DATE LAST MODIFIED: July 4, 2017. These are the Terms of Service for the myVEGAS Lucky Life Mobile App.

NEITHER APPLE INC. , GOOGLE, INC. OR AMAZON.COM, INC.  IS A SPONSOR OF THIS APPLICATION AND NEITHER IS AFFILIATED IN ANY WAY WITH PLAYSTUDIOS ASIA LIMITED. (HEREINAFTER "PLAYSTUDIOS").

SPECIAL NOTE ON USE OF THIRD PARTY TRADEMARKS AND BRANDS

PLAYSTUDIOS HAS BEEN GRANTED CERTAIN RIGHTS, AND IN CERTAIN INSTANCES, EXCLUSIVE RIGHTS, TO USE THE BRANDS OF ITS REWARDS PARTNERS, INCLUDING MGM RESORTS INTERNATIONAL, MGM GRAND PARADISE LIMITED, TRAVELLERS INTERNATIONAL HOTEL GROUP, WESTMINSTER TRAVEL, ECLIPSE HOSPITALITY GROUP LIMITED, AND OTHER PARTNERS FOR SOCIAL AND MOBILE GAMES.

PLAYSTUDIOS PROVIDES THE SERVICE (AS DEFINED BELOW) TO YOU IN CONSIDERATION OF YOUR PROVISION OF INFORMATION TO PLAYSTUDIOS AND USE OF OUR SERVICE.

ACCEPTANCE OF TERMS

THESE TERMS OF SERVICE ("TERMS") ARE A LEGAL AGREEMENT BETWEEN YOU ("YOU” OR "YOUR”) AND PLAYSTUDIOS. BY DOWNLOADING, INSTALLING THE MYVEGAS LUCKY LIFE APPLICATION (THE "APPLICATION") AND USING IT IN CONNECTION WITH OTHER SERVICES PROVIDED BY PLAYSTUDIOS OR OTHERWISE ACCESSED THROUGH THE USE OF THE APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICE”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE OR THE APPLICATION.

IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision, including Class Action Waiver (where such arbitration provision and class action waiver are respectively enforceable in Your jurisdiction) that affects Your rights under these Terms and with respect to disputes You may have with PLAYSTUDIOS.   PLAYSTUDIOS reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes Your acceptance of the revised Terms. PLAYSTUDIOS may use reasonable commercial efforts to provide notice of material changes to You. If the modified Terms are not acceptable to You, You should immediately discontinue Your use of the Service. Continued use of the Service by You will constitute your acceptance of the modified Terms. You agree that PLAYSTUDIOS may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, in accordance with these Terms.

These Terms apply to You if You use the Service in the Asia Pacific region and/or downloadthe Application from an App Store in the Asia Pacific region.  Any references to "applicable laws" shall be deemed to refer to the laws and regulations that apply to You, PLAYSTUDIOS and/or the Service, as the context requires (and this may include the laws and regulations of countries other than Your home jurisdiction).

Additional terms and conditions may apply to You depending on Your location, as provided in the section titled “Additional Terms for Specific Jurisdictions”.

FACEBOOK® DISCLAIMER

You agree and acknowledge, as condition of participating in the Service, that Facebook® (“Facebook”) does not sponsor, endorse, administer, and is in no way associated with, the Service. All questions regarding the Service must be directed to PLAYSTUDIOS, not Facebook. You also agree that as a condition of participating in the Service You shall release Facebook® from any and all liability arising out of Your participation in said Service.

PRIVACY

PLAYSTUDIOS will only use any personal information that You provide in connection with Your use of the Service in accordance with the terms of our privacy policy ("Privacy Policy”) available within the Application. By accessing or using the Service, You consent to the collection, use, storage and transfer of Your information as outlined in the Privacy Policy. Questions regarding privacy issues should be directed to our customer service department at https://playstudiosasia.helpshift.com.

ELIGIBILITY

To use the Service, You must be a natural person, at least 18 years old, who is assigned to the e-mail address or Facebook Login (as defined below) or other authentication method (“Authentication”) associated with Your registration. At our sole discretion, we may require proof that You meet this condition in connection with Your use of the Service. Failure to comply with this condition will result in the closing of Your Account and the loss of all Virtual Items and Loyalty Points (each as defined below) accumulated through Your use of the Service. ACCESS TO THE LOYALTY CLUBS (AS FURTHER DESCRIBED BELOW) IS RESTRICTED TO PERSONS WHO ARE 21 YEARS OF AGE OR OLDER. THEREFORE, IF YOU USE THE SERVICE IN CONNECTION WITH A LOYALTY CLUB, YOU REPRESENT AND WARRANT THAT YOU ARE 21 OR OLDER. OTHER PLAYSTUDIOS REWARDS PARTNERS (COLLECTIVELY, “REWARDS PARTNERS”) MAY RESTRICT CERTAIN REWARDS TO PERSONS WHO ARE OVER 21.  IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU MEET THE APPLICABLE ELIGIBILITY REQUIREMENTS FOR ANY REWARD YOU PURCHASE.

