Termos e Condições
Calle Gremi Selleteres i Basters, número 14b, 07009, Polígono Son Castello, Palma de Mallorca
REGISTRO MERCANTIL DE PALMA DE MALLORCA
Tomo 2465 Folio 51 Libro 0 Hoja PM-67804 Inscripción 1
These Terms and Conditions ("Terms") govern the agreement between Users and Playspace S.L. relating to their use of services offered on the website at URL: http://www.playspace.com (hereinafter Playspace.com).
Playspace S.L. has its registered office at C/ Blaise Pascal s/n Edificio W Planta 3 (Parc Bit) 07121 PALMA DE MALLORCA.
By completing the registration process on Playspace.com, "User" status is given. This implies full and unreserved acceptance of each and every one of the provisions included in the version published by Playspace S.L. from the time at which Users access Playspace.com. Thus, terms may be subject to change, so Users should review them from time to time.
The use of certain services offered to users through Playspace.com is subject to its own special terms and conditions (hereinafter, "Special Terms") which, depending on the particular case, may replace, supplement or amend these Terms. Therefore, it is recommended that the User read such Special Terms before using the aforementioned services.
For best results on Playspace.com the following browsers are recommended :
- Google Chrome
Free access and use of Playspace.com. The games offered at Playspace.com have a playful character and do not consist by any means in gambling games, for that reason, they are not lucrative games, but a provision of services in the shape of social games.
The main services Playspace.com offers Users are free of charge. Nevertheless, some services provided by Playspace.com or by third parties through Playspace.com are subject to payment of a fee, in the manner set forth in the relevant Special Terms.
The games have a playful meaning, they are by no chance a mean to get rich, so do not play with this mindset.
Playspace offers the following payment methods:
- Credit cards: VISA, MasterCard, American Express.
- Paypal: It is an independent payment system that is offered as an alternative to the above mentioned systems and accepts a wide range of payment systems (Credit cards, debit cards and e-checks).
- Pay with Apple Pay in Apple Store.
- Pay with Google Pay on Google Play.
Virtual Currency / Virtual Goods
Services may include virtual currency (hereinafter, "Virtual Currency"), including but not limited to, coins, credit, game tokens, points or other items that may be granted through use of Services or be acquired from Playspace.com's authorised service providers. You must be of legal age in your country of residence to purchase Virtual Currency. The Services may also include virtual, game-specific, digital items ("Virtual Goods") to which Playspace.com may award a licence in exchange for real money or for Virtual Currency. Virtual Currency and Virtual Goods may not be transferred or exchanged and have no value outside of the Services. Virtual Currency and Virtual Goods constitute a licence which allows you to use those aspects of the Services of interest to you. The terms "sell", "sale", "buy", "purchase" or similar terms are used to refer to the acquisition of a licence to use Virtual Currency or Virtual Goods only as part of the Services and do not constitute a transfer of personal or proprietary rights of any kind. Playspace products do not offer "real money gambling" or an opportunity to win real money or prizes.
Playspace S.L., at its sole discretion, may modify or eliminate such Virtual Currency and / or Virtual Goods or the terms and conditions governing the provision of such Virtual Currency and / or Virtual Goods, without liability to you or to third parties for the exercise of such rights. If Playspace S.L. modifies or eliminates Virtual Currency, you must use up all the Virtual Currency remaining balance in your account within 30 (thirty) days from the date of revocation of such Virtual Currency.
You may not transfer or exchange Virtual Currency or Virtual Goods, except as expressly provided by the rules governing the Services. Buying, selling, exchanging or otherwise transferring Virtual Currency outside the Services is prohibited. Any violation of these Terms constitutes an automatic and serious breach of this Agreement, which is prohibited and not valid or enforceable.
The use of more than one account per user is not allowed and failure to comply with this rule may result in sanctions such as permanent closure of all User accounts and expulsion from all Playspace games.
The user agrees to protect his account information, not to share it with anyone and to not collect personal data from any user of Playspace.com, including account names.
Any termination of your user account, termination of rights under this Agreement or termination or change to the Services may cause the termination of use of Virtual Currency and Virtual Goods and you shall not be entitled to receive any credit or reimbursement for such reason.
