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LAST UPDATED: April 5th, 2021
LAST MODIFIED: July 11th, 2023
These Terms of Use (collectively with the Playtron technology Inc. / Pangaea - Age of Sky Fortress game, this “Agreement”) is between you and Playtron Technology Inc. (“Playtron”) and governs your use of the this website, Playtron website (www.playtron.net), Pangaea - Age of Sky Fortress game application (the “Pangaea games”). The Websites, the Apps, and any services provided on or through the Websites or the Apps (collectively, the “SERVICES”) are owned and operated by Playtron.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO USE THE SERVICES AND YOU MUST IMMEDIATELY CEASE ANY FURTHER USE OF THE SERVICES.
Playtron reserves the right, in its sole discretion, to add to, delete, or otherwise change any term or condition in this Agreement upon notice to you by posting such revised Agreement on the Websites or within the Apps. If you do not agree with any term or condition set out in such revised Agreement, you must immediately cease any further use of the Services, and this Agreement will be deemed to be terminated by Playtron in accordance with "Termination" Section below.
The SERVICES are provided solely (the “Permitted Use”) to allow you, subject to this Agreement, to
a) play Pangaea - Age of Sky Fortress, an online action puzzle game;
b) interact with other Pangaea games players and users of the SERVICES;
c) use any other services made available to you through the our SERVICES;
The Services are intended for Age 12+ audience and we encourage you to review the age rating standard applicable for your country of residence. If you are under 12 years of age, or otherwise have not reached the minimum age set out in standards applicable to your country of residence, you shall not use our SERVICES in any way.
As a condition of your use of the SERVICES, you represent, covenant and warrant that a) you have reached the Minimum Age required to use the SERVICES; b) you possess the legal authority to create a binding legal obligation; c) you will use the SERVICES in accordance with this Agreement; and d) all information supplied by you to us or through the SERVICES is true, accurate, current, and complete. Parents or guardians are responsible for the acts of children under the applicable age of majority when using the SERVICES.
To use, or benefit from certain features of, the Pangaea games, you may be required to connect a third-party account to your player account of the Pangaea game, such as your Facebook account or the account tied to your mobile device’s operating system, such as your Apple ID if you are using an Apple device (an “Login Credentials”). You may cease to use such third-party account when using the Pangaea games at any time.
You are responsible for keeping your Login Credentials secure and you will not share your Login Credentials with anyone. You are responsible for the activity associated with your Account in the Pangaea games. You agree to immediately notify Playtron of any unauthorized use or suspected unauthorized use of your account or any other breach of security when using the Services. When you provide Playtron with such notice, Playtron will suspend or otherwise secure your player account to prevent future unauthorized activity, and make our best effort to assist you retrieve your play progress and making a new account.
Pangaea games forbid the use of multiple player accounts. If you use more than one account to access the Pangaea game, Playtron may, in its sole discretion and without notice, suspend or terminate your access to the our SERVICES, and report your conduct to any relevant third parties with whom you have one or more Accounts. Accounts from third party websites or operating systems have separate and independent privacy statements, notices, and terms of use, which we recommend you read carefully. We have no control over, do not review, and are not responsible for the terms of use or content displayed on such other websites and devices, or in connection with such content or services.
Playtron grants you a limited, revocable, non-exclusive, non-transferable, non-assignable license to download, install, access, and use the Pangaea games solely for your own personal, non-commercial use on any device that you own or control, and for no other purpose whether express or implied. Playtron reserves all rights not expressly licensed to you under this Agreement.
