Playforia Terms of Service

1. General

2. Contents of the Services

3. Using the Services

4. Third Party Sites

5. Conduct When Using the Services

6. Privacy

7. Security

8. Copyrights and other Intellectual Property Rights

9. Disclaimer of Warranties and Limitations of Liability

10. Choice of Law and Forum

11. Waiver and Severability

12. How to Contact Playforia

1. General

This website (www.playforia.net, hereinafter referred to as “Site”) operated by Namida Diamond Factory Ltd. offers games, activities and services including but not limited to Playforia and Playforia products and services and other content (hereinafter jointly referred to as "Services"). These Terms of Service (hereinafter "TOS") govern the Services, the use thereof and any and all use of this Site by any user (hereinafter "You").

Any use of the Site or Services by You constitutes Your express acceptance of these TOS. If You do not accept these TOS You may not use this Site and/or Services.

In addition to these TOS some Services may be subject to additional terms and conditions and any use of such Services constitutes Your express consent of such additional terms and conditions. Except where expressly agreed otherwise between Playforia and You in writing, You may use the Site and Services for Your personal non-commercial purposes only and solely in compliance with these TOS and any applicable laws and regulations. To the greatest extent permitted by the applicable law, these TOS constitute the entire agreement between You and Namida Diamond Factory.

Playforia is a registered trademark of Namida Diamond Factory Ltd., a corporation with limited liability, and construed according to the laws of the Republic of Finland, registered at the Finnish Trade Registry (company identification number 2261603-3, VAT –register number FI22616033 having its principal place of busines at Kaivokatu 10 A, 00100 Helsinki, FINLAND (hereinafter "Namida"). Other trademarks, symbols or logos on the Site or Services may be registered or established trademarks, symbols or logos of Namida or its licensors.

Namida may revise or update these TOS at any time as it may deem appropriate. Revised or updated TOS shall become effective and binding on You in thirty (30) days after such revised or updated TOS have been made available and published on the Site. By using the Site and Services You agree to review these TOS periodically to become aware of such revisions. You may view these TOS at all times by clicking on the appropriate link on the opening page of the Services. The use of the Site and/or Services after thirty (30) days revised or updated TOS were sent to the Site is considered as acceptance of the revised or updated TOS. If You do not accept the revised or updated TOS You may not use the Site or Services.

Namida maintains a hard copy of the current TOS. If a dispute which of the TOS is the current one, such hard copy shall be consulted and the hard copy shall prevail over any conflicting or inconsistent terms and conditions of any other TOS.

You are welcome to send any questions and comments regarding the Site, Services or TOS via the Playforia feedback form.

2. Contents of the Services

The Services include, among other things, several single and multiplayer games, information and news about the Services, chat rooms and forums for You to discuss about the Services and their contents and general information about other users (e.g. pseudonym, latest users etc.). Services may also include information about You, that You have sent or submitted to the Services (e.g. presentations about Yourself, chat messages, gallery pictures etc.). Namida shall not be liable for the correctness or discreetness of any information submitted by You on the Site or Services.

The Services also include third party advertisements and other information. Namida is not liable for the correctness or discreetness of such third party information.

The use of some Services may be subject to charges and fees. Such charges and fees, including terms of payment are announced in connection with and prior to the use of such Services. Such chargeable Services may be charged through credit card payment, by charging the Service in connection with Your mobile phone invoice, as a prepayment or by some other generally accepted payment method. The various payment methods are provided by Namida’s third party service providers and may therefore be subject to additional or different terms and conditions. Information regarding the technical steps of the payment methods, ways of correcting errors in the payment or Service order, the languages in which the purchase of Services may be executed, information regarding the information security of the applicable payment method and other such information is made available in connection with the chargeable Service.

You are hereby made aware that due to the chargeable Services being of electronic nature not allowing the return of a purchased Service and since the Service is provided immediately after purchase, You are granted no right to cancel a chargeable Service purchased.

Namida may, at its sole discretion and without prior notice, amend, change or delete parts of the Services.

3. Using the Services

a. Using the Services without Registration

Some Services on the Site are made available without any need to register as a user to the Site and Services. However, such Services may require that You create an one-time pseudonym. This pseudonym is separated from a pseudonym mentioned in Section 3.b below by a symbol ~ (tilde). Subject to submitting the on-time pseudonym You may use parts of the Services without registration free of charge.

The Services not requiring registration may be used in such a manner and scope as Namida finds appropriate. Namida reserves the right to change, amend and remove components which allow the use of the Services without registration. Such components may also be converted to be used only as a registered user.

b. Playforia Online Registration

Some of the Services on the Site require that You register to the Site. Upon registration You are requested to create an account, including submitting Your name, address, email address, date of birth and other personally identifiable information (hereinafter altogether “Personal Information”) as well as creating a personal pseudonym (user name) and password (hereinafter “Account”). The Site reserves the right to remove any account that has not been confirmed by e-mail within 14 days from creating it. Registration is free of charge.