ACCOUNT INFORMATION

You may use the Application anonymously, but in order to access and use the rest of the Service (including, but not limited to accumulating, purchasing and redeeming Loyalty Points, Virtual Items and Rewards (as defined below)) and to post any User Content (as defined below), You must create an account ("Account”) with PLAYSTUDIOS by accessing the Service through Your Facebook account (Your "Facebook Login”) or other authentication method offered through the Service, which may include SMS, LINE, Kakao, WeChat, Weibo, or other methods. When You register through Your Authentication service’s Login, You will be asked to login with Your log-in credentials ("Password”) and, if applicable, configure Your privacy settings in Your Authentication (Facebook, SMS, LINE, Kakao, etc) account to permit Your activities on the Service to be shared with Your contacts in Your account (as further detailed in our Privacy Policy). By creating an Account via Your Facebook Login, You are allowing PLAYSTUDIOS to access Your Facebook account information and You acknowledge and agree that Your use of the Facebook website is governed by the terms and conditions of Facebook's terms of use and its privacy policy, including, without limitation, Facebook's password and account security policies. By creating an Account with PLAYSTUDIOS, You agree to the following rules to protect the security of Your Account and Facebook Login or Logins to other authentication methods. For the purposes of these Terms, references to Your Login shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service:  (1) You shall not share Your Authentication Login, nor let anyone else access Your account or do anything else that might jeopardize the security of Your Authentication Login. PLAYSTUDIOS will not ask You to reveal Your Authentication password and will not initiate contact with You asking for answers to Your Facebook password security questions; (2) In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized use of Your Authentication Login, You will immediately notify PLAYSTUDIOS and modify Your Authentication Login; (3) You are solely responsible for maintaining the confidentiality of Your Authentication Login, and You will be responsible for all uses of Your Authentication Login, including purchases, whether or not authorized by You; (4) You are responsible for anything that happens on the Service through the use of Your Authentication Login, whether or not such actions were taken by You. You therefore acknowledge that PLAYSTUDIOS may suspend Your access to or terminate Your use of the Service if someone else uses it to engage in any activity that violates these Terms; (5) You undertake to monitor Your Authentication Login to restrict use by minors, and You will deny access to anyone under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors and You acknowledge that You are responsible for any use of Your credit card or other payment instrument by minors. If You are a member of participating Loyalty Clubs (“Loyalty Clubs”) including MGM Resorts International and MGM Macau "M life Players Club” ("M life”) or Resorts World Manila “RWM Exclusives” Loyalty Clubs, You may link Your Account for the Service to Your Loyalty Club account. To do so, You must visit a participating property in person and provide Your myVEGAS and Loyalty Club information. To link Your use of the Services to Your Loyalty Club account You must have an active, valid Loyalty Club account and have been issued a Loyalty Club Players Club Card at a participating property. You certify that You are at least 21 years old and acknowledge and agree that Your participation in the Loyalty Club program, is subject to the Loyalty Club Program Rules and Privacy Policy.

 

In the case of MGM Macau, Program Rules (“mLife Rules”) are available at: http://www.mgmmacau.com/mobapps/tnc - English

http://www.mgmmacau.com/zh-hans/mobapps/tnc – Simplified Chinese

http://www.mgmmacau.com/zh-hant/mobapps/tnc – Traditional Chinese

and the MGM Macau Privacy Policy ("MGM Privacy Policy”) is available at: https://www.mgmmacau.com/privacy_policy – English

https://www.mgmmacau.com/zh-hant/privacy_policy – Traditional Chinese

https://www.mgmmacau.com/zh-hans/privacy_policy – Simplified Chinese

In the case of Resorts World Manila, Program Rules are available at:

https://www.rwmexclusives.com/membership_policies – English

http://www.rwmanila.com/cn/%E6%9C%83%E5%93%A1%E6%94%BF%E7%AD%96 – Traditional Chinese

and the Resorts World Manila (“RWM Privacy Policy”) is available at:

http://www.rwmanila.com/privacy-policy – English

http://www.rwmanila.com/cn/%E9%9A%B1%E7%A7%81%E6%94%BF%E7%AD%96 – Traditional Chinese

 

Any personal information You provide to us, which may include Your name, birth date and email address, will be held and used in accordance with PLAYSTUDIOS' Privacy Policy. You agree that You will supply accurate and complete information to us, and that You will update that information promptly after it changes.  From time to time, other Rewards Partners may institute programs that require You to link Your Account to an account sponsored by such Rewards Partner.  If You choose to participate in such programs, You hereby agree to comply with all applicable Reward Partner rules, policies and terms and conditions.

LICENSE

STANDARD CARRIER DATA CHARGES MAY APPLY TO YOUR USE OF THE APPLICATION.

To use the Service You must have a mobile device that is compatible with the Application.  PLAYSTUDIOS does not warrant that the Application will be compatible with Your mobile device.  If You decide to use the Service, subject to Your agreement and compliance with these Terms, the Privacy Policy, the Loyalty Club Rules and Loyalty Club Privacy Policy (if applicable), and applicable terms and conditions of the rewards programs offered by our other Rewards Partners,  PLAYSTUDIOS hereby grants You a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one mobile device owned or leased solely by You.  PLAYSTUDIOS also grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application.  Use of the Service shall be solely for Your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which You are situated, You shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it.  You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application.  You acknowledge that PLAYSTUDIOS may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that You are using on Your mobile device, but that PLAYSTUDIOS has no obligation to do so.  You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades.  The foregoing license grant is not a sale of the Application or any copy thereof, and PLAYSTUDIOS and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). 

CHIP RAFFLES/GIVEAWAYS

From time to time, the Lucky Life application offers events where players can compete for a reward consisting solely of game chips in order to play the game. These events are not sponsored by Apple or Google Play.

