Data Policy

Thank you for choosing Playfiks!

Playfiks Software Private Limited (hereinafter referred to as “Playfiks” or the "Company") owns and maintains the Company's website located at http://www.playfiks.com/ ("Website").

Please read the terms of data use (“Terms of Use”) and the User Privacy Policy of the Company and the User Privacy Policy carefully before using this Website or accessing any information, content or services through the Website.

Your use of the Website or the services provided by the Website shall signify your acceptance of the terms of use and your agreement to be legally bound by the same.


Eligibility to Use

You may establish an account with Playfiks only if you are a natural person and an adult in your country of residence. By using the Website, You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 12 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service; (d) In consideration of your use of the Website, you represent that you are eligible in accordance with the applicable laws to enter into a binding contract and are not a person barred from receiving the Services under the laws as applicable and (e) You may use the Website or such other services provided under the Website only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. Your profile may be deleted by Playfiks without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under the Terms of Use or User Privacy Policy.

Playfiks reserves the right to refuse access to use the services offered at the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

Use of the account is not available to any user who is suspended or prohibited by Playfiks from using the Website or Services for any reason whatsoever.


Your Information

Your information is the information that's required when you sign up for the site, as well as the information you choose to share.

  • Registration information

    When you sign up for Playfiks, you are required to provide your name, email address, birthday and gender.

  • Information you choose to share

    Your information also includes the information you choose to share on Playfiks, such as when you post on our stream, upload a photo, or comment on a friend's post. It also includes the information you choose to share when you take an action, such as when you add a friend, or find friends using our contact importers

Your name, profile pictures, gender and networks are treated just like information you choose to make public


Information others share about you

We receive information about you from your friends and others, such as when they upload your contact information, post a photo of you, or at a location. When people use Playfiks, they may store and share information about you and others that they have, such as when they upload and manage their invites and contacts.


Other information we receive about you

We also receive other types of information about you:

  • We receive data about you whenever you interact with Playfiks, such as when you send or receive a message, search for a friend, click on, view or otherwise interact with things.

  • When you post things like photos on Playfiks, we may receive additional related data (or metadata), such as the time, date, and place you took the photo.

  • This may include your IP address and other information about things like your internet service, location, the type (including identifiers) of browser you use, or the pages you visit. For example, we may get your GPS or other location information so we can tell you if any of your friends are nearby.

  • We receive data whenever you visit a game, application, or website that use Playfiks Platform or through cookies. This may include the date and time you visit the site; the web address, or URL, you're on; technical information about the IP address, browser and the operating system you use.

  • We also put together data from the information we already have about you and your friends. We may put together your current city with GPS and other location information we have about you to, for example, tell you and your friends about people or events nearby, or offer deals to you that you might be interested in.

When we get your GPS location, we put it together with other location information we have about you (like your current city). But we only keep it until it is no longer useful to provide you services, like keeping your last GPS coordinates to send you relevant notifications.


Public Information

When we use the phrase "public information", we mean the information that is always publicly available.


Information that is always publicly available

The types of information listed below are always publicly available, and are treated just like information you decided to make public.

  • Name

  • Profile Pictures and Cover Photos

  • Gender

  • City

  • Sports you play

This allows us to refer to you properly.


Usernames and Password

You agree to (a) ensure that you exit from your account at the end of each session; and (b) immediately notify Playfiks of any unauthorized use of your account. If Playfiks has reason to believe that there is likely to be a breach of security or misuse of your account, we may request you to change your password or we may suspend your account without any liability to Playfiks, for such period of time as we deem appropriate in the circumstances. Playfiks shall not be liable for any loss or damage arising from your failure to comply with this section.

You acknowledge that your ability to use your account is dependent upon external factors such as internet service providers and internet network availability and Playfiks cannot guarantee availability of the Website at all times. In addition to the disclaimers set forth in the Terms of Use, Playfiks shall not be liable to you for any damages arising from your inability to log into your account and access the Website at any time.


How we use the information we receive

We use the information we receive about you in connection with the services and features we provide to you and other users like your friends

  • as part of our efforts to keep Playfiks products, services and integrations safe and secure;

  • to protect Playfiks's or others' rights or property;

  • to provide you with location features and services, like telling you and your friends when something is going on nearby;

  • to make suggestions to you and other users on Playfiks, such as: suggesting that your friend use our contact importer because you found friends using it, suggesting that another user add you as a friend because the user imported the same email address as you did.

  • for internal operations, including troubleshooting, data analysis, testing, research and service improvement.