You shall be liable for the correctness and completeness of any Personal Information that you submit to the Site and/or Services. Namida shall not be liable for any damage suffered by You due to incorrect information. Namida processes Personal Information as set out in Section 6 (“Privacy”) and any submission of Personal Information by You constitutes Your express consent and acceptance to such processing by Namida.

Your password is personal and You shall not reveal Your password to any third party or grant any third party any rights to use Your password. If the password is revealed, guessed, cracked or bugged, Namida shall not be liable for any improper or illegal use of the password or Your Account and any actions taken by using Your password are assumed to have been carried out by You. Should You become aware of any unauthorized use of Your password or Your Account or should Your password or Account be compromised, You shall immediately inform Namida thereof upon which Namida may, in its sole discretion, decide to close Your Account to avoid any misuse of Your Account. To the greatest extent permitted by law, Namida disclaims any liability for closing an Account.

If You wish to use any of the Services that require registration to the Site, You must be at least 13 years of age. Any use of the Services by minors, including users of at least 13 years of age but deemed minors under the applicable laws, should review these TOS and any Service specific terms and conditions with their parent(s) or legal guardian as well as obtain the consent of their parent(s) or legal guardian(s) prior to using the Site and/or Services. In particular any use of chargeable Services by minors requires parental consent. To the greatest extent permitted by the applicable law, any parent(s) or legal guardian(s) consenting to their minor(s) to use the Site and/or Services shall be liable for the use of the Site and/or Services by their minor(s).

By using the Site and/or Services You understand and accept that the information given in the Account or otherwise on the Site and Services and specified as public is open to all users of the Site and/or Services and the submission and making publicly available of such information shall take place at Your sole risk. Therefore Namida shall not be liable for any infringement or unauthorized use of information submitted by You on a public forum of the Site and/or Services.

c. Terminating the Account for Convenience

You have the right to terminate Your Account at Your convenience. To do so please Log on, access Your Account settings at Profile and click the button “Remove your account” at this page.

Termination shall become effective no later than twenty-four (24) hours after Namida has received Your request to terminate. Termination of Your Account shall not relieve You from any obligation or liability to pay any outstanding charges or fees for the Services purchased by You on the Site and/or Services.

d. Termination of the Account by Namida

Namida reserves the right to remove any User Account that has not been accessed within the past six (6) months. In addition, Namida is not obliged to compensate Playforia coins, chips or any Playforia products affiliated with the removed User Account in any form. Any User Account removed by Namida can instantly be released for public use. Namida is not responsible for any possible confusion caused by the reuse of such a User Account name.

4. Third Party Sites

The Site and/or Services may include information, advertisements and links to third party web sites operated by third party service providers. Namida is not responsible for the content or availability of these sites or any of the goods or services these sites or third party service providers provide. Thus, prior to using such third party sites or the contents therein You should carefully review and accept the terms and conditions applicable to such third party sites as these TOS do not apply to such third party sites. Some of the third party web sites and/or services provided therein may be subject to separate fees. Namida is not responsible for such fees or charges.

You can get to know the Privacy Policy of our advertiser from here.

5. Conduct When Using the Services

Namida and users of the Site and Services as well as third-party-vendors provide content to the Site and Services, content meaning software, images, text, sound and other information and material available on the Site and Services. Namida does not pre-screen content submitted to the Site and Services and does not have capabilities to monitor information sent to the Site and Services. Therefore Namida shall not be liable for any information that might insult or otherwise harm someone or infringe any rights of others. However any information that is considered as vulgar, illegal or has explicit sexual reference or is otherwise inappropriate or offensive may be deleted from the Site and Services upon Namida becoming aware that such information or content has been submitted and is present on the Site and/or Services.

Namida kindly asks You to report any irregularities via the Playforia feedback form.

You are personally responsible for the use, communications and activities that You take in or in connection with the Site and Services. Such responsibility includes, but is not limited to, all communications, texts, images and sounds that You contribute to the Site and/or Service. By submitting any information and content to the Site You agree to indemnify and hold Namida harmless from any liability and damages arising from such information and content submitted by You.

Without limitation, Namida finds the acts, described in the Code of Conduct (under Frequently Asked Qquestions - Basic Information), violations against these TOS and the Services and You shall not and shall not attempt to take such actions.

If Namida deems, in its sole discretion, that You have violated these TOS and/or used the Site and/or Services for any illegal or otherwise prohibited purposes, Namida may, in its sole discretion and without any liability to You

i. give You a warning;

ii. ban You for an unlimited period of time from the Site and/or Services; or

iii. terminate Your Account.

