Peerplay / Terms of Use

Welcome to the merge-2 mobile game "Merge Cruise" and/or any other gaming related applications (“App(s)”). By accessing or using the Apps, you are representing that: 

• you are not under 13 years of age. If you are between 13 and 18 years of age, your parent(s) and/or legal guardian(s) must review and agree to these Terms and permit you to access and/or use our Apps (“Age Guidelines”); and 

• You expressly acknowledge and agree that you are entering a legal agreement with Games Studios PeerPlay Ltd. and its affiliates (collectively, "PeerPlay", "We," "Our," or "Us"), and that you have understood and agree to comply with, and be legally bound by, these Terms of Service (the "Terms") which govern your access and use of all features, content, and other services provided by PeerPlay. 

• Failure to comply with these conditions will result in the closing of your Account and the loss of all Virtual Items (as defined below) acquired through your use of the Apps.

1. Additional Representations.

You are representing that you are of legal age in Your place of residency, and you expressly acknowledge and agree that you are entering a legal agreement with Games Studios PeerPlay Ltd. and its affiliates (collectively, “PeerPlay”, “We,” “Our,” or “Us“), and that you have understood and agree to comply with, and be legally bound by, these Terms of Service (“Terms”) which governs your access and use of all features, content, and other services provided by PeerPlay.

To access or play Our games you must create an account with PeerPlay (an “Account”). You may access the Apps via your account in a social network, like Facebook, or, if you are using Our mobile service, an account with the company that provides your mobile applications, such as an Apple account. By creating the Account and accessing or playing Our games, and after any change of these Terms by continued access and use of the Apps, you affirmatively signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, each incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you may not register an Account or otherwise use or access the Apps.

2. Permitted Use.

• You may only use the Apps as-is, in accordance with the functions available and as made available by PeerPlay, and in accordance with and subject to these Terms. 

• You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Apps.

​3. Prohibited Use.

• The Apps may enable users to post, submit, publish, display, or transmit to other users or other persons content, information, materials, or communications (collectively, “User Content”)

• You may not (and may not permit any third party) upload, submit, post, or otherwise distribute or facilitate distribution of any User Content to the Apps that:

• is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing (including the use of **asterisks** or other “masking” characters to disguise such language), defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, sexually explicit, insulting offensive, pornographic, or otherwise inappropriate, as may be determined by PeerPlay’s sole discretion;

• contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with or limit the proper functionality of any software or hardware, or that enables obtaining unauthorized access to any system, data, password or other information of PeerPlay, its users, or any other individual or entity;

• violates any right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations;

• involves commercial activity not expressly permitted by PeerPlay; 

• infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party;

• uses or launches any automated system, including without limitation, “robots,” “spiders,” “offline readers”, etc., that access the Apps in a manner that sends more request messages to Our servers than a human can reasonably produce in the same period of time;

• impersonates any individual or entity, including, without limitation, employees or representatives of PeerPlay; and

• interrupts or attempts to interrupt the operation of the Apps; and

• Creates false personas, multiple identities, multiple user accounts, set up an Account on behalf of someone other than yourself.

• If you use the Apps in violation of these Terms, We may terminate your license to use it, at any time and without prior notice. 

4. Device Information.

To use the Apps, a player must have an internet connection to connect to Our servers, and We may collect certain information from you and your internet-enabled device (the “Device”). In order to make the use and access of the Apps available to you, We will collect information such as hardware system profile data, internet connection data and any other data related to the operation of the Apps from any device that logs onto the Apps using your Account. We will use this information in accordance with our Privacy Policy.

We do not warrant that our Apps will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use the Apps, as updated from time to time.

 

5. Account Registration. 

To use certain features of the Service, you may need to register by creating an account (“Account”) or by signing in through a third‑party provider (for example, Facebook) (“Third‑Party Tool”). When you register, you’ll either choose a password or authorize us to access your third‑party credentials (“Login Information”). You’re responsible for keeping your Login Information confidential and for overseeing all activity under your Account. Any actions taken with your Login Information—including purchases—are your responsibility, whether you authorized them or not. If you learn of, or reasonably suspect, any security breach (such as loss, theft, or unauthorized disclosure of your Login Information, or other vulnerabilities in the Service), you must promptly notify us at hq@peerplay.com and update your Login Information. If you register via a Third‑Party Tool, certain user data (like your name and profile photo) provided by, or accessible through, that tool (subject to its terms) may appear on your user profile and be visible to other users.

