Terms And Conditions
Terms And Conditions
Last updated on June 08, 2018
Welcome to Higher Skills Games
Please read these Terms carefully before you start to use the Services. This Agreement governs your access and use of software products, such as game software contained on disc or downloaded, offered by HigherSkills(pvt.)Ltd. and its subsidiaries ("HigherSkills") and related updates, upgrades and features as well as online and mobile services, features, content and websites offered by HigherSkills(pvt.)Ltd. and/or live events hosted by or in connection with HigherSkills(pvt.)Ltd. (collectively "HigherSkills(pvt.)Ltd. Services"). This Agreement is between you and the HigherSkills(pvt.)Ltd.
"BY USING OUR SERVICES, YOU ACCEPT AND AGREE TO ABIDE BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE HIGHERSKILLS SERVICES".
The following terms and conditions apply to your use of the websites of HigherSkills(pvt.)Ltd. and its affiliates. In these Terms, the Website and Additional Services are collectively referred to as the “Services.”
To create an Account with HigherSkills(pvt.)Ltd., you must be a natural person, and have a valid email address, and provide truthful and accurate information.
You must be at least 13 years of age "or such other minimum age as is applicable in your country of residence", to create an Account. Failure to comply with this condition will result in the closing of Your Account. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.
You may cancel your HigherSkills Account at any time. You also may cancel a subscription to a particular Higher Skills Service at any time.
Termination HigherSkills(pvt.)Ltd. 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 Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to You. Upon any such 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. HigherSkills shall have the right, but not obligation, to store any User Content subsequent to any such termination.
HigherSkills is in no way liable to You for the effects of any termination or cancellation on Your use of the Service or the Virtual Items You have accumulated.
From time to time during Your use of the Service, You may have the opportunity to “earn”, “buy” or “purchase” virtual in-game items; 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. The purchase and sale, with Facebook Credits, of such limited licenses to use Virtual Items, is a completed transaction upon redemption of the applicable Facebook Credits and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of Your Account, termination of these Terms, and/or the discontinuation of the Service.
You acknowledge and agree: 1- that HigherSkills(pvt.)Ltd. may change the price of Virtual Items at any time, without notice, for any reason or for no reason, 2- that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and 3- 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. HigherSkills(pvt.)Ltd. reserves the rights, without prior notification, to limit the quantity of the Virtual Items You can purchase and/or to refuse to allow You to purchase such Virtual Items. You acknowledge and agree that HigherSkills(pvt.)Ltd. 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. 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 HigherSkills.
Use of Data
When you use an HigherSkills Service, HigherSkills may collect and store data from your computer or device, including information about your computer or device and operating system (such as IP Address and device ID), information about your HigherSkills Service usage, gameplay and usage statistics, system interactions and peripheral hardware (for example, to protect your game stats, HigherSkills may place a randomly generated identification number in the keychain storage of your device. That identifier will be removed when you reset your device). If you play an HigherSkills Service offline, this data will be stored on your device and transmitted to HigherSkills when your device connects to the Internet. HigherSkills uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically served content and software support, and troubleshoot bugs or otherwise enhance your experience. If you participate in online services, HigherSkills also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
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, HigherSkills or other users, and that You shall not act in bad faith in Your use of the Service. Intellectual Property Rights You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of HigherSkills.
you must not copy, modify, create derivative works of, publicly display, publicly perform, re-publish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services.
UPDATES TO THE SITE AND SERVICE
You acknowledge and agree that HigherSkills(pvt.)Ltd. may update the Service with or without notifying You. HigherSkills(pvt.)Ltd. 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.
Dispute Resolution and Arbitration
This Dispute Resolution and Arbitration provision (this “Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and HigherSkills(pvt.)Ltd. 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, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Provision carefully. It provides that all Disputes between you and HigherSkills(pvt.)Ltd. (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. 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, “HigherSkills” means HigherSkills(pvt.)Ltd. 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 "HigherSkills" regarding any aspect of your relationship with HigherSkills, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. YOU AND HigherSkills 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.
For all Disputes, whether pursued in court or arbitration, you must first give HigherSkills(pvt.)Ltd. an opportunity to resolve the Dispute. You must commence this process by mailing written notification to HigherSkills(pvt.)Ltd. 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 HigherSkills(pvt.)Ltd. does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or HigherSkills may initiate arbitration proceedings. Location of Arbitration: You or HigherSkills may initiate arbitration in either Las Vegas, Nevada or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, HigherSkills may transfer the arbitration to Las Vegas, Nevada in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator. 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 provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. 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 HigherSkills 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 as determined by the arbitrator.
You understand and agree that by entering into this agreement you and HigherSkills are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and HigherSkills might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others, "including class actions". Except as otherwise provided below, 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.
DISCLAIMER OF WARRANTIES
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 "HigherSkills" 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 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 HigherSkills 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 HigherSkills 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. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION LIMITATION OF LIABILITY 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 HigherSkills PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS 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, INCLUDED 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 HigherSkills 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 $500 "FIVE HUNDRED DOLLARS". 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 ADDITIONAL MOBILE APPLICATION TERMS
The following additional terms and conditions apply with respect to any application that HigherSkills provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):Here You acknowledge that these Terms are between you and HigherSkills 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. HigherSkills, 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 HigherSkills, 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 HigherSkills, 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 HigherSkills provides to you designed for use on an Android-powered mobile device (an “Android App”): You acknowledge that these Terms are between you and HigherSkills 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.HigherSkills, 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.
These Terms constitute the entire and exclusive understanding and agreement between HigherSkills and You regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HigherSkills and You regarding the Service.
The failure of HigherSkills 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 HigherSkills. 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 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.
Changes to the Terms of Service
We may update these Terms from time to time; you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.