Namida is not required to provide You a notice of termination when terminating Your Account, but it may choose to do so.

6. Privacy

As no system of technology is completely safe, "tamper" or "hacker- proof", Namida has endeavoured to take appropriate measures to prevent and minimize risks of unauthorized access to, improper use and the inaccuracy of Personal Information submitted by You. However, Namida recommends that You do not disclose or publish Personal Information on the Service and/or Site and Namida is not responsible for the use of any information, including Personal Information submitted by You to any public forum and You agree to indemnify and hold Namida harmless from any liability or damages resulting from You disclosing Personal Information.

Namida collects Personal Information in connection with the registration to the Site and Services and Namida processes such Personal Information for the purposes of providing You with the Services, including communication with You, improving and developing the Services, or for the purposes of conducting market studies and analysis. However, unless compelled by applicable legislation, Namida will not disclose Your Personal Information to a third party without Your permission, except as necessary to process Your order, fulfil Your requests or manage interactive customer programs. Namida may also provide aggregate statistics about the Site visitors, sales, traffic patterns, and related Site information to reputable third-parties, but these statistics will not include any personally identifying information. In addition to the Personal Information collected when You register to the Site, the Site may use technology (e.g. Google analytics and Java Script) that lets Namida collect certain technical information like Your Internet protocol address, Your computer's operating system, Your browser type and version, traffic patterns and the address of any referring Web sites while You are logged on. Furthermore, Namida uses Cookies to handle Your session data, monitor Your Forum visits, and manage some advertisements’ visibility rules. You can disable Cookies via Your web browser’s security settings, but in doing so You will be treated like a not-logged user at the time a next page load takes place (eg refreshing the current page, or moving into another page within Playforia.) All technical information is collected for the purpose of providing the Services to You and enhancing Your Service experience.

Personal Information submitted to Playforia shall be processed by Namida on servers controlled by Namida and located in Finland, Germany, United Kingdom and/or Canada. Thus, to the extent You submit Personal Information to the Site and/or Service You hereby grant Your express and explicit consent to Namida to transfer such Personal Information from Your country of submission of Personal Information to any of the above countries and grant Your express and explicit consent to Namida to process such Personal Information in the above countries. If You do not accept such transfer of Your Personal Information to the foregoing countries or between them, You must inform Namida thereof. However, if You prohibit Namida from transferring Your Personal Information to the foregoing countries or between them, You may not be able to use the Site and Services.

If You have submitted Personal Information to Playforia, You have the right at any time to request Namida to (i) remove such Personal Information, (ii) correct any errors in Your Personal Information, including removing of any false, unnecessary or outdated data or information or (iii) update such Personal Data. Please, however, note that any request to remove Personal Information will also terminate Your Account.

With regards to Personal Information collected through the Site by any Namida third party service provider, for instance in connection with the payment of any chargeable Services, such collecting and processing is conducted by the third party service provider, not by Namida. Thus, Namida is not the data controller of such Personal Information and Namida recommends that You review the privacy policy of such third party service provider prior to submitting Personal Information.

User accepts receiving bulletins and newsletters from the service regarding the Site by e-mail.

Namida saves all chat conversations that take place within the Services. These logs may be used by Playforia personel in cases there is reason to believe that the User violated the rules or abused the Services in any way. Conversation logs are confidential and will not be revealed unless the public authorities require it.

7. Security

Namida has taken measures to protect against the loss, misuse and/or alteration of the information under Playforia's control, including Your Personal Information. These measures include, among other, a firewall to prevent unauthorized access to Playforia's system. Although Namida exercises reasonable care in providing secure transmission of information between Your computer and Namida servers, Namida does not warrant the security of any information transmitted to Playforia over the Internet or by other electronic means whether by wire or over the air and Namida disclaims, to the greatest extent permitted by law, liability for any involuntary disclosure. In connection with any chargeable Services, Namida and/or its third party service providers will attempt to protect the transmission of credit card information through industry standard, SSL (secure socket layer) encryption. However, please notice, that some aspects of the Site are not secure such as the chat rooms and/or other message or communication facilities and Namida recommends that You do not disclose Personal Information or sensitive information in these non-secure areas, as Namida cannot control third party access to or use of such information in such areas.

Should there be a security breach compromising Your Personal Information and/or other information under Playforia's control, Namida will inform You and others thereof, without undue delay, in accordance with the applicable law.

8. Copyrights and other Intellectual Property Rights

All rights, title and interest in and to the Site and Services are the exclusive property of Namida and/or its licensors’ and protected by copyrights, trademarks and other intellectual property rights. Namida and its licensors’ consents to You using the Services as made available on the Site. You shall not take any actions that may violate Namida's or its licensors’ intellectual property rights in the Site or Services, including but not limited to copying, downloading, reverse engineering, sublicensing, distributing or otherwise making available the Site or Services, unless Namida has expressly and in writing authorised You to do so.