VIRTUAL ITEMS

From time to time during Your use of the Service, You may have the opportunity to "earn”, "buy" or "purchase" (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, "Virtual Items"). You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by "earning”, "buying”, or "purchasing” Virtual Items, You are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The Virtual Items have no real-world value and cannot be exchanged for anything of real-world value. PLAYSTUDIOS prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by PLAYSTUDIOS in writing. Accordingly, You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without PLAYSTUDIOS' written permission. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account to termination. You acknowledge and agree: (a) that PLAYSTUDIOS may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that PLAYSTUDIOS has no liability to You for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. PLAYSTUDIOS reserves the right, without prior notification but where PLAYSTUDIOS considers it to be reasonably necessary, to limit the quantity of the Virtual Items You can purchase and/or to refuse to allow You to purchase such Virtual Items.

Except to the extent specified in the section “Additional Terms for Specific Jursidictions” if you are located in Australia, You acknowledge and agree that PLAYSTUDIOS shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. PLAYSTUDIOS may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. PLAYSTUDIOS owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service, including all such content owned by our Rewards Partners and their affiliates. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether "earned” in a game or "purchased” from PLAYSTUDIOS.

LOYALTY POINTS

You will have the opportunity to accumulate "Loyalty Points” through Your use of the Service. Loyalty Points are virtual in-game points that You can use to "purchase” Rewards or other Virtual Items within the Service. You do not in fact own the Loyalty Points You accumulate and the amounts of any Loyalty Points You accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by "earning”, "buying”, or "purchasing” Loyalty Points, You are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. Except to the extent specified in the section “Additional Terms for Specific Jursidictions” if you are located in Australia, You acknowledge and agree that PLAYSTUDIOS shall have no liability for loss of Loyalty Points due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. PLAYSTUDIOS may replace such lost Loyalty Points at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. In the event PLAYSTUDIOS encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, PLAYSTUDIOS reserves the right to correct any such errors. If You participate in any of our Rewards Partners’ rewards programs (including but not limited to M life), the Loyalty Points You accumulate through Your use of the Service may be exchanged for items, services or experiences (each a "Reward”) offered by such Rewards Partners through those programs.

Accumulating Loyalty Points

You may accumulate Loyalty Points by taking certain actions while using the Services. The Service will notify You when Your in-game actions have resulted in a change to Your Loyalty Point balance. Every player has the same opportunity to earn the same amount of Loyalty Points for completing the same actions. PLAYSTUDIOS reserves the right to, at any time, change the formulae determining the amounts of Loyalty Points accumulated for any action; such changes will be effective on a forward basis and not retroactively. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon chance, luck, or the outcome of any game You play during Your use of the Services.  Notwithstanding any provision to the contrary herein, PLAYSTUDIOS reserves the right, without prior notification, to place restrictions and/or disable Your accumulation of Loyalty Points, and/or the mechanisms by which Loyalty Points are accumulated.

Using Loyalty Points

You may exchange Your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange Your Loyalty Points for Rewards in the "Rewards” area of the Service. In order to redeem a Reward, You must have a valid Authentication account and have connected the Application to Your Authentication account. The first time You exchange Your Loyalty Points for Rewards, You will be asked to provide Your name, email address and other contact information. The name You provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service. The identification will be used by our Rewards Partners to verify Your eligibility.

Once You have exchanged Loyalty Points for a Reward, You are said to have "purchased” that Reward. After purchasing Your Reward, You will have a limited period of time in which to complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for Your specific use at a particular time. When the redemption process is complete, You may then “use” the Reward. A Reward is considered “used” at the moment when it is consumed, e.g., when You check into a hotel room, eat a meal, or attend a show.

Rewards Partners may, at their discretion, place restrictions on the usage of the rewards they offer in the Service, e.g., a minimum age requirement, reward usage black-out dates, a limit as to the number and frequency of rewards that may be used within a specified period of time, and the requirement to participate in the partner’s own loyalty program, which may exist independently of the Service.  Redemption of Rewards are subject to the terms and provisions of the Rewards provider.

Because the Redemption Period, redemption method, and other terms of Rewards usage may vary, You must review the specific terms and conditions of each Reward You purchase with Your Loyalty Points. PLAYSTUDIOS is not responsible for the terms and conditions of the Rewards and bears no responsibility to You for any such unread, misread or misunderstood terms. Rewards may be curated based on geography and the selection and availability of Rewards is subject to change without notice. PLAYSTUDIOS makes no guarantees as to the availability of any Reward. For complete details and the terms, conditions and restrictions for any individual reward, please refer to the rewards detail found within the Rewards catalog within the Service.

Loyalty Points have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Loyalty Points to any other party. Any attempt to do so will invalidate the Loyalty Points and may result in the termination of Your Account.

Reward Cancellations and Refunds

Generally, You may cancel, during the Redemption Period and for a full refund of the Loyalty Points used to purchase it, any Reward that You have purchased but not yet redeemed. Once You have redeemed a Reward, either through the online reservation system available through the Service or otherwise, You may no longer cancel that Reward and You will not receive a refund of Your Loyalty Points. On rare occasions, a Reward will "sell out” or otherwise become unavailable between the time You purchase it and the time You redeem it. If You are, within the Redemption Period, unable to redeem a purchased Reward because of such unavailability, You will be eligible to receive a full refund of the Loyalty Points used to purchase that Reward. If You do not redeem or cancel a Reward during that Reward's Redemption Period, the Reward will expire. Your Loyalty Points will not be refunded to You if You allow a purchased Reward to expire. Some Rewards are of such limited availability that our Rewards Partners may, in their sole discretion, deem them to be non-refundable. Non-refundable Rewards do not have a Redemption Period and therefore may not be cancelled for a refund of Loyalty Points after they are purchased. You are solely responsible for reading and understanding the refund terms and conditions of each Reward You purchase.