You must provide complete and accurate information when registering and promptly update your details (including any contact information) whenever they change. You agree not to misrepresent your identity or age, nor to open an Account on behalf of anyone else.

You also agree to monitor your Account regularly, prevent anyone who isn’t an authorized user from accessing it, and accept full responsibility for all activity—including any charges to your credit card or other payment methods—made through your Login Information.

 

We are entitled to permanently or temporarily suspend, terminate, or otherwise refuse to permit your access to the Apps without notice and without any liability upon any violation of these Terms. We also reserve the right to seek damages and other remedies from you to the fullest extent permitted by law.

You shall be solely responsible for any and all User Content of any kind that you make available (by uploading or otherwise) or use through the Apps. 

 

6.1. Creating Your Account.

When you create your account in the App, you will need to provide certain information which may involve:

• A unique username and password;

• Contact information, such as your name, phone number, and email address;

• Profile picture;

• Payment and billing information

• Any other information we request on the account registration form.

You undertake to monitor your Account to restrict use by those not meeting our Age Guidelines, and you will deny access to persons as set forth in our Age Guidelines. 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 (for example PayPal) by minors.

6.2. Account Security.

You are solely responsible for keeping your Account information secure. We plead you to not share your account information with anyone and notify us immediately if you have lost control of your password or credentials or in case you suspect there is unauthorized activity in Your Account.

You remain fully liable for any actions taken with respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your Account.

As the sole holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not give permission to any other person to access your account or to access the App through your Account.

6.3. Account Verification.

We reserve the right to verify all your registration details, such as your name, address and age, at any time, by requesting certain documents from you. These documents shall typically include an identity card, proof of address such as a utility bill, and proof of your payment method. 

You hereby agree to update any provided information or data or to provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities, or to comply with our other policies. You agree that all information and data that you provide to Us either at the time of registration or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to Us submitting it to third party providers of age verification and identification services to verify your Account.

 

7. Publishing Your Data.

In order to encourage you and other users to succeed in our games, We may publish data to users in the games according to various categories of users and statistics, based on our sole discretion. We may publish such statistics and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.

 

8. Communication Channels.

• The Apps may provide communication channels such as but not limited to fan pages, forums, blogs communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other users of the Apps and/or post User Content, including feedback, suggestions, ideas, submissions, observations and comments on designated topics.

• PeerPlay cannot guarantee that other members 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 and/or don't want others to use, do not post it on the Apps.

• You are solely responsible for your interactions with other users of the Apps and any other parties with whom you interact through the Apps. PeerPlay shall have no responsibility to evaluate or use any ideas or information you may choose to share, and such data shall be treated as non-confidential and non-proprietary. PeerPlay is under no obligation to monitor the Communication Channels but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. PeerPlay may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by PeerPlay, and should not be considered reviewed or approved by PeerPlay. You will be solely responsible for your activities within the Communication Channels and under no circumstances will PeerPlay be liable for any activity within the Communication Channels. You agree that PeerPlay may use, sell, exploit and disclose the comments, feedback, suggestions, concepts, ideas, know-how or techniques contained in any communications you provide in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. PeerPlay is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users, including without limitations, any user's misuse or misappropriation of any content or information you post in any Communication Channels. If you become aware of misuse of the Apps by any person, please contact Us at HQ@peerplay.com or submit a ticket via the applicable support channel of the game. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Apps are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of PeerPlay, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access and disclosure.

 

9. Compliance with Laws.

You are solely responsible for your compliance with all applicable laws. You acknowledge that various rules, regulations, and laws which address contests and tournaments with entry fees and/or prizes ("Gaming Laws") may govern your use of the Apps. Therefore, We do not offer cash activities to users of Our Apps in any state in which such use violates its Gaming Laws ("Prohibited Jurisdiction"), and if you are located in any Prohibited Jurisdiction then you may not participate in such activities. You hereby agree and acknowledge that your participation in such activity is at your own risk, and you agree not to hold Us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Apps. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any activity or use of the Apps, nor shall any person affiliated, or claiming affiliation, with Us have the authority to make any such representations or warranties. We reserve the right (but have no obligation) to monitor the location from which you access the Apps, and We may block you from accessing the Apps from any Prohibited Jurisdiction.

You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Apps or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Apps by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government this includes, but is not limited to, any restrictions outlined by the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC). 

You hereby 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. 