No right of withdrawal
The right of withdrawal does not apply as the Services offered on Playspace.com are provided in the form of digital content which is not offered in a physical medium, after the purchase of the Services. This is in accordance with the exception to the right of withdrawal, established in the article 103.m of the Royal Legislative Decree 1/2007, of the 16th of November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
Users are solely responsible for the information contained in their personal profile. Users are also solely responsible for any data or information they provide when communicating with other users. Obviously, Playspace S.L. cannot exercise thorough control over such information. However, if Playspace S.L. becomes aware that Users are in breach of current legislation, their account shall be terminated immediately.
To benefit from services and content offered on Playspace.com, Users must create a user account on the internet using social networking websites or using a guest account. You agree to provide, maintain and update true, accurate, current and complete information about yourself according to our registration process requirements. You must not impersonate people or entities or misrepresent your identity or subscription as any other people or entities, including using user names, passwords or other account information, relating to other people, names, appearance, or images. You also agree to promptly notify Playspace of any questions about Billing/Subscriptions, any unauthorised use of your username, password, other account information, or any other security breach known to you. You agree not to log out of your account at the end of each session so that you can keep your game data, and not lose it, if you have not linked your device to a Facebook account.
Communication Between Users
You acknowledge that the chat areas and features offered therein are for public and not private communications, and thus you have no expectation of privacy with regard to anything you write therein. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for anything you write using these media under your username or otherwise therein and the consequences of submitting and posting anything. We assume no responsibility for monitoring these media.
You should also be sceptical about information provided by others. You acknowledge that your use of any recommendation published in any medium is at your own risk. For example: we are not responsible for, and do not endorse, the opinions, advice or recommendations posted or sent by users in the chat room and we specifically disclaim any and all liability in this regard.
We have no obligation to you and therefore we may refuse to publish, submit, remove, modify or otherwise use or take any action with respect to any submissions made by users in Playspace.com's chat areas.
We also reserve the right to display, refuse to publish, remove or edit any submission by users in the chat areas at any time and for any or no reason, including, by way of example only, if your submission does not conform to the Codes of Conduct, at our sole and absolute discretion, without prior notice, although we assume no liability for doing so or for monitoring any of them.
Using Services Offered on Playspace.com
Users agree to use the services offered on Playspace.com in accordance with governing law, these Terms, Special Terms specified for certain services and other legal notices, and instructions to their knowledge, as well as generally accepted morality and decency standards and public order.
To this end, Users shall not use any of the services offered by Playspace.com for purposes that are illegal, or detrimental to the rights and interests of other Users, third parties, or Playspace S.L.
You are responsible for maintaining the confidentiality of your user name, password, and account, as well as for all activities that occur in your account. You therefor agree to indemnify, defend and hold harmless Playspace S.L. and our affiliates and the respective licensors, licensees, distributors, agents, representatives and other authorized users and resellers, distributors, service providers and suppliers of each of the foregoing entities, and all respective officers, directors, owners, employees, agents, representatives and assigns of the foregoing entities (collectively "Indemnified Parties") for and against any and all losses, damages, liabilities and costs (including settlement costs and legal or other fees and expenses of investigation or defense of any action or threatened action) incurred by the Indemnified Parties in connection with any claim arising out of a breach by you of these Terms.
Playspace's Anti-Spamming Policy
The User agrees not to:
(a) collect data for advertising purposes or to send any kind of advertising material or communications for sales purposes or anything else of a commercial nature.
(b) make data collected from Playspace.com available to third parties for any purpose.
Users or third parties harmed by the receipt of unsolicited messages may report this to Playspace S.L. by sending a message to the following email address: email@example.com
Playspace S.L. or third parties own all trademarks, trade names, logos, distinctive and recognisable signs of any kind that appear on Playspace.com and it may not be construed that use of Playspace.com, access thereto and use of its services grant Users any rights with regard to the aforementioned trademarks, trade names, logos and distinctive and recognisable signs.