Changes and Other Rewards Terms

You must be 21 years of age or older at time of redemption of Rewards offered by MGM Resorts, Resorts World Manila and certain other Rewards Partners. Additionally, You must enroll in the mLife or Golden Lion Club program before or during redemption in order to redeem MGM Resorts International or MGM Macau Rewards or the RWM Exclusives program before or during redemption in order to redeem Resorts World Manila Rewards. The M life and Golden Lion Club enrollment process is run by MGM Resorts International and MGM Macau and may require You to provide MGM Resorts International or MGM Macau with information such as Your name, email address, mailing address and phone number. If You choose not to enroll in these Loyalty Clubs after purchasing a Reward offered from the Rewards Partners’ hotels, cruise lines, casinos and other properties (“Property”), and You are still within the Redemption Period, You may cancel the Reward purchase and receive a full refund of Your Loyalty Points. Once You have redeemed a Reward by making a reservation with a Property, Your ability to change that reservation will be at the sole discretion of the Rewards Partner. Any such changes will not result in a change to Your Loyalty Points balance.

From time to time, other Rewards Partners may require You to enroll in separate rewards programs as a condition of redeeming certain Rewards.  If You choose to participate in such programs, You hereby agree to comply with all applicable Reward Partner rules, policies, andterms and conditions.  Once You have redeemed a Reward with any such Rewards Partner, Your ability to change that Reward may be at the sole discretion of that Rewards Partner. Any such changes will not result in a change to Your Loyalty Points balance.

Rewards have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of Your Account.

Inactive Accounts

If You do not use Your Account by logging in using the Service at least once every 180 days, Your Account will be deemed inactive. When an Account has been deemed inactive, PLAYSTUDIOS may, at its own discretion, expire any Loyalty Points accumulated by You. Once Your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of PLAYSTUDIOS. Although You can, at any time, reactivate Your Account by logging in and using the Service after Your Account has been deemed inactive, Your previous game status, including currency balances, levels, virtual items, and Loyalty Points will not be restored upon such reactivation.

THIRD PARTY PROVIDERS OF GOODS AND SERVICES

Our Rewards Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any reward program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason.  Any such changes may affect Your ability to use the Loyalty Points that You have accumulated through Your use of the Service to purchase or redeem Rewards from such Rewards Partners. You hereby agree that PLAYSTUDIOS shall have no liability to You as a result of such action by any Rewards Partner.

MGM Resorts International, MGM Macau, and Resorts World Manila each reserve the right to unilaterally change, amend, suspend, cancel, or terminate any aspect of their Loyalty Club programs (M life, RWM Exclusives), their benefits, and/or their terms and conditions, in whole or in part, at any time, with or without notice for any or no reason. Loyalty Club members acknowledge and agree that Loyalty Club membership and its benefits, including but not limited to points, tier credits, and/or complimentary goods and/or services, are provided at the discretion of the management of the Rewards Partner and may be revoked, cancelled, or forfeited at any time at the discretion of the Rewards Partner’s management, with or without cause or notice. Any such changes may affect Your ability to use the Loyalty Points that You have accumulated through Your use of the Service. You hereby agree that PLAYSTUDIOS shall have no liability to You as a result of any such action by any Rewards Partner including MGM Resorts International, MGM Macau, and Resorts World Manila. MGM Resorts International and M life are registered trademarks of MGM Resorts International. MGM Macau is a registered trademark of MGM China Holdings Limited. RWM and Resorts World Manila are registered trademarks of Travellers International Hotel Group Limited.

Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services made available on or through the Service, Your participation the rewards programs offered by any of our Rewards Partners, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party provider and solely at Your own risk. You hereby release PLAYSTUDIOS (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Service. If You are a resident of any jurisdiction that requires a waiver for the foregoing release to be enforceable, You hereby waive any applicable statutes of that jurisdiction.

TERMINATION

The following provision does not apply if You are located in Australia. If You are located in Australia, the provisions relating to termination are contained in the section “Additional Terms for Specific Jursidictions”.

PLAYSTUDIOS may terminate or suspend Your Account (including, but not limited to, suspending Your ability to purchase, redeem or consume Rewards) and/or Your access to the Service (including, but not limited to, restricting Your ability to use the Application) at any time without notice and without liability to You, including for breach of these Terms, the Privacy Policy, the Loyalty Club Rules and Loyalty Club Privacy Policy (if applicable) or applicable terms and conditions of the rewards programs offered by our other Rewards Partners by You, for maintenance, repair or upgrading of the Application or the Service, where there are technical difficulties or where it is not feasible to provide the Service or where PLAYSTUDIOS has reason to believe termination or suspension is necessary for an emergency or to comply with a law or direction of a regulatory authority. Upon any such termination, Your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and You will lose any Loyalty Points that You have accumulated. PLAYSTUDIOS shall have the right, but not obligation, to store any User Content subsequent to any such termination. 