The rights granted to you in this Agreement are subject to the following restrictions. Specifically, you may not:
- rent, lease, license, sublicense, transfer, host, loan, sell, or otherwise transfer the Pangaea games;
- copy, reproduce, republish, or distribute the Pangaea games;
- disassemble, decompile, reverse engineer, modify, adapt any components of the Services, or create derivative works of the Pangaea games;
- use the SERVICES in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement;
- use the SERVICES in any way that infringes, violates, or misappropriates the rights of any third party, including without limitation third-party intellectual property rights;
- use scripts, automation software (“bots”), “Macro” software or any other performance-enhancing methods or technologies designed to cheat or gain any advantage within the Services;
- upload files to the SERVICES that contain viruses, time bombs, trojan horses, worms, corrupted files or data, or any other similar software or program that may damage the operation of the SERVICES or the hardware or computer systems of other users;
- promote or encourage unlawful activity including hacking, cracking, or distributing counterfeit software, or cheats or hacks for the SERVICES;
- circumvent or attempt to circumvent technologies used by Playtron to detect and prevent cheating in the Services;
- restrict or inhibit another user from using the Services;
- impersonate any person, including Playtron or other users of the SERVICES;
- attempt to gain unauthorized access to any of Playtron’s, or any other users’, accounts, computer systems, or networks associated with the Services;
- block, disable, or otherwise affect any advertising, tabs, links to other sites and services, or any other features forming part of the Services;
- use the SERVICES in any way to transmit, or harvest any information for the purposes of transmitting, directly or indirectly, any unsolicited bulk communications or “spam” (such as e-mails, voice, photos, video, chat, or instant messages); or authorize or assist any third party to do any of the things described in this section.
You understand and agree that: (i) the SERVICES not designed or customized for distribution or use, as applicable, in any specific country or jurisdiction and (ii) the SERVICES are not intended for distribution to, or use by, any person or entity in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. You are solely responsible for compliance with local laws, including any applicable data protection laws, as applicable, when you use the SERVICES.
This Agreement will govern any upgrades that may be provided by Playtron that replace or supplement the original Pangaea games licensed under this Agreement, or any other changes to the SERVICES, unless such upgrade or change is accompanied by a separate agreement in which case the terms of that agreement will govern.
Playtron reserves the right to change, suspend, remove, or disable your access to or use of the SERVICES, and to change, modify, remove, terminate, suspend or discontinue any feature of the Pangaea games, and any information, material, image, text, video, sound, post, comment, profile, graphic, persona, code, data, media, or other content (the “Content”) contained in, provided through, made available in, or appearing in the SERVICES in our sole discretion and without notice.
Without limiting the foregoing, Playtron may change the availability of any Content, and, subject to applicable law, institute or amend existing fees or charges in connection with the use of the SERVICES in its sole discretion and without notice. In no event will we be liable for the removal or disabling of your access to or use of the SERVICES.
The use of any Content available on the SERVICES is at your own risk. We have no obligation to prescreen, edit, or remove any Content provided by you or other users that is posted on or made available through the SERVICES. You will not post any Content on the SERVICES that:
- uses offensive, racist, hateful, vulgar, obscene, or otherwise-harmful language;
- incites violence or contains graphic or gratuitous violence;
- is pornographic or contains nudity;
- is defamatory;
- divulges another person’s or entity’s confidential information or trade secret;
- is fraudulent, unlawful, threatening, harassing, abusive, or discriminatory;
- encourages criminal conduct;
- advertises or solicits business for products and services other than those offered or promoted on the SERVICES, including Facebook applications;
- may reasonably be considered spam, junk mail, or any other type of unsolicited mass message to individuals or entities that have not agreed to receive such Content, including an excessive volume of meaningless or repetitive threads or other Content as determined in Playtron’s sole discretion;
- contains or links to any Playtron Content, product, or service, that has yet to be released;
- contains or links to any virus, malware, spyware, or other harmful Content or code;
- violates any laws (including copyright, trade-mark, or other intellectual property or data protection and privacy laws);
- you do not have the right to submit, disseminate, or transmit;
- contains personal information which you do not have permission to share; or
- contains inaccurate personal information.
Playtron does NOT regularly review Content posted by users, but does reserve the right (but not the obligation) to monitor and edit or remove any Content submitted to the Services, and to ban any user from submitting Content to the Services, in its sole discretion. You grant Playtorn the right to use the name that you submit in connection with any Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Content you submit. You are and shall remain solely responsible for any Content you make and you agree to indemnify Playtron and its affiliates for all claims resulting from or relating to any Content you submit. Playtron and its affiliates take no responsibility and assume no liability for any Content submitted by you or any third party.
You grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide, and fully sub-licensable license to access, collect, store, use, host, reproduce, modify, create derivative works, publicly perform or display, or otherwise transmit and communicate, in part or in whole, in any manner or form and in any medium or forum, any Content, reviews, questions, comments, suggestions, records, and files that: (a) you load, transmit to, post in, or enter into the SERVICES; or (b) we collect from third parties with your permission, and including all results from processing such data, information, records, and files, including compilations, and derivative works thereof, without notice, payment, or attribution of any kind, including for the purpose of: (i) providing and making available the Services and (ii) complying with applicable law. You also grant all other users of the SERVICES the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate or distribute your Content on or through the SERVICES without notice, attribution, or compensation to you. You represent and warrant that you have the right to distribute and reproduce the Content and to grant the license that you have granted above. You hereby waive all your moral rights in the Content for the benefit of Playtron and its successors, assigns, and licensees.
The Pangara games includes virtual in-game currency (“Digital Currency”) and virtual items (“Digital Goods”), which may be earned by users or purchased with real money, where permitted by law. When you acquire Digital Currency or Digital Goods, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and use such Digital Currency or Digital Goods. Except where prohibited by applicable law, Digital Currency and Digital Goods made available to you in the Apps, and the price or value of such Digital Currency or Digital Goods may be modified at any time by Playtron, in its sole discretion and without notice.
From time to time, Playtron may reward users by providing random prizes in the form of Digital Currency or Digital Goods, or by unlocking additional Content or functionalities (such as special multi-player competitions, or an in-app marketplace) or any other in-game reward or recognition of achievement (collectively, “Entitlements”). Such prizes, whether in the form of Digital Currency, Digital Goods, or Entitlements, may vary widely in size and value, and, subject to applicable law, Playtron reserves the right to award, refuse to award, and to revoke any prize, in its sole discretion and without notice.
The Digital Goods, Digital Currency, and Entitlements (i) remain the property of Playtron, (ii) have no monetary value outside of the Pangaea games, and (iii) may not be sold, traded, transferred, or exchanged for real money or non-virtual goods or services. Any purchases of Digital Currency or Digital Goods is final, and, subject to applicable law, you are not entitled to a refund for any unused Digital Currency, Digital Goods, or Entitlements, including when Playtron terminates this Agreement in accordance with Section 13 or otherwise suspends your access to the Pangaea games or ceases to make the Pangaea games available to you.
In accordance with the Pangaea games Privacy Policy, Playtron uses technologies to detect and prevent cheating in the Pangaea games such as tracking users, and users’ auto-refreshing and auto-reloading methods, including any browser-plug-ins. If Playtron suspects any user of cheating, Playtron reserves the right, in its sole discretion and without notice, to immediately suspend the user’s access to the Pangaea games, terminate this Agreement in accordance with the "Termination" section, and delete the user’s player account and/or game progress. For greater clarity, cheating includes knowingly exploiting any flaw or bug in the Pangaea games. If you discover a flaw, bug, or other unexpected behaviour in the Pangaea games that could be used by yourself or another user to cheat, you must immediately contact us at the contact information set out below to notify us of the issue, and agree to cease re-creating the flaw, bug or unexpected behaviour in question.
The SERVICES may
(i) contain third party Content, including advertisements,
(ii) incorporate services provided by third parties, and
(iii) provide links to third party games, websites or applications (collectively, “Third Party Works”).
Third Party Works are provided solely for your convenience and for the convenience of other users of the SERVICES. Links to Third Party Works do not imply that Playtron sponsors, or is affiliated or associated with the person that owns or is responsible for such Third Party Works. We do not endorse the information, Content, games, products, or services described in the Third Party Works or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose.
The Content in any Third Party Work is not under our control, and if you choose to access any such Third Party Works, you do so entirely at your own risk. This Agreement does not grant you any license, right, title, or other interest in Third Party Works, which may require you to enter into agreements with a third party. You are responsible for reviewing and accepting the terms of any agreement in connection with any Third Party Works.