Save for the express non-exclusive, non-transferable, limited license to use the Site and Services, Namida and its licensors’ reserve all rights and title in and to the Site and Services, including all intellectual property rights therein and thereto and no rights or licenses, express or implied are granted by Namida or its licensors to the intellectual property rights in and to the Site and Services.

It is possible that the Services are not consistent across all platforms and that the performance and some features offered by Namida may vary depending on Your computer and other equipment. Namida holds no responsibility for such inconsistencies.

Namida does not claim ownership of or title in Your communication, texts, images, sounds and any other contribution by You to the Site and/or Services. However, by submitting any content or material to the Site and/or Services You grant Namida a world-wide, royalty free, non-exclusive license to use, copy, re-direct, amend, delete, change and exploit in any way all communications, texts, images, sounds and other contributions to the Site and/or Services. By submitting any contributions to the Site, such as but not limited to, texts, images and sounds, You warrant that You hold or You have obtain all necessary rights and licenses to submit such contributions to the Site and Services and You agree to indemnify and hold Namida and/or its licensors’ harmless against any suits, actions or claims alleging that Your contributions infringe any third party rights, including but not limited to third party intellectual property rights. To the greatest extent permitted by law, You agree to pay all damages, costs and expenses, including reasonable attorneys’ fees and costs arising out of any defence of such claim, suit or action, including any damages awarded by a court of competent jurisdiction or agreed to be paid in settlement.

9. Disclaimer of Warranties and Limitations of Liability

IT IS EXPRESSLY AGREED BETWEEN NAMIDA AND YOU THAT THE USE OF THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO DOWNLOADING OR OBTAINING ANY INFORMATION, CONTENT OR OTHER MATERIAL FROM THE SITE AND SERVICES IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER FROM THE SITE OR SERVICES.

NAMIDA DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SITE AND SERVICES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND SUITABILITY OF THE SITE AND SERVICES FOR A PARTICULAR PURPOSE. IN PARTICULAR NAMIDA DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR WORK OR BE AVAILABLE WITHOUT INTERRUPTIONS. THE SITE AND SERVICES IS PROVIDED AS A CONVENIENCE TO YOU AND SOLELY ON “AS IS” AND “AS AVAILABLE” BASIS. NAMIDA RESERVES THE RIGHT TO REVISE, AMEND AND WITHDRAW ACCESS TO THE SITE AND SERVICES AT ANY TIME, INCLUDING CLOSING THE SITE OR SERVICES FOR ANY PERIOD OF TIME, ALL WITHOUT ANY LIABILITY TO YOU. FURTHERMORE NAMIDA DOES NOT WARRANT THAT THE SITE OR SERVICES OR ANY INFORMATION DISPLAYED OR MADE AVAILABLE ON THE SITE IS ACCURATE, CORRECT OR OTHERWISE RELIABLE.

TO THE GREATEST EXTENT PERMITTED BY THE APPLICABLE LAW, NAMIDA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INLCUDING BUT NOT LIMITED TO ANY LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS OR REVENUE OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR ANY INABILITY TO USE THE SITE AND SERVICES, REGARDLESS OF NAMIDA BEING ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SOME JURISDICTIONS MAY NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THIS CASE NAMIDA’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES AND EXPENCES ARISING OUT OR RELATING TO THESE TOS, THE SITE AND SERVICES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, OR TO TEN EUROS (10 €), WHICHEVER IS LESS.

10. Choice of Law and Forum

These TOS and the relationship between You and Namida shall, to the greatest extent permitted by law, be governed by the laws of the Republic of Finland without regard to its conflict of law provisions. All disputes arising out of these TOS shall be finally settled by the District Court of Helsinki, Finland.

Notwithstanding the foregoing, nothing in these TOS or any Service specific terms and conditions shall limit Your rights as a consumer under the mandatory provisions of any law applicable to You. Thus, for instance, You may have the right to have a dispute arising out of these TOS or the Services settled in the courts of Your country of residents.

11. Waiver and Severability

The failure of Namida to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a competent court to be invalid, You and Namida nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.

The titles and headings in these TOS are for convenience only and shall not affect the interpretation of these TOS.

12. How to Contact Namida

Any contacts with Namida should be made either by regular mail sent to Namida Diamond Factory Ltd., Kaivokatu 10 A, 00100 Helsinki, FINLAND, by the Playforia feedback form, by facsimile +358 9 856 572 85, by telephone +358 9 2316 5172, by email. User support is only available through the Internet at Playforia feedback form.

These TOS were published on October 20, 2011 and updated on January 27, 2016.