You may discontinue Your use of the Service and/or the Application at any time. If You wish to delete Your Account with PLAYSTUDIOS, please contact us at Delete@playstudios.asia with details of Your PLAYSTUDIOS User ID, ID of Your Facebook or other authentication methods, as appropriate. Please note that by requesting PLAYSTUDIOS to delete Your account, all of the Virtual Items (including any Loyalty Points) that You have accumulated will be lost. PLAYSTUDIOS is in no way liable to You for the effects of such deletion of Your Account on Your use of the Service or the Virtual Items or Loyalty Points You have accumulated.

USER CONTENT AND FEEDBACK

The Service may include various forums, blogs, and chat rooms where You and other users can post Your observations and comments on designated topics ("User Content”). PLAYSTUDIOS cannot guarantee that other users will not use the ideas and information that You share. Therefore, if You have an idea or information that You would like to keep confidential do not post it on the Service. PLAYSTUDIOS IS NOT RESPONSIBLE FOR ANY USER'S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, You hereby grant to PLAYSTUDIOS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. PLAYSTUDIOS does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that You may have to use and exploit any such User Content. You acknowledge and agree that You are solely responsible for all User Content that You make available through the Service. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that You make available through the Service or that You have all rights, licenses, consents and releases that are necessary to grant to PLAYSTUDIOS the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or PLAYSTUDIOS' use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. PLAYSTUDIOS may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by PLAYSTUDIOS, and these communications should not be considered reviewed or approved by PLAYSTUDIOS. By using the Service You acknowledge and accept that You may be exposed to material You find offensive or objectionable. You are solely responsible for Your activities in connection with User Content and You agree that PLAYSTUDIOS will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content. PLAYSTUDIOS reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, PLAYSTUDIOS shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. PLAYSTUDIOS welcomes and encourages Your feedback, comments,  suggestions for improvements to the Service and suggestions for features in relation to the Application, Service or a game ("Feedback"). You may submit Feedback at https://playstudiosasia.helpshift.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of PLAYSTUDIOS, including without limitation any features in relation to the Application, Service or a game suggested as part of Your Feedback that is developed and implemented by PLAYSTUDIOS, and You hereby irrevocably assign to PLAYSTUDIOS and agree to irrevocably assign to PLAYSTUDIOS all of Your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At PLAYSTUDIOS' request and expense, You will execute documents and take such further acts as PLAYSTUDIOS may reasonably request to assist PLAYSTUDIOS to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

GENERAL RULES OF CONDUCT AND USAGE

You represent and warrant that You have full right and authority to use the Service and to be bound by these Terms. You agree that You will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that You shall not defraud, or attempt to defraud, PLAYSTUDIOS or other users, and that You shall not act in bad faith in Your use of the Service. If PLAYSTUDIOS determines that You do act in bad faith, or in violation of these Terms, or, except where You are located in Australia, if PLAYSTUDIOS determines that Your actions fall outside of reasonable community standards, PLAYSTUDIOS may, at its sole discretion, make adjustments or cancel the number of Loyalty Points associated with Your Account, terminate Your Account and/or prohibit You from using the Service. By way of example, You specifically agree that You shall not:

            1.         Download the Application, create an Account or access or use any part of the Service if You are under the age of 18;

            2.         Attempt to link Your Account with any Loyalty Club account if You are under the age of 21, or to link Your Account with the rewards program of any other Rewards Partner if You do not meet the age requirements of such programs;

          3.        Download the Application, create an Account or access or use any part of the Service for and on behalf of someone under the age of 18;

          4.         Assist a person to link his/her Account with any Loyalty Club if that person is under the age of 21, or to link that person's Account with the Rewards program of any other Rewards Partner if that person does not meet the age requirements of such programs;

            5.         Use the Service if You are located in a country embargoed by the United States or if You are on the U.S. Treasury Department's list of Specially Designated Nationals;

            6.         Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;

            7.         Access, tamper with, or use non-public areas of the Service, PLAYSTUDIOS computer systems, or the computer systems of our providers and partners;

            8.         Attempt to probe, scan, or test the vulnerability of any PLAYSTUDIOS system or network or breach any security or authentication measures;

            9.         Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PLAYSTUDIOS or any of our providers or any other third party (including another user) to protect the Service or any part thereof;

            10.       Attempt to use the Service on or through any platform or service that is not authorized by PLAYSTUDIOS;

            11.       Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

            12.       Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;

            13.       Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

            14.       Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than Yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by PLAYSTUDIOS and/or any Rewards Partner;

            15.       Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;

            16.       Upload or transmit (or attempt to upload or to transmit), without PLAYSTUDIOS' express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1x1 pixels, cookies or other similar devices;

            17.       Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;

            18.       Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;

            19.       Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;

            20.       Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account or any Virtual Items associated with Your Account to anyone without PLAYSTUDIOS' written permission;

            21.       Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without PLAYSTUDIOS' permission;

            22.       Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;

            23.       Violate any applicable law or regulation;

            24.       Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;

            25.       Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or

            26.       Encourage or enable any other individual or group to do any of the foregoing.

INTELLECTUAL PROPERTY OWNERSHIP

The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, PLAYSTUDIOS and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that You shall not:

            1.         Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without PLAYSTUDIOS' explicit, prior written permission;

            2.         Use, display, mirror or frame the Service, or any individual element within the Service;

            3.         Use the intellectual property of PLAYSTUDIOS, or any PLAYSTUDIOS licensor, to adapt, modify or create derivative works based on such intellectual property;

            4.         Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or

            5.         Use or reproduce any PLAYSTUDIOS licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.

LINKS TO THIRD PARTY SITES

The Service may contain links to third-party websites or resources that are not owned or controlled by PLAYSTUDIOS. You acknowledge and agree that PLAYSTUDIOS is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. PLAYSTUDIOS does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by PLAYSTUDIOS of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

COPYRIGHT INFRINGEMENT NOTICE

If You are a copyright owner or an agent thereof and believe Your work is the subject of copyright infringement on the Service, You may submit a notification of claimed infringement and provide PLAYSTUDIOS' Designated Agent with the following information:

(a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(c) Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address;

(d) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(e) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

PLAYSTUDIOS' Designated Agent for claims of copyright infringement can be reached as follows: by support ticket at https://playstudiosasia.helpshift.com or by email at Legal@playstudios.asia.