Content that is intellectual property of Playspace S.L. or third parties, shall not be deemed to be assigned to you, pursuant to the provisions of these Terms none of the rights that exist or may exist in such content beyond what is strictly necessary for proper use of Playspace.com's services. The only intellectual property rights that are granted to Users are those inherent to the use of Playspace.com's services, with commercial use being prohibited in any form.
Disclaimer of Warranty and Liability
Disclaimer of warranty and liability for Playspace.com's operation and services.
Playspace S.L. does not warrant that there will be availability and continuity of Playspace.com's operation and services. Playspace S.L. shall ensure, wherever possible, that sufficient advance notice is given with regard to interruption that may occur to Playspace.com's operation and services. Neither does Playspace S.L. warrant that Playspace.com and its services are fit for carrying out any specific activity, nor that it is infallible, and particularly but not exclusively, that users can effectively use Playspace.com and its services.
Playspace S.L. disclaims, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity in Playspace.com and its services' operation, or fraud that Users may attribute to Playspace.com and its services, to Playspace.com and its services' fallibility, and particularly but not exclusively, to defects relating to access to webpages that make up Playspace.com.
Disclaimer of warranty and liability for software operation, in relation to content, possibility of viruses and effectiveness of security measures.
Playspace S.L. does not warrant that:
i) there will be an absence of errors or defects in the software and content offered on Playspace.com.
ii) there will be an absence of viruses and / or any other harmful components in both Playspace.com and servers responsible for its maintenance.
iii) the security measures taken by Playspace.com will be completely effective.
Playspace S.L. disclaims, to the maximum extent permitted by law, any liability for damages of any kind that may result from software errors, or content, or the presence of viruses that can cause alterations in computer systems, or Users' electronic documents or files.
Playspace S.L. does not warrant that the content will be legal, reliable or useful. Playspace S.L. disclaims, to the fullest extent permitted by law, any liability for damages of any kind that may result from the transmission, dissemination, storage, availability, receipt, obtaining of or access to content, and particularly but not exclusively, for damages that may result from:
(a) breach of law, morality and generally accepted standards, or the public order, as a result of the transmission, dissemination, storage, availability, receipt, obtaining of or access to content.
(b) infringement of intellectual property rights, trade secrets, contractual commitments of any kind, rights to honour, personal and family privacy and self-image, property rights and all other rights belonging to third parties as a result of transmission, dissemination, storage, availability, receipt, obtaining of or access to content.
(c) engagement in acts of unfair competition and illegal advertising as a result of the transmission, dissemination, storage, availability, receipt, obtaining of or access to content.
(d) content not being truthful, accurate, complete, relevant and / or up-to-date.
(e) unfitness for any purpose and non-fulfillment of expectations produced by the content.
(f) breach, delay in performance, defective performance or termination for any reason of obligations by third parties and contracts with third parties through or in connection with access to the contents.
(g) defects of any kind of content transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or that which has been accessed through Playspace.com or the services .
Disclaimer of Warranty and Liability for Services Provided by Third Parties through Playspace.com.
Playspace S.L. does not warrant that there will be an absence of viruses or other elements in the services provided by third parties through Playspace.com that may cause alterations in Users' computer systems, nor does it control such an absence.
Playspace S.L. disclaims all liability for damages of any kind that may result from the presence of viruses or the presence of other harmful elements in the services provided by third parties through Playspace.com that may cause alterations in the Users' computer systems.
Playspace S.L. does not warrant that the services provided by third parties through Playspace.com will be legal, reliable or useful. Playspace S.L. disclaims all liability for damages of any kind that may result from the services provided by third parties through Playspace.com.
Disclaimer of Warranty and Liability for the Use of Playspace, Services and Content by Users.
Playspace S.L. does not warrant that Users will use the services and contents of Playspace.com in accordance with these Terms and, where appropriate, with the Special Terms that may apply, or that they will do so in a diligent and prudent manner.
Playspace S.L. disclaims all liability for damages of any kind that may result from the use of services and content by Users, or that may result from lack of truthfulness, validity or authenticity of the information Users provide to other Users about themselves and, in particular, though not exclusively, for damages of any kind that may result from the identity theft of a third party by a User in any kind of communication through Playspace.com.