This Agreement commences when you first use the Services and will continue in effect unless otherwise terminated in accordance with the terms of this Agreement. If you breach any term or condition of this Agreement, Playtron may immediately terminate this Agreement, or cease providing access to the SERVICES to you.
In addition, Playtron may, without notice, terminate this Agreement and/or immediately cease to provide you with access to the SERVICES if:
(i) Playtron is prevented from providing such access to you due to any law, regulation, directive, or ruling from any governmental or regulatory authority;
(ii) Playtron suspects you of cheating, or
(iii) in Playtron’s sole discretion, Playtron determines that it is in Playtron’s best interest to stop providing such access to you.
You may terminate this Agreement at any time by disabling or uninstalling the Pangaea games and ceasing all access to and use of the SERVICES. Upon the termination of this Agreement, you will immediately cease to use or otherwise access the Pangaea games, and you will immediately delete from your device all copies of the Pangaea games in your possession or control.
Our Pangaea games Privacy Policy sets out a description of the privacy and personal information practices that Playtron employs in respect of personal information collected by Playtron in connection with your use of the SERVICES, and is accessible on the website and through the Pangaea games. Please review the Privacy Policy carefully before using the Services.
We do not guarantee the confidentiality of any communications made by you through the SERVICES, or any Content you load, transmit to, post in, or enter into the SERVICES. You understand, agree, and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the SERVICES.
In order to access and use the SERVICES, you are responsible for providing the required mobile device or other hardware with a current operating system, as well as an Internet connection. You agree to pay all fees incurred by you when using the SERVICES through an Internet connection.
From time to time, Playtron may require or allow you to download software, software updates or patches (“Updates”). You acknowledge and agree that certain Updates may be required in order to continue using the SERVICES, and may modify this Agreement, or your ability to access certain features or functionalities within the SERVICES. You consent to Playtron automatically installing any available Updates for the SERVICES. Your failure to install available Updates may result in an inability to use the SERVICES. Except as required by law or as otherwise set out in writing by Playtron, nothing in this Agreement will require Playtron to provide you with or entitle you to receive from Playtron documentation, support, telephone assistance, enhancements, or Updates to the SERVICES.
SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE FOLLOWING EXCLUSIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFECT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND PLAYTRON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY; MERCHANTABLE QUALITY; SATISFACTORY QUALITY; FITNESS FOR A PARTICULAR PURPOSE; ACCURACY; QUIET ENJOYMENT; AND NON-INFRINGEMENT, VIOLATION, OR MISAPPROPRIATION OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
PLAYTRON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES; THAT THE FUNCTIONS CONTAINED IN OR PERFORMED BY THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLAYTRON SHALL CREATE A WARRANTY. EXCEPT AS MAY OTHERWISE BE SET OUT IN WRITING BY LBC, SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES, OR LIABILITY, SO THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK.
YOU ALSO ACKNOWLEDGE AND AGREE THAT PLAYTRON AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SERVICE PROVIDERS, AND OTHER REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY MANNER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE, OR ANY OTHER LIABILITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT OR INFORMATION OBTAINED BY YOU ON, FROM, OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION, OR GOODWILL, ANTICIPATED OR OTHERWISE, AND IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION OR CLAIM, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL PLAYTRON’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THIS AGREEMENT, INCLUDING FROM YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES OR ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES, EXCEED TEN CANADIAN DOLLARS ($10) (OR THE EQUIVALENT IN LOCAL CURRENCY). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
You agree to defend, indemnify, and hold harmless Playtron, its subsidiaries, affiliates, officers, directors, shareholders, agents, and other partners and employees from any loss, expense, liability, claim, or demand, including reasonable lawyer’s fees, arising out of, resulting from, or in connection with:
(a) your use or misuse of the SERVICES or
(b) the breach of any of your obligations, representations or warranties under this Agreement.
You acknowledge and agree that the Pangaea games provided to you is licensed to you and not sold. Playtron (and its licensors) retains all right, title, and interest (including intellectual property rights) in the SERVICES, including the copies of the Pangaea games on your devices.