You acknowledge that if You fail to comply with substantially all of the above requirements of this section Your copyright infringement notice may not be valid and we may not be able to remove infringing content.

UPDATES TO THE SITE AND SERVICE; MAINTENANCE

You acknowledge and agree that PLAYSTUDIOS may update the Service with or without notifying You. PLAYSTUDIOS may require that You accept updates to the Service and You may also need to update third party software from time to time in order to receive the Service. PLAYSTUDIOS conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to PLAYSTUDIOS when the problem is encountered at https://playstudiosasia.helpshift.com.

DISPUTE RESOLUTION AND ARBITRATION

Purpose

This Dispute Resolution and Arbitration provision (this "Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between You and PLAYSTUDIOS. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial (where applicable to Your jurisdiction), and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.

NOTWITHSTANDING ANYTHING IN THIS PROVISION, IN SOME COUNTRIES, PLAYSTUDIOS MAY NOT INITIATE ARBITRATION PROCEEDINGS FOR A DISPUTE BETWEEN YOU AND PLAYSTUDIOS UNLESS YOU CONSENT IN WRITING AFTER A DISPUTE HAS ARISEN. IN THESE COUNTRIES, PLAYSTUDIOS WILL ONLY INITIATE ARBITRATION PROCEEDINGS WHERE YOU HAVE SO CONSENTED.

THIS PROVISION IS NOT MANDATORY IF YOU ARE LOCATED IN AUSTRALIA. WHILE YOU MAY CHOOSE TO COMPLY WITH THE ARBITRATION PROCEDURE SET FORTH IN THIS PROVISION, NOTHING IN THIS PROVISION SHALL PREVENT YOU FROM BRINGING OR JOINING A CLAIM AGAINST PLAYSTUDIOS IN A COURT IN AUSTRALIA WITH PROPER JURISDICTION.

Please read this Provision carefully. It provides that all Disputes between You and PLAYSTUDIOS (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury (where applicable to Your jurisdiction), and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury (where applicable to Your jurisdiction). There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys' fees). For the purpose of this Provision, "PLAYSTUDIOS” means PLAYSTUDIOS and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute” means any dispute, claim, or controversy between You and PLAYSTUDIOS regarding any aspect of Your relationship with PLAYSTUDIOS, whether based in contract, statute, regulation, ordinance, tort, or any non-contractual obligations (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the existence, validity, enforceability, scope, interpretation, performance, breach or termination of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) or these Terms of Service. "Dispute” is to be given the broadest possible meaning that will be enforced. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PLAYSTUDIOS EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, You must first give PLAYSTUDIOS an opportunity to resolve the Dispute. You must commence this process by notifying PLAYSTUDIOS’ Legal Department at Legal@playstudios.asia. That written notification must include (1) Your name, (2) Your address, (3) a written description of Your Claim, and (4) a description of the specific relief You seek. If PLAYSTUDIOS does not resolve the Dispute within 45 days after it receives Your written notification, You may pursue Your Dispute in arbitration.

Exclusion from Arbitration

Notwithstanding the above, You or PLAYSTUDIOS may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies to be heard in the small claims tribunal, it may be initiated in the small claims tribunal; (b) You do not provide written consent to resolve the Dispute by arbitration after the Dispute has arisen, where such consent is required by applicable law; or (c) the arbitration agreement is illegal or unenforceable. .

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above ("Pre-Arbitration Claim Resolution”) either You or PLAYSTUDIOS may initiate arbitration proceedings. If the parties resort to resolve a Dispute by arbitration in accordance with this Provision, such Dispute shall be determined exclusively by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted, and (i) the law of this Provision shall be Hong Kong law; (ii) the place of arbitration shall be Hong Kong; (iii) the number of arbitrators shall be one; and (iv) the language to be used in the arbitral proceedings shall be English. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Arbitration Award—The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal , and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or PLAYSTUDIOS may initiate arbitration in Hong Kong.

Fees and Costs – Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if You provide notice and negotiate in good faith with PLAYSTUDIOS as provided in the section above titled "Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney's fees and costs if so determined by the arbitrator.

Class Action Waiver

This provision does not apply if You are located in Australia.

To the fullest extent permitted by law, You understand and agree that by entering into this agreement, You are waiving the right to participate in a class or representative proceeding or claim, except as otherwise provided below in this Provision. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and PLAYSTUDIOS specifically agree in writing to do so following initiation of the arbitration. Neither You, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding unless both You and PLAYSTUDIOS have agreed in writing as provided above. This Provision only applies where class actions are available in Your jurisdiction.

Waiver of the right to a court trial

This provision does not apply if You are located in Australia.