 

10. Third-Party Services.

The Apps may provide links to third-party websites, apps, services, offerings, products or other activities that are not owned or controlled by Us (“Third Party Services”). The links are provided to you as a convenience, and do not signify that We endorse or liable in any way for the content, products, services or materials displayed or offered by such Third Party Services.

Your use of such Third Party Services is at your own risk and shall be subject to the terms of use of such Third Party Services. 

If you have downloaded the Apps from an application store or platform such as Apple App Store, Google Play Store, or any other third-party distribution platform, you acknowledge that you have read, understood, and agreed to the applicable platform's terms of service, which may contain additional terms governing your use of the Apps.

Virtual Items (as defined below) purchased in our Apps on other applications stores or platforms such as but not limited to Apple iOS or Android will be subject to those platforms' payment terms and conditions.

PeerPlay does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties.  

 

11. Limitation of Liability.

To the fullest extent permitted by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall PeerPlay, its parents, subsidiaries, or affiliates, or the directors, officers, employees, licensors, suppliers or other representatives of each of them (collectively, the “Representatives”), be liable to you or to any other person for any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, or for any loss of data, revenue, profits or reputation, arising under these Terms or out of your use of, or inability to use, the Apps, even if the Representatives have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort.

To the maximum extent permissible by law, in no event shall the aggregate liability of PeerPlay and any of the Representatives for any damages arising under these Terms or out of your use of, or inability to use, the Apps exceed one hundred US dollars ($100). This limitation of liability shall apply to third party claims as well as claims between the parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

You recognize and confirm that in the event you incur any damages, losses, or injuries that arise out of PeerPlay’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any services or other properties owned or controlled by PeerPlay and/or its parents, subsidiaries, and/or affiliates, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Apps, or any and all activities or actions related thereto.

 

12. Disclaimer of Warranties.

The Apps are provided to you “As Is” and “As Available”, without any warranty of any kind, either expressed or implied, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose. All online services suffer from occasional disruptions, and as We strive to keep the Apps available to you at all times, you hereby agree and acknowledges that PeerPlay is no exception to those disruptions. 

PeerPlay does not warrant or guarantee protection from viruses or any other computer system malware. PeerPlay does not claim or guarantee that the Apps shall be uninterrupted, or error free. We do not guarantee that any activities you participate in will be fair or that other players will not cheat on such activities. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to these Terms. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law. Additional disclaimers may appear within the App and are incorporated herein by reference.

 

13. Indemnification.

To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold PeerPlay, and each of its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:

•  Your use or misuse of and access to the Apps;

•  Your violation of any term of the PeerPlay's Terms;

•  Your breach of the representations, warranties, and covenants made herein;

•  Your violation of any third party right, including without limitation any copyright, property, or privacy right;right, publicity rights or intellectual property rights;•

•  Any claim that a User Content made by you has caused damage to a third party; or

•  Any User Content you post or share on or through the Apps and the Communication Channels; 

• Any data or work transmitted or received by you; 

• Your violation of any law, rule or regulation of any country as applicable to you and PeerPlay; 

• Any claims or damages that arise as a result of any of your user submissions or any other User Content that is submitted via your account; 

• Any other party's access and use of the Apps with your unique username, password or other appropriate security code; 

• Any claim made by you against other users of the Apps in connection with the use of the Apps.

• Any other claim made by any third party in connection with your use of the Apps. 

 PeerPlay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PeerPlay, and you agree to cooperate with PeerPlay's defense of these claims. PeerPlay 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 paragraph will survive any termination of your Account(s).

 

14. License to Use the Apps.

Subject to these Terms, We grant you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Apps on a Device owned or controlled by you, solely for the purpose of accessing and using the Apps in accordance with these Terms.

As part of the license granted to you, you may not directly or indirectly, or authorize any person or entity to:

• Network the Apps among devices.

• Reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Apps, or its structural framework;

• Create derivative works of the Apps;

• Use the Apps in whole or in part for any purpose except as expressly provided herein; or

• Disable or circumvent any access control or related device, process or procedure established with respect to the Apps.

You are responsible for all use of the Apps via your Device or that are under your possession or control. 

 

15. Intellectual Property Rights.

The Apps, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Virtual Items (as defined below), and any part thereof, including derivative works of PeerPlay and other companies serviced by PeerPlay, are the property of PeerPlay or their respective owners. You agree not to use, copy, reproduce, publish or borrow any other content or trademarked work without explicit permission from PeerPlay. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Apps.