All trademarks are the property of their respective owners. You are not authorized to use any such trademarks.
The SERVICES contains propriety Content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright. You will not use such proprietary Content, information, or materials in any way whatsoever except for Permitted Use of the SERVICES. You agree:
(i) not to remove any trademark, copyright, or other proprietary notices on or in any portion of the SERVICES as delivered and
(ii) to reproduce all such notices on and in all authorized copies.
Playtron shall not be obligated to indemnify or defend you with respect to any claim arising out of or relating to the SERVICES or use of the SERVICES. To the extent that Playtron is required to provide indemnification by applicable law for any third party claim that the SERVICES, or your possession and use of the SERVICES, infringes a third party’s intellectual property rights, Playtron will be solely responsible for the investigation, defense, settlement, and discharge of any claim that the SERVICES or your use of the SERVICES infringes any third party intellectual property right, but only where Playtron is required to provide indemnification under applicable law.
You may link to the Pangaea games provided you comply with the linking conditions described below (collectively, the “Game Linking Terms”):
A link may be established to the following home page of Pangaea - Age of Sky Fortress
If you link to Pangaea games, your website:
(1) may not imply that Playtron is endorsing you or your products or services;
(2) may not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of Playtron;
(3) may not misrepresent your relationship with Playtron or present false or misleading impressions about Playtron or its SERVICES; and
(4) may not contain content that is illegal or may be interpreted as distasteful or offensive;
(5) Playtron shall have no responsibility or liability for any content appearing on your website;
Playtron may, at any time and in its sole discretion, immediately terminate your right to link to the Pangaea games website, with or without cause. If Playtron exercises this right, you will immediately remove all links to the Pangaea games; and without limiting the generality of the foregoing, regardless of whether a link has been permitted by Playtron, Playtron is not responsible for the contents of any website that is linked to the Pangaea games.
Playtron has no representations or warranties, and does not endorse, any website that is linked to the Pangaea games, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to the Pangaea games does not imply that Playtron sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.
By linking to the Pangaea games, you will be deemed to have reviewed, understood and accepted, on your own behalf and on behalf of any person on whose behalf you may be acting, the Game Linking Terms and agreed with Playtron to be bound hereunder.
This Agreement is the entire agreement between you and Playtron and supersedes all prior agreements between the parties regarding the subject matter contained herein.
This Agreement will ensure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns. If any provision of this Agreement is held to be invalid or unenforceable to any extent, then the provision will be deemed to be severed from this Agreement and the remainder of this Agreement will continue in full force and effect.
You may not assign this Agreement or the rights under this Agreement. Playtron may assign this Agreement and its rights under this Agreement without your consent.
The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be effective unless it is in writing and signed by all parties, and, unless otherwise provided, will be limited to the specific default or breach waived.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
By using the SERVICES, you consent to receiving electronic communications from Playtron related to the SERVICES, such as in-App error messages or in-App alerts. You agree that any such notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Playtron shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
Except where prohibited by applicable law, including in the Province of Quebec, This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, and each party further consents to the exclusive jurisdiction of the courts of British Columbia.
The terms and conditions contained in this Agreement that are necessary for the interpretation hereof, or the nature and intent of which is to survive termination or expiration of this Agreement, will survive termination or expiration of this Agreement.
If the Pangaea games are provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:
The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Pangaea games and content thereof is governed by these Terms of Use.
Notwithstanding anything to the contrary hereunder, you may use the Pangaea games only on an Apple device that you own or control.
You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Pangaea games.
In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Pangaea games (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Pangaea games, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.
Any claim in connection with the Pangaea games related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.
Any third party claim that the Apps or your possession and use of the Apps infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
You represent and warrant that you are not:
(i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or
(ii) listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement (if any) when using the Pangaea games. Apple is a third-party beneficiary to these Terms of Use and may enforce these Terms of Use against you.
If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html, the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
If the Pangaea games are provided to you through Google Inc.’s (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use.
You acknowledge that Google is not responsible for providing support services for the Pangaea games.
If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
You agree that any demands, notices, questions, or other communications shall be in writing and sent to support@playtron.com.
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