You understand and agree that by entering into this agreement You and PLAYSTUDIOS are each waiving the right to a jury trial (where applicable to Your jurisdiction) or a trial before a judge in a public court. In the absence of this Provision, You and PLAYSTUDIOS might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury (where applicable to Your jurisdiction), and/or to participate or be represented in a case filed in court by others where applicable (including class actions). To the fullest extent permitted by law and except as otherwise provided in this Provision, those rights are waived. Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by the courts of Hong Kong. If the arbitration agreement is found to be illegal or unenforceable, the Dispute will be decided by the courts of Hong Kong.

Continuation

This Provision shall survive the termination of Your service with PLAYSTUDIOS.

DISCLAIMER OF WARRANTIES

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION MAY NOT APPLY TO YOU.

This section “Disclaimer of Warranties” does not apply if You are located in Australia or Malaysia. If You are located in Australia or Malaysia, the provisions relating to warranties are respectively contained in the section “Additional Terms for Specific Jursidictions”.

THE SERVICES (INCLUDING THE APPLICATION) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PLAYSTUDIOS, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE "PLAYSTUDIOS PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE PLAYSTUDIOS PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE PLAYSTUDIOS PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT PLAYSTUDIOS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES PLAYSTUDIOS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE PLAYSTUDIOS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

LIMITATION OF LIABILITY

EXCEPT WHERE YOU ARE LOCATED IN AUSTRALIA, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APPLICATION, REMAINS WITH YOU. NEITHER THE PLAYSTUDIOS PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PLAYSTUDIOS PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE PLAYSTUDIOS PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENT EXCEED THE HIGHER OF (I) THE ENTIRE AMOUNT OF CHARGES PAID OR PAYABLE BY YOU TO PLAYSTUDIOS FOR ANY CHARGEABLE SERVICES DURING THE RELEVANT CALENDAR YEAR; AND (II) FIVE HUNDRED U.S. DOLLARS (US$500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLAYSTUDIOS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

FOR THE AVOIDANCE OF DOUBT, NOTHING IN THE TERMS SHALL EXCLUDE OR LIMIT LIABILITY IN RELATION TO (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR WILFUL OR RECKLESS MISCONDUCT; (II) ANY FRAUD OR FRAUDULENT MISREPRESENTATION; AND (III) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

INDEMNITY

You agree to indemnify, save, and hold the PLAYSTUDIOS Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, any violation by You of these Terms, any of Your User Content, or any breach of the representations, warranties, and covenants made by You herein. PLAYSTUDIOS reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PLAYSTUDIOS, and You agree to cooperate with PLAYSTUDIOS' defense of these claims. PLAYSTUDIOS will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of Your Account (if applicable) or of Your access to or use of the Service.

ADDITIONAL MOBILE APPLICATION TERMS

The following additional terms and conditions apply with respect to any application that PLAYSTUDIOS provides to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):

            •          Youacknowledge that these Terms are between You and PLAYSTUDIOS only, and not with Apple, Inc. (“Apple”).

            •          Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.

            •          PLAYSTUDIOS, and not Apple, is solely responsible for our iOS App and the services and content available thereon.  You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.

            •          You agree that PLAYSTUDIOS, and not Apple, is responsible for addressing any claims by You or any third party relating to our iOS App or Your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.

            •          You agree that PLAYSTUDIOS, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or Your possession and use of our iOS App.

            •          You represent and warrant that (i) You are not located in a 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; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

            •          You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).

            •          You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to Your license to use the iOS App.  Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third party beneficiary thereof.

The following additional terms and conditions apply with respect to any application that PLAYSTUDIOS provides to You designed for use on an Android-powered mobile device (an “Android App”):

            •          You acknowledge that these Terms are between You and PLAYSTUDIOS only, and not with Google, Inc. (“Google”).

            •          Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.

            •          PLAYSTUDIOS, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof.  Google has no obligation or liability to You with respect to the Android App or these Terms.

THIRD PARTY RIGHTS

Pursuant to the Contracts (Rights of Third Parties) Ordinance, each and all of PLAYSTUDIOS ASIA LIMITED's parents, subsidiaries and affiliate companies (each being a “PLAYSTUDIOS Third Party”) shall be entitled to the benefit of and to enforce the provisions of these Terms.  Subject to this, a person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Ordinance to enforce any provision of these Terms. This Third Party Rights provision does not affect any right or remedy of any person which exists or is available otherwise than pursuant to the Contracts (Rights of Third Parties) Ordinance.

The parties may, without the consent of any PLAYSTUDIOS Third Party, rescind or vary these Terms in such a way as to extinguish or alter the benefits or rights conferred by this Third Party Rights provision.

ADDITIONAL TERMS FOR SPECIFIC JURISDICTIONS

The following additional terms and conditions apply to You, depending on Your location, as outlined below.

If You are in Australia:

TERMINATION

PLAYSTUDIOS may terminate Your Account and/or Your access to the Service on 7 days’ prior notice.

However, PLAYSTUDIOS may also terminate Your Account and/or Your access to the Service (including, but not limited to, by restricting Your ability to use the Application) immediately, without notice to You, where You haved breached in a serious or significant way any of these Terms, the Privacy Policy, the Loyalty Club Rules, the Loyalty Club Privacy Policy (if applicable) or any other applicable terms and conditions of the rewards programs offered by our Rewards Partners, or where PLAYSTUDIOS has reason to believe termination is necessary to comply with a law or direction of a regulatory authority.

PLAYSTUDIOS may suspend Your Account (including, but not limited to, suspending Your ability to purchase, redeem or consume Rewards) and/or Your access to the Service (including, but not limited to, restricting Your ability to use the Application) immediately, without notice to You, for maintenance, repair or upgrading of the Application or the Service where notice would be impractical, where there are technical difficulties or where PLAYSTUDIOS has reason to believe suspension is necessary for an emergency or to comply with a law or direction of a regulatory authority.