Granting us this permission not only allows us to provide Playfiks as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.

While you are allowing us to use the information we receive about you, you always own all of your information. Your trust is important to us, which is why we don't share information we receive about you with others unless we have:

  • received your permission;

  • given you notice of our intention to disclose the information; or

  • removed your name or any other personally identifying information from it.

Please note, for information others share about you, they control how it is shared.


Acceptance of Terms of Use

By using this Website or the services provided by this Website in any way, including accessing or merely browsing the Website, you agree that you have read and understood the Terms of Use and the User Privacy Policy available at [●] (“User Privacy Policy”) and agree to be bound by the Terms of Use, the User Privacy Policy and the additional terms (if any). The User Privacy Policy is incorporated herein by reference.

Playfiks may make changes to the Terms of Use or User Privacy Policy from time to time at its sole discretion,. The revised Terms of Use shall be posted on the Website. Your use of the Website and the services is subject to the most current version of the Terms of Use posted on the Website at the time of such use. Playfiks may require you to provide your consent to the updated Terms of Use in a specified manner.


Use of the Website

Subject to compliance with the Terms of Use, the User Privacy Policy, and all other applicable terms and guidelines, Playfiks grants you a personal, non-exclusive, limited privilege to access and use this Website and the services provided thereon.

You agree not to use or encourage, or permit others to use, the Website to:

  1. Make available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  2. Stalk, intimidate and/or harass another;

  3. Incite others to commit violence;

  4. Harm minors in any way;

  5. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

  6. Interfering with any other person's use or enjoyment of the Website.

  7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

  8. Make available any content that you do not have a right to make available under any law or contractual or fiduciary relationship, unless you own or control the rights thereto or have received all necessary consents for such use of the content;

  9. Make available any material that infringes any intellectual property rights or other proprietary rights of any party;

  10. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  11. Manipulate identifiers to disguise the origin of any of content posted on or transmitted through the Website including, falsifying or deleting any author attributions, legal or other notices or proprietary designations or labels of the origin or source of content or other material available on the Website;

  12. Use any of Playfiks's domain names as a pseudonymous return email address;

  13. Post transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website/the services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other users without their consent;

  14. Access or use the Website in any manner that could damage, disable, overburden or impair any of the Website's servers or the networks connected to any of the servers on which the Website is hosted;

  15. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms of Use;

  16. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;

  17. Interfere with, or inhibit any user from using and enjoying access to the Website, or the Services, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website;

  18. Circumvent the digital rights management mechanisms used by the Website to access, reproduce, store, etc., any content, in an unauthorized manner;

  19. Access or attempt to access any content that you are not authorized to access by any means;

  20. Access the website through any other means other than through the interface that is provided by company;

  21. Use deep-links, page-scrape, robot, spider or other program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website;

  22. Alter or modify any part of the service;

  23. Use the services for purposes that are not permitted by: (i) these Terms of Use; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

  24. Violate any of the terms specified under the Terms of Use for the use of the Website.

Any violation by you of the terms of this Section may result in immediate suspension or termination of your accounts. Playfiks may also impose limits on certain features or restrict your access to parts or all of the services without notice or liability. Playfiks makes no commitment, express or implied, to maintain or continue any aspect of the Website/services. You acknowledge that your use of the Website/Service is subject to this risk and that you knowingly assume it and make your decisions to participate in the Website. You agree that Playfiks shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website or the services.

You hereby waive any legal or equitable rights or remedies you have or may have against Playfiks with respect thereto, and agree to indemnify and hold Playfiks, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.


Ownership

The Website and the material, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code and any other information or materials of any nature whatsoever (collectively, the “Content") is owned and controlled by Playfiks and/or its group companies, its licensors and/or its content providers and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

The trademarks, logos and service marks displayed on the Website (the "Marks") are the property of Playfiks. You are not permitted to use the Marks without the prior consent of Playfiks or the third party that may own the Marks.

Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Playfiks's express prior written consent.

Except as may be otherwise specifically indicated in the Website, you are authorized to view, play, print and download documents, audio and video found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or Marks contained herein. Except as authorized under the law relating to copyright, you may not reuse any Content or Marks without first obtaining the consent of Playfiks. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You shall not remove any copyright, trademark or other proprietary notices from material found on the Website. In the event you download software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Playfiks. Playfiks does not transfer title to the Software to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred to you by Playfiks. You own the medium on which the Software is recorded, but Playfiks retains full and complete right, title and interest to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.


