Your privacy is very important to us. We encourage you to read the Terms of Data Use Policy, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on Playfiks, and you can control how it is shared. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Playfiks (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information, it means that you are allowing everyone, including people not registered with Playfiks, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Playfiks, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Playfiks safe, but we cannot guarantee it. We need your help to keep Playfiks safe, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on Playfiks.
You will not collect users' content or information, or otherwise access Playfiks, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Playfiks.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use Playfiks to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Playfiks, such as a denial of service attack or interference with page rendering or other Playfiks functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
Playfiks users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Playfiks, or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use Playfiks if you are under 12.
You will not use Playfiks if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
In the event of any breach of the above obligations, we reserve the right to terminate your account immediately, with no prior notification. We shall not be under any liability for such termination.
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Playfiks that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Playfiks if we believe that it violates this Statement or our policies.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to explain your position in relation to such infringing material. However, until we receive an explanation satisfactory to us, the said content shall not feature on the website.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including Playfiks, the Playfiks and Playfiks Logos), or any confusingly similar marks, except as expressly permitted with our prior written permission.
You will not post anyone's identification documents or sensitive financial information on Playfiks.
You give us all rights necessary to enable your application to work with Playfiks, including the right to incorporate content and information you provide to us into streams, timelines, and user action stories.
You give us the right to link to or frame your application, and place content, including ads, around your application.
We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
To ensure your application is safe for users, we can audit it.
We can create applications that offer similar features and services to, or otherwise compete with, your application.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Playfiks to you. We will notify you by email or at the next time you attempt to access your account.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Playfiks exclusively in a court located in India. The laws of the India will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in India for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Playfiks, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Playfiks and are not responsible for the content or information users transmit or share on Playfiks. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Playfiks. We are not responsible for the conduct, whether online or offline, or any user of Playfiks.
WE TRY TO KEEP PLAYFIKS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PLAYFIKS AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PLAYFIKS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT PLAYFIKS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. PLAYFIKS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PLAYFIKS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PLAYFIKS WILL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (USD100) . APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PLAYFIKS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By "Playfiks" we mean the features and services we make available, including through (a) our website at www.playfiks.com and any other Playfiks branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions);
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Playfiks or provide data to us.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Playfiks.
By "content" we mean anything you or other users post on Playfiks that would not be included in the definition of information.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Playfiks or provide to Playfiks through Platform.
By "post" we mean post on Playfiks’s stream or otherwise made available by using Playfiks.
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into Playfiks at least once in the previous 30 days.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
This Statement makes up the entire agreement between the parties regarding Playfiks, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law and restrict you from complying with the applicable privacy laws.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
Scheduling of games and sport with other users otherwise called as “Creating a Playfiks” or “Inviting to a Playfiks” or “Playfiksing” is done solely at your risk. Playfiks will not be responsible for your safety or safety of other users involved in a Playfiks.
Playfiks does not take responsibility for risks, dangers, harm, injuries or any other calamities on account of - users with whom games and sport or Playfiks has been fixed, venues where Playfiks has been fixed and the nature of the sport or game that is played by the users fixed through Playfiks.
You will comply with all applicable laws when using or accessing Playfiks.