 You may discontinue Your use of the Service and/or the Application at any time. If You wish to delete Your Account with PLAYSTUDIOS, please contact us at Delete@playstudios.asia with details of Your PLAYSTUDIOS User ID, ID of Your Facebook or other authentication methods, as appropriate. Please note that by requesting PLAYSTUDIOS to delete Your account, all of the Virtual Items (including any Loyalty Points) that You have accumulated will be lost.

On the effective date of termination, Your access to the Service, including all User Content and Virtual Items, will be disabled and You will lose any Loyalty Points that You have accumulated and not redeemed for a Reward. PLAYSTUDIOS shall have the right, but not obligation, to store any User Content subsequent to any such termination.

DISCLAIMER OF WARRANTIES

THE SERVICES (INCLUDING THE APPLICATION), ALL CONTENT THEREON OR THEREIN AND ALL PRODUCTS OBTAINED THROUGH THE SERVICES ARE PROVIDED BY PLAYSTUDIOS, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “PLAYSTUDIOS PARTIES”) ON AN "AS IS", "AS AVAILABLE" BASIS AND PLAYSTUDIOS EXCLUDES AND DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR IMPOSED BY APPLICABLE LAW, INCLUDING THE FOLLOWING:

(A) WHILE PLAYSTUDIOS ENDEAVOURS TO PROVIDE A CONVENIENT AND FUNCTIONAL SERVICE AND APPLICATION, PLAYSTUDIOS DOES NOT GUARANTEE THAT YOUR REQUIREMENTS WILL BE MET OR THAT THE SERVICE OR APPLCIATION WILL BE SUITABLE FOR YOUR PURPOSE OR IS ACCURATE, COMPLETE, SECURE OR ERROR FREE, OR THAT YOUR USE OF THE SERVICE AND APPLICATION WILL BE UNINTERRUPTED.

(B) PLAYSTUDIOS CANNOT BE RESPONSIBLE FOR ANY LOSS, CORRUPTION OR INTERCEPTION OF DATA SENT TO OR FROM THE SERVICE WHICH OCCURS OUTSIDE OF PLAYSTUDIOS' INFORMATION TECHNOLOGY SYSTEMS (SUCH AS THOSE WHICH OCCUR WHILE BEING SENT OVER THE INTERNET).

However, regardless of the above, in Australia some laws (including Schedule 2 of the Australian Competition and Consumer Act 2010 (Cth)) do not allow the exclusion of some guarantees, conditions, warranties or terms implied or imposed by those laws, or do not allow limitations on how long any such guarantee, condition, warranty or term may last, so the limitations contained in the immediately preceding provision may not apply to You. Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by applicable law which cannot be lawfully excluded, restricted or modified.

If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a "non-excludable provision"), and PLAYSTUDIOS is able to limit Your remedy for a breach of the non-excludable provision, then PLAYSTUDIOS' liability for breach of the non-excludable provision is limited exclusively (so far as applicable laws do not prohibit) to one or more of the following at PLAYSTUDIOS' option:

(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring requivalent goods, or the payment of the cost of having the goods repaired.

(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT PLAYSTUDIOS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES PLAYSTUDIOS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE PLAYSTUDIOS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

VIRTUAL ITEMS AND LOYALTY POINTS

You acknowledge and agree that PLAYSTUDIOS shall have no liability for loss of Loyalty Points or Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity except to the extent such loss is caused by PLAYSTUDIOS' or our affiliates’, subsidiaries’, officers’, directors’, employees’, agents’ or licensors’ negligence.

If You are in Malaysia:

DISCLAIMER OF WARRANTIES

THE SERVICES (INCLUDING THE APPLICATION) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED BY PLAYSTUDIOS, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE "PLAYSTUDIOS PARTIES”).  THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND PLAYSTUDIOS EXPLICITLY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR IMPOSED BY APPLICABLE LAW, INCLUDING, MERCHANTABILITY, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE PLAYSTUDIOS PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE PLAYSTUDIOS PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT PLAYSTUDIOS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES PLAYSTUDIOS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE PLAYSTUDIOS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

DISPUTE RESOLUTION AND ARBITRATION

The section “Dispute Resolution and Arbitration” shall not limit Your statutory right to seek redress under the Consumer Protection Act 1999.

CONTROLLING LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of Hong Kong without regard to its conflict of laws provisions. Except as provided in the "Dispute Resolution and Arbitration” Provision (above), the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the courts located in Hong Kong and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between PLAYSTUDIOS and You regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PLAYSTUDIOS and You regarding the Service.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without PLAYSTUDIOS' prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be of no effect. PLAYSTUDIOS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PLAYSTUDIOS by posting to the Service. Any notices or other communications permitted or required hereunder by You, shall be in writing and addressed to PLAYSTUDIOS ASIA LIMITED Legal Department at Legal@playstudios.asia. Any notices that You provide without compliance with this section shall have no legal effect.

CONSUMER NOTICE

The Service is provided by PLAYSTUDIOS ASIA LIMITED, a Hong Kong limited company. If You have a question or complaint regarding the Service, please contact Customer Service at https://playstudiosasia.helpshift.com.

WAIVER; SEVERABILITY

The failure of PLAYSTUDIOS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PLAYSTUDIOS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction or arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.