YOUR USE OF PLATOGO'S WEBSITE(S) AND THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME, CONSTITUTE A LEGAL AGREEMENT BETWEEN PLATOGO GMBH ("PLATOGO" OR "WE") AND YOU ("YOU".) YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE PLATOGO.COM WEBSITE OR ANY GAMES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH PLATOGO'S WEBSITE(S) (COLLECTIVELY, THE "SERVICES".) BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE ALL USE OF THESE WEBSITES AND YOUR ACCOUNT.
Platogo requires users of Platogo's websites and any of its services to be 14 years of age or older.
By using Platogo's websites you confirm that you are 14 years of age or older. Major minors (in Austria: persons aged 14 to 18) require the permission of their parent or legal guardian, who needs to agree to these Terms of Service prior to the giving of personal information, the use of Communication Services or the purchase of Platogo Coins. If you are under 14 years of age please do not access Platogo.com website.
You agree that, if your computer, Internet-enabled device, Internet connection and/or facilities (whether owned, leased or borrowed) access or assist users in accessing the Platogo.com website or its services, you will not allow or assist, knowingly or unknowingly, children under 14 years of age to access the Platogo.com website or its services.
Platogo's websites may link to third party websites that are neither maintained by nor related to Platogo. Such third party websites, which are not controlled by Platogo, may collect data or solicit personal information from you. To the maximum extent permissible by law, Platogo is not responsible for such linked websites' content, business practices or privacy policies, or for the collection, use or disclosure of any information that those websites may collect. The inclusion of any link does not imply an affiliation of Platogo with such linked websites.
To the maximum extent allowed by law, neither Platogo nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "Platogo Parties") warrant any connection to, transmission over, results or use of any network connection or facilities provided (or failed to be provided) through Platogo's websites or services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PLATOGO WEBSITES, SERVICES AND SOFTWARE, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE PLATOGO WEBSITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. THE PLATOGO PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE PLATOGO PARTIES, OR BY YOUR OR ANY OTHER USER'S OWN ERRORS AND/OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE PLATOGO PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE PLATOGO WEBSITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PLATOGO IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S.) IN NO CASE SHALL THE PLATOGO PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATOGO WEBSITES, SERVICES OR SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH PLATOGO.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE PLATOGO WEBSITES AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE PLATOGO PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.
In certain areas of our websites you will be able to communicate with other users (the "Communication Services"), and submit works of authorship, text postings and other materials and content ("User-Generated Content".) Your posting of User-Generated Content is subject to these Terms and the following rules of conduct ("Rules of Conduct".) Platogo reserves the right to terminate or suspend the access to any or all of the Communication Services at any time, without notice, for users found to be in violation of these Rules of Conduct or the Terms.
You understand and acknowledge that you are responsible for your User-Generated Content, and agree not to post, publish, upload or transmit any content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted or invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.
These websites are intended to allow information exchanges, and for users to express their opinions. Except as expressly authorized by Platogo, you will not advertise or offer to sell or buy any goods or services for any purpose.
You agree that you may upload or otherwise transmit on or through the Services only Content that is not subject to any third party rights, or Content in which any holder of rights has given express authorization for distribution on the Services. Furthermore, you agree that you will not post any content that contains a name which belongs to another person with the intent to impersonate that person or which violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
You agree that you will not post any content, software, files or links to other sites (except as may be specifically permitted by Platogo) that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the websites, or features thereof. You further agree that you will neither use or distribute any cheat utility, software, macro programs or applications that allow you or other users to cheat in online games posted on these websites or elsewhere, nor use robots, spiders, or other means to cheat in online games on these websites, nor engage in fraudulent activity.
You understand and acknowledge that you are responsible for your User-Generated Content, and agree not to post, publish, upload or transmit any content that is harmful, abusive, vulgar, sexually explicit, sexist, racist, violent, defamatory, libelous, obscene, infringing, embarrassing, unwanted or invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.
You understand and acknowledge that your User-Generated Content is exclusively your responsibility, and that the Platogo Parties are not responsible for the information, data, text or other materials that may appear in User-Generated Content. Platogo cannot necessarily review User-Generated Content prior to posting and Platogo makes no warranties, express or implied, as to the User-Generated Content or to the accuracy and reliability of the User-Generated Content. Opinions expressed in User-Generated Content do not necessarily reflect the opinions of the Platogo Parties, and Platogo neither endorses nor has any control over User-Generated Content.
You agree and understand that you have no ownership rights in your Account. Platogo reserves the right to terminate your Account and delete all User-Generated Content associated with your Account at any time, and without notice, if you have violated these Rules of Conduct, the Terms, the law, or for any other reason. Platogo assumes no liability for any information removed from our website, and reserves the right to permanently restrict access to the website or a user Account.
Platogo.com is a public website. By posting User-Generated Content, you understand and acknowledge that any content or other communications you transmit on or through Platogo's Services or websites in any manner, and for any reason, will not be treated as confidential or proprietary. You agree and acknowledge that all User-Generated Content posted by you or other materials you transmit to Platogo may be used by Platogo for any reason whatsoever subject to the terms of the User-Generated Content License described in Ownership of User-Generated Content below.
After posting your User-Generated Content to the Platogo website, you continue to retain all ownership rights in such User-Generated Content, and you continue to have the right to use your User-Generated Content in any way you choose, subject to these Terms and the license described herein ("User-Generated Content License".)
By uploading, transmitting, or otherwise posting any User-Generated Content on or through the Platogo Services or websites, you hereby grant to Platogo a limited, non-exclusive, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the User-Generated Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. This license will terminate at the time you remove your User-Generated Content from the website.
These Terms of Service are governed by the laws of Austria, especially the Austrian e-commerce law, and you hereby submit to the exclusive jurisdiction of the Austrian courts.
Platogo may assign these Terms of Service, in whole or in part, at any time.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.