Deletion

In the event of deletion of your Account, due to a default on your part, Playfiks shall not be held liable for any loss of your information or your Content as a result of such deletion.


Suspension and Termination of Your Account

Except as may be set forth in any additional terms applicable to a particular service, voluntary or involuntary suspension or termination of your Account may include: (i) suspension or termination of access by you to the Content on the Website or to the services; (ii) deletion of your account information, including your personal information and password, and all related information, files and materials associated with or inside your account (or any part thereof); and (iii) temporary or permanent barring of further access by you of the Website and use of the services.

Playfiks has the discretion to suspend or terminate your Account with or without providing you any reason or notice. Playfiks may suspend or terminate any or all other accounts held by you or otherwise related to you as determined by Playfiks.

In addition to other provisions for suspension or termination of account provided by Playfiks, Playfiks may, at any time, with or without notice, suspend or terminate your account if:

  1. You breach any of the provisions of the Terms of Use, the User Privacy Policy of the Website or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same);

  2. Playfiks is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful);

  3. The provision of your content is unlawful or against the Terms of Use, User Privacy Policy or any other policy applicable to your content;

Upon termination of your account, you will no longer be able to access your account, content or data you have stored on the servers. All licenses granted by Playfiks to use the Website or the services will automatically terminate.

You acknowledge and assume the risk of the possibility of suspension or termination of your account as provided herein, and you represent that you will make your decisions to participate in the services, contribute content and dispose of transferable licenses at all times knowingly based upon these risks.

You agree that Playfiks shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information and your content), or your access to the Website and the services.

If Playfiks suspends or terminates your account on the grounds that you have violated these Terms of Use or other agreements or guidelines, you also agree that any such violation by you will constitute an unlawful and unfair business practice, and will cause irreparable harm to Playfiks, for which monetary damages would be inadequate, and you consent to Playfiks obtaining any injunctive or equitable relief that Playfiks deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Playfiks may have at law or in equity.

If Playfiks takes any legal action against you or against any third party, as a result of your violation of these Terms of Use, Playfiks will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Playfiks.


Disclaimer of Warranties

You agree that your use of the Website and the services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website and the services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Playfiks, its officers, directors, employees, and agents, do not warrant that that the information and/or facilities contained in the Website are accurate, complete or current or error free in any manner and that you will be able to access or use the Website and the services at the times or locations of your choosing; that the Website and the services will be uninterrupted or error-free; that defects will be corrected; or that the Website and the Services are free of viruses or other harmful components.

No advice or information, whether oral or written, obtained by you from Playfiks or through or from use of the Website or the services shall create any warranty not expressly stated in the terms. Other written or oral statements by Playfiks’s representatives or others do not constitute warranties of Playfiks.

By using the Website and holding an account, you acknowledge and agree that Playfiks shall not be liable for any unauthorized use of your information submitted by you to the Website.

Playfiks will not be liable for any loss that you may incur as a result of someone else using your password or account or account information in connection with the Website or any services, either with or without your knowledge.

Please note that any information, materials, reports etc., that may be provided to you by us through means of this Website, may be based either in whole or in part on third party generated information which may or may not be publicly available. We do not assume any responsibility for the accuracy or veracity of any such third party information. Please also note that any such third party information (including all intellectual property rights therein) belongs completely to such third party, and that you may not reproduce any of the same (whether in whole or in part) without the express prior written consent of the relevant third party.


Security

Playfiks may issue instructions from time to time intended to ensure the security of the Website. You agree to comply with those instructions. For example, Playfiks may, for security reasons require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Website.

Playfiks is not responsible for any information you may lose if Playfiks terminates your browser session due to prolonged periods of inactivity between your browser and the Website.

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

  • Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  • Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'

  • Sending unsolicited email, including promotions and/or advertising of products or services; or

Violations of system or network security may result in civil or criminal liability under applicable laws. Playfiks may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, safari, firefox).


Limitation of Liability

In no event shall Playfiks, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the Website or the services.


Indemnity

You agree to defend, indemnify and hold harmless Playfiks, its 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 Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.


Governing Law & Jurisdiction

The Website, the Terms of Use, all transactions entered into on or through the Website and the relationship between you and Playfiks shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms of Use, any transactions entered into on or through the Website or the relationship between you and Playfiks shall be subject to the exclusive jurisdiction of the competent courts located in India and you hereby accede to and accept the jurisdiction of such courts.

Playfiks accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Website can be accessed or used or any facility can be availed of in a country other than India will not imply that Playfiks accedes to the laws of such country.