Reporting Incidents to Playspace
In the event that Users, visitors, or third parties consider that there are incidents or circumstances that show the illicit nature of any content on Playspace.com or its use, they should contact Playspace S.L. through firstname.lastname@example.org or the contact details listed on Playspace.com and in these Terms, always indicating i.) the reporting User's personal data (name, address, phone number and email address) and ii.) the alleged illegal activity conducted on Playspace.com and their reason for disclosing such illegality .
Withdrawal and Suspension of Services
Playspace S.L. may withdraw or suspend at any time and without notice provision of the services, proceeding to terminate the account of Users who violate the provisions of these Terms.
Term and Termination
The provision of services Playspace S.L. provides through Playspace.com has, in principle, an indefinite term. However, Playspace S.L. is authorised to terminate or suspend the provision of its services at any time, without prejudice to any provisions in this regard in the relevant Special Terms. In any case, if possible, Playspace S.L. shall ensure that advance notice is given of the termination or suspension of any one or all thereof.
No commitment to stay
Playspace.com offers its Services to Users without any commitment to stay, nor any obligation to use it's services exclusively.
Nor is there any penalty for users in the event of thecancellation of their services.
These Terms are governed by Spanish law. For the resolution of any conflicts the parties submit themselves, at their own choice, before the courts of the User's place of residence with express waiver of any other jurisdiction to which they may have recourse. Additionally, as an entity affiliated with CONFIANZA ONLINE and the terms of its Code of Ethics, in the event of disputes relating to online advertising, data protection, child protection and accessibility, the user may resort to extrajudicial dispute resolution from CONFIANZA ONLINE (www.confianzaonline.es).
We make no representation about whether Playspace.com Content is appropriate or available for use in a particular place. Those who choose to access Playspace.com do so on their own initiative and are responsible for compliance with all applicable law, including any relevant local law.
In the processing of personal data of its Users, the Data Controller complies at all times with the legislation in force in Spain and specifically with Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter, General Data Protection Regulation or "GDPR").
The Data Controller only processes the personal data obtained from the forms voluntarily filled in by the Users under the principles of legality, loyalty and transparency, limitation of purpose, minimisation of data, accuracy, limitation of storage time, integrity, confidentiality and accountability.
IDENTITY AND DATA PROCESSOR’S CONTACT DETAILS
PLAYSPACE, S.L. with Corporate Tax Id (CIF) B57715054 and registered address in calle Gremi Selleters i Basters 14a, 07009, Polígono Son Castello, Palma de Mallorca, registered in the Trade Register of Mallorca, sheet PM-67804. Contact email: email@example.com.
The User can contact the Data Controller’s Data Protection Officer at the following e-mail address firstname.lastname@example.org and by post at the Data Controller’s address.
CATEGORIES OF DATA, PURPOSE OF PROCESSING AND LEGAL BASIS FOR PROCESSING
The Data Controller processes the following categories of User’s data:
If you log in as a "guest", the following data can be accessed by the Data controller: nickaname, IP address, MAC, country, language and device.
If you log in through Facebook and depending on the privacy permissions authorised by the User, the Data Controller can also access the following information: real name, gender and list of friends and preferences: information that the user provides about their preferences, for example, the type of products purchased by the User.
Use of the website and communications: how our website is used and the information collected by means of cookies that the user can consult in our Cookies Policy. Certain cookies may affect the User's privacy by allowing their content to be linked to certain personal data, including tastes and preferences, which the Data Controller may use to create consumer profiles of Users.
The Data Controller only processes the personal data provided by the User and does not process special categories of personal data. The main purpose for which we process the User's information is to provide the services expressly requested by the User (social gaming services and the acquisition of credits for games).
The Data Controller processes user data for the following purposes:
a) To provide services expressly requested by the User, as well as to manage their payments and requests;
b) To provide support services and support to Users, notify service or account issues (e.g., reset password, report misconduct and, if necessary, report the suspension or elimination of the User's account);
c) To carry out commercial, operational and statistical activities, which may be based on commercial profiles of Users;
d) To advise and send newsletters and other commercial communications by email concerning the Data Controller and social gaming services. The User may indicate their opposition to the receipt of such newsletters at any time. The User expressly consents to receive these e-mails but may unsubscribe from them by (i) unsubscribing from the link specified in any e-mail communication, (ii) sending an e-mail to email@example.com. However, this will not result in the deletion of certain non-commercial communications, such as messages relating to their account.