You may choose to, or We may invite you to submit your comments or feedback about the Apps, including without limitation about how to improve our services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PeerPlay under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that: (i) you have the right to disclose the Feedback; (ii) the Feedback does not violate the rights of any other person or entity; and (iii) your Feedback does not contain the confidential or proprietary information of any third party; (iv) PeerPlay is under no obligation of confidentiality, express or implied, with respect to the Feedback; (v) acknowledge that We may have something similar to the Feedback already under consideration or in development; (vi) grant Us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (vii) irrevocably waive, and cause to be waived, against PeerPlay any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the use or access to the Apps.   

 

16. Virtual items. 

Our Apps may include virtual in-game currency or collectables, including but not limited to virtual coins, points, credits, bonuses or chips for you to purchase and use in the Apps (“Virtual Items”). Virtual Items are licensed to you by Us for your personal use through the Apps, subject to the limitations and other terms set out in greater detail below.

When you purchase Virtual Items, you may be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from PeerPlay or any other party. You agree and understand that you have no right or title in the Virtual Items appearing or originating in any of our Apps, whether “awarded” in a game or “purchased” from PeerPlay, or any other attributes associated with an account or stored on the Apps. Your purchase of Virtual Items is final, non-transferable, exchangeable or refundable, except in PeerPlay’s sole discretion. You may not transfer, purchase, sell, exchange, trade or sublicense Virtual Items outside the Apps, or attempt to sell, give or trade in the “real world” anything that appears or originates in the Apps unless otherwise expressly authorized by PeerPlay in writing.

Any such transfer is a violation of these Terms is void, and may result in termination of your Account and legal action may be taken against you. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Apps, you have no right or title in or to any such Virtual Items appearing or originating with the Apps, or any other attributes associated with the use of the Apps or stored within the Apps.

PeerPlay retains the right to manage, regulate, control, modify or eliminate Virtual Items at its sole discretion, and PeerPlay shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, PeerPlay may selectively remove or revoke Virtual Items associated with your account in its sole discretion.

You acknowledge that PeerPlay is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in PeerPlay’s sole and absolute discretion, or if the Apps are no longer available. If your account is terminated, suspended or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement. 

 

17. Modification of Terms of Service.

PeerPlay may at any time and in our sole discretion, amend or replace any part of these Terms and or any part thereof, without prior notice, and notification thereof shall be provided in accordance with your app store policies. If you continue to use the Apps after such notice is published, you hereby consent and accept the changes to the Terms.  

We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to:

• stop offering or supporting the Apps or any particular game or part thereof;

• modify or discontinue the Apps;

• modify or remove any of the information contained in the Apps;

• charge fees in connection with the use of the Apps;

• modify or waive any fees charged in connection with the Apps; or

• offer opportunities to some and all users of the Apps. 

 

18. Skill Matching, Historical Playthrough and Opponents. 

PeerPlay employs technological measures to ensure a fair matching experience for its players, which would always be based on the players’ assessed skill level.

Skill levels are determined based on various factors, including the players’ past scores and historical performance, the player’s improvement over time, the types of contests and their difficulty, as well as other relevant factors; PeerPlay also employ fraud detection techniques aimed at ensuring that players do not circumvent our skill matching algorithm. PeerPlay employs technological measures to ensure a fair gaming experience for its players. By default, players compete against computer-generated opponents. PeerPlay may, at its discretion, open games to allow real players to compete against each other. Skill levels are determined based on various factors, including past scores, historical performance, player improvement over time, types of contests and their difficulty, as well as other relevant factors. PeerPlay also employs fraud detection techniques to identify unauthorized attempts for circumvention by players of our skill matching algorithm. 

In all cases, whether playing against computer-generated opponents or real players, opponents would always be of similar skill level to the player.

Such matching would never be based on the player’s score in a current game and would be determined in advance of the player’s gameplay.

You are also welcome to contact our customer support team. 

 

19. Term and Termination.

PeerPlay reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently the Apps in whole or in part, with or without notice. You agree that PeerPlay shall not be liable to you or any third party for any such modification, suspension, discontinuation or termination of the Apps. We do not guarantee that the Apps will be available at all times or at any given time or that We will continue to offer the use and access to the Apps for any particular period of time.

These Terms apply to you and to Us from the date that you accept them as provided above. You may terminate your Account at any time and for any reason by sending Us a support request at HQ@peerplay.com, or following the instructions provided in the App.

Immediately upon termination of your Account, all licenses and rights granted to you under these Terms automatically terminate, and you must immediately stop using and/or accessing the Apps. 

