed, included, incorporated, uploaded, posted, published, contributed, performed and/or used on this WebSite, including, without limitation, any games, quizzes, lists, feeds, text, graphics, logos, photographs, images, software, audio, video, animations and themes (collectively, "Content"), other than the User's Content (as defined below), are: (i) the sole property of playwitty and/or third parties (as applicable), (ii) protected by applicable intellectual property rights, including copyright laws, and (iii) intended solely for the personal use of playwitty's users and may only be used in accordance with the terms hereof.
2.2 All trademarks, service marks, and trade names (including the playwitty name and logo), whether registered or not, are proprietary of playwitty and/or third parties and you may not use and/or copy them, in whole or in part, without the prior written permission of playwitty or any relevant third party. In addition to any right or remedy available to playwitty in accordance to any applicable law, User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through this Website.
2.3 No rights or licenses are granted, expressly or by implication, to You by playwitty with respect to any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not, except as expressly provided in this EULA.
2.4 Except as explicitly specified herein, User may not download, copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, the Content or any part thereof. Without derogating from the generality of the aforesaid, downloading, copying, or storing any Content for any purpose (including, without limitation, for personal, noncommercial use) is expressly prohibited without prior written permission from playwitty, or from the copyright holder identified in the applicable Content's copyright notice.
2.5 Playwitty does not have any responsibility for any Content contained in or accessed through the WebSite, and makes no warranties or representations concerning any such Content. In addition, playwitty will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the WebSite, and User irrevocably and fully releases playwitty from any and all responsibility and liability in connection with such Content.
Except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (a) take any action intended to circumvent or disable the operation of any security feature or measure of the WebSite; (b) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Services, or any portion thereof, to any third party; (c) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of, modify, reproduce, or create derivative works from, the WebSite, the Services or any part thereof; (d) access any Content on the Website via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (e) use the WebSite and/or the Services in any manner that is illegal or not authorized by this EULA.
5.1 The license granted to You under this EULA is effective until terminated. playwitty may terminate or suspend your license, account and access to this WebSite and/or to the Services and/or to specific Content immediately, without prior notice or liability, if User breaches, or fail to comply with, any of the terms hereof, or in any case of fraudulent, abusive, or otherwise illegal activity. In which case, User’s right to use the Services, access the WebSite, and any Content will immediately cease. All provisions of this EULA which by their nature should survive termination of this EULA (including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of User’s access to and use of the WebSite and the Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to playwitty, including without limitation any indemnification obligations contained herein.
5.2 You recognize and agree that the Services constitute commercially valuable materials of playwitty, and that the design and development of the Website, the Content and other materials reflects the effort of skilled development experts and the investment of considerable time and money. Accordingly, You acknowledge and agree that monetary damages will not be sufficient to compensate playwitty in the event of your actual or threatened breach or violation of this EULA, and that playwitty may be irreparably harmed by such breach or violation. Therefore, playwitty shall have the right to seek and obtain an injunction or any other remedies available to it in law and equity to remedy such breach or violation, including an appropriate decree of specific performance or any other appropriate equitable relief.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. EXCEPT AS EXPRESSLY SPECIFIED OTHERWISE HEREIN, THE WEBSITE AND SERVICES ARE SUPPLIED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. playwitty DOES NOT WARRANT THAT THE USE OF THEM WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY APPLICABLE LAW, playwitty MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS.