The legal basis for the processing of Users' data by the Data Controller is the consent of the User (art 6.1 a) GDPR). Alternatively, the Data Controller may process the User's data under the legal basis of legitimate interest for direct marketing purposes.
The communication of personal data by the User is voluntary, although it is a contractual condition for the User to acquire the services provided by the Data Controller. Thus, the refusal by the User will make it impossible for the Data Controller to provide certain services to the User.
The User may withdraw consent at any time, without affecting the lawfulness of the processing based on the consent prior to their withdrawal.
RECIPIENTS OF PERSONAL DATA
The Data Controller will not communicate the User's personal data to third parties.
It can, however, contract the services of data processors who provide certain services for the Data Controller (advertising, administrative-accounting, etc.).
TIME LIMIT FOR THE STORAGE OF DATA
The personal data provided will be kept for an indefinite period of time, as long as their deletion is not requested by the User.
OTHER USER’S RIGHTS
The User can obtain confirmation as to whether the Data Controller is processing personal data concerning them and access them.
The User may object to the processing of their data, including profiling.
The User may request the Data Controller to exercise the rights of access to the personal data, their rectification, erasure, restriction of their processing, opposition and portability, by sending an e-mail to firstname.lastname@example.org, attaching a copy of the User's official identification document and clearly stating the right they wish to exercise. The forms for the exercise of these rights can be requested from this email address.
The User may also lodge a complaint with a supervisory authority.
PRIVACY OF MINORS
In order to participate in any of the services offered by the Data Controller, it is essential to have reached the legal age established in the jurisdiction where the User is located and not have the capacity to act in a restricted manner.
Under no circumstances will the use of any of the services offered by the Portal be permitted to minors under 18 years of age or to adults with lacking capacity, not even using the account of a registered User (of legal age and capable).
Sophisticated control filters and qualified staff monitor any suspicious activity, both in chats and in interactions in our virtual world. We also encourage our users to follow some rules. We even have a community-based monitoring programme.
If the user is considered a minor in his/her country, he/she needs the permission of his/her parents or legal guardians to use the services offered by the Website and to manage a Playspace.com user account and to accept these terms. You must also comply with any additional age restrictions that may apply to your use of specific Google Play and App Store features or content.
SECURITY MEASURES ADOPTED BY THE DATA CONTROLLER
The Data Controller adopts the necessary technical and organisational measures to prevent the loss, misuse, alteration, unauthorised access or theft of the personal data provided, as well as to ensure a level of security appropriate to the risk, taking into account the state of technology, implementation costs, nature, scope, context and purposes of the processing, as well as the varying risks of probability and seriousness to the rights and freedoms of natural persons.
In the use of the User's personal data, the Data Controller undertakes to respect confidentiality and to use them in accordance with the purpose of their processing, as well as to comply with its obligation to keep them and to adapt all technical and organisational security measures to guarantee a level of security appropriate to the risk.
The Data Controller takes particular account of the risks presented by the processing of data, in particular as a consequence of the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or of unauthorised communication or access to such data.
The Data Controller takes measures to ensure that any person acting under its authority and having access to the User's personal data can only process such data in accordance with the Data Controller's instructions, unless they are obliged to do so under the applicable law.
However, any data transfer over the Internet has the risk of being intercepted. Playspace cannot guarantee that this will not happen and will not be liable if it does.
The Data Controller may communicate with the User through e-mails addressed to the e-mail included in their registration data, through advertisements posted on the website and information provided on social networks.
calle Gremi Selleters i Basters 14a, 07009, Polígono Son Castello, Palma de Mallorca,
REGISTRO MERCANTIL DE PALMA DE MALLORCA
Tomo 2465 Folio 51 Libro 0 Hoja PM-67804 Inscripción 1