 

20. Governing Law

These Terms will be interpreted in accordance with the laws of the State of Israel without regard to conflict- or choice-of-law principles.

If you reside in the United States, the agreement to arbitrate contained in this Section 19, its scope and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.

 

21. Agreement to Arbitrate/Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that any claim or dispute at law or equity that has arisen or may arise between you and PeerPlay relating in any way to or arising out of these Terms or your use of or access to the Apps will be resolved in accordance with the provisions set forth in this Section ‎20. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and PeerPlay may have against each other are resolved.

Legal notices shall be served at the address provided in the contact section (in case PeerPlay is served) or your email address on file with Us (in case you are served). Notice by Us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, We may give you legal notice by mail to the physical address associated with your Account. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to Us. It is your responsibility to keep your contact information updated.

Informal Dispute Resolution. 

PeerPlay wants to address your concerns without needing a formal legal case.  Before filing a claim against PeerPlay, you agree to try to resolve the Dispute informally by contacting HQ@peerplay.com.

 Similarly, PeerPlay will undertake reasonable efforts to contact you (if We have contact information for you) to resolve any claim We may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or PeerPlay may initiate an arbitration proceeding as described below.

Arbitration

By agreeing to these Terms, you and PeerPlay each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth below. 

• Opt-out of Agreement to Arbitrate.

You may decline this agreement to arbitrate by contacting HQ@peerplay.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.  By opting out of the agreement to arbitrate, you will not be precluded from using the Apps, but you and PeerPlay will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein. 

• Residents of the State of Washington, USA.

If you are a resident of the State of Washington or were a resident of that state while using the Apps at any time since January 1, 2014, then this Section 19 does not apply to you, with the sole exception of the choice of law (Israel) set out above. For clarity, residents of the State of Washington are not agreeing to arbitrate and need take no action to avoid application of the agreement to arbitrate. 

• Arbitration Procedures and Fees.

If you reside in the United States, you and PeerPlay agree that the Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules (“ICRD Rules”).  Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules.  You and PeerPlay further agree that the arbitration will be held in English and in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means.  The ICDR rules will govern payment of all arbitration fees.  

 If your Country of Residence is not the United States, you and PeerPlay agree that Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the Israeli Institute for Commercial Arbitration in accordance with its rules (“IICA Rules”), and in accordance with the Israeli Arbitration Law, 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules.  You and PeerPlay further agree that the arbitration will be held in English and in Tel Aviv-Jaffa (Israel), or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The IICA Rules will govern payment of all arbitration fees. 

You and PeerPlay both agree that (A) the arbitrator will be bound by these Terms, (B) the arbitrator will have exclusive authority to determine questions of arbitrability, and (C) that all arbitration proceedings and resulting awards conducted pursuant to Section 20 will be confidential. Any such award may not be disclosed to third parties other than to a party’s legal, accounting, or financial advisors (each of whom will be subject to that same confidentiality obligation) except (i) by either party in support of its pursuit or defense of its legal rights or obligations in another litigation or arbitration (whether involving the same or different parties), (ii) to the extent disclosed in connection with a petition or motion to confirm, enforce, or recognize the award, or (iii) otherwise as required by applicable law.

Class Action and Collective Arbitration Waiver.

Regardless of your County of Residence or the rules of a given arbitration forum, you and PeerPlay agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor PeerPlay may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration, to arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class; to litigate or arbitrate a dispute in a private attorney general capacity; or otherwise to seek recovery of losses or damages (whether for yourself or others) incurred by a third party; or to participate in any collective, group, class, or mass arbitration or litigation of disputes (each, a “Collective Arbitration”). In connection with any dispute, any and all such rights are hereby expressly and unconditionally waived. Any challenge to the validity or enforceability of Section 20 will be determined exclusively by the arbitrator. 

Without limiting the generality of the foregoing (and as an illustrative but not exhaustive example), a claim to resolve any dispute against PeerPlay will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

Judicial Forum for Disputes.

Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and PeerPlay agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel.  Both you and PeerPlay consent to the venue and personal jurisdiction there.

 

22. General

These Terms shall constitute the entire agreement between you and PeerPlay concerning the Apps. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a Party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

23. Language

You acknowledge that these Terms, and all related documents, including the Rules and the Privacy Policy, have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.

 

24. Contact Us.

If you have any questions about these Terms or PeerPlay’s Apps in general, please contact Us at HQ@peerplay.com. Subject to the content of your inquiry, PeerPlay may request that you provide additional information in order to allow the appropriate handling of your inquiry.