IN NO EVENT SHALL playwitty, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, IN CONNECTION WITH OR ARISING OUT THE LICENSE GRANTED HEREIN OR YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR SERVICES HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND REGARDLESS OF WHETHER playwitty HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR INTERRUPTION OF BUSINESS, OR OTHER PECUNIARY LOSS. IN NO CASE SHALL THE AGGREATE LIABILITY OF playwitty AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THIS EULA OR ARISING OUT OF OR OTHERWISE RELTATED TO YOUR USE OF THE WEBSITE AND/OR SERVICES EXCEED THE HIGHER OF (I) ONE HUNDRED US DOLLARS, OR (II) THE SERVICE FEE ACTUALY PAID (IF ANY) BY YOU TO playwitty FOR THE WEBSITE AND/OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, playwitty DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, OR OPERABILITY OF THE MATERIAL, CONTENT OR SERVICES PROVIDED ON THIS WEBSITE. BY USING THIS WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT playwitty IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM, LOSS AND/OR DAMAGE RESULTING FROM AND/OR IN CONNECTION WITH THE USE AND/OR ACCESS THEREOF, INCLUDING WITHOUT LIMITATION, ANY HARM, LOSS AND/OR DAMAGE THAT: (I) RESULTS FROM THE SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE WEBSITE AND/OR THE SERVICES; (II) RESULTS FROM UNAUTHORIZED USE, TEMPORARY OR PERMANENT NON-PERFORMANCE OF THE WEBSITE, ERRORS OR OMISSIONS (INCLUDING, WITHOUT LIMITATIONS, DUE TO MAINTENANCE, UPGRADES AND REPAIRS OR DUE TO FAILURE OF TELECOMMUNICATIONS LINKS AND EQUIPMENT); (II) RELATES TO DOWNLOADING OR POSTING CONTENT; OR (III) RESULTS FROM ANY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
Upon its first demand, You will indemnify and hold playwitty, its shareholders, directors, officers and employees, harmless from any liability, cost, damage and expense (including reasonable legal fees) caused due to and/or by Your access to the WebSite, use of the Services, violation of this EULA, or violation or infringement of any rights (including, without limitation, copyrights and/or other intellectual property rights) of a third party through use of the WebSite and/or Services.
The WebSite and our Services are intended for the general audience and is not directed to children under the age of 13. By accessing this Website or using our Services, User certifies to playwitty that User is at least 13 years old. Children under the age of 13 may NOT access this Website or use our Services. We respect the privacy of parents and children and are committed to complying with the Children's Online Privacy Protection Act (COPPA). If a parent believes that his or her child has submitted personal information to us (including, e.g., a name, address, telephone number or email address), he or she can contact us via e-mail (at: [email protected] ). We will promptly delete the information upon learning that it relates to a child under the age of 13.
If you believe in good faith that any material or content made available on or through the Website (including User's Content) has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control, please send us prompt written notice thereof via e-mail (at:[email protected] ). The Infringement Notification must be signed (physically or electronically) by the owner of the works(s) that has/have been allegedly infringed or violated (or any person duly authorized to act on hisherits behalf) and include the following information: (i) Identification of the applicable work(s) or other intellectual property rights being infringed or violated; (ii) identification of the materials that are claimed to be infringing or violating, including information reasonably sufficient to enable us to locate such materials; (iii) contact information of the applicable notifier (including address, phone number and, if available, e-mail address); and (iv) a statement that (a) You have a good faith belief that use of the material described above, in the manner you have complained of, is not authorized by the owner, its agent, or the law; and (b) the information in Your Infringement Notification is accurate, and under penalty of perjury, you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our intellectual property policy is to remove or disable access to any Content or material(s) (including User's Content) that We believe in good faith, upon receipt of an Infringement Notice, is infringing or violating the intellectual property of any third party.
This EULA shall be governed by, and construed in accordance with, the laws of the State of Poland, excluding its conflict and choice of laws principles. You agree that any action at law or in equity arising out of or relating to this EULA or the WebSite shall be filed, and that venue properly lies, only in competent courts located in Warsaw, Poland, and you hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action.
15.1 playwitty may assign at any time any of its rights and/or obligations hereunder to any third party without User’s consent.
15.2 In the event that a court of competent jurisdiction finds any provision of this EULA to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.3 The failure of playwitty to enforce any right or provision in this EULA will not constitute a waiver of such right or provision unless acknowledged and agreed by playwitty in writing.