This is a legal agreement between you (i.e. customer, registered user, website visitor, etc.) and PLAYEDBY S.R.L., and governs your use of our website http://shop.Playedby.club (“Website”), its Content (defined below), tools and services including the online e-commerce platform (“Store”) and any purchase of Products (defined below) thereof. By using our Website and/or purchasing any Products, you agree to be bound to these Terms and Conditions, including those additional terms and policies referenced herein and/or available by hyperlink (together the “Agreement”, “Terms” or “Terms and Conditions”). Please read these Terms and Conditions carefully before using our Website and/ or purchasing any Products. If you do not accept all of the terms of this Agreement, do not use the Website nor purchase any Products.
Any new features or tools which are added to the current Store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below) and the purchase of any Products.
Unless expressly provided otherwise, the words and expressions used in these Terms and Conditions shall have the following meanings:
“Account” means the “My Account” section of the Website accessible to a registered User by using, with an identifying role, an e-mail address and a password.
“Business Day” means a day on which commercial banks in Romania are open for business;
“Content” means any content on the Website, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs and mixes, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, organization and coordination of such Content on the Website;
“Contract” means the distant consensual understanding between you, as a Customer and us, as a seller, without our simultaneous physical presence, in relation to the sale or purchase of one or more Products through the Website, by placing your Order for a Product or Products in accordance with these Terms and Conditions, accepted by Playedby in accordance with the Placing an Order section below;
“Customer”, “You” or “User” means an individual who visits and/or places an Order on the Website;
“Download” or “Digital Product” is a purchased Product that you can (i) transfer to a compatible portable device, (ii) save to your hard drive with unlimited playback time, or (iii) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution.
“Order” or “Purchase Order” means the order submitted by you to Playedby to purchase a Product available in the Store;
“Playedby”, “we” or “us” means PLAYEDBY S.R.L., with its corporate seat in Romania, Bucharest, 1st District, 3 Av. Popisteanu St., 5th Floor, Apt. 24, zip code 012092, sole registration code 39320868, VAT no. for EU transactions RO38235098;
“Product” means any goods (products) that are offered to the Customer for purchase, at cost, through the Website, including, without limitation, vinyl records, accessories, clothing and Digital Products; For the avoidance of any doubt, in these Terms and Conditions, all references to Products shall include the “Pre-order Products” that you may purchase prior to their announced release date.
“Site” or “Website” means the website http://shop.Playedby.club and the online Store under such Website;
“Specifications” means any details of the characteristics of the Products as specified in the description available on the Website.
“Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end User over the Internet where the Content may be heard or viewed, but not downloaded, for later playback.
For the purpose of these Terms and Conditions:
• references to “sections” are to sections of these Terms and Conditions;
• headings used herein are included for convenience only and will not limit or otherwise affect these Terms and Conditions;
• words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
• references to “includes” or “including” or like words or expressions shall mean without limitation.
Our Policy. Age requirements.
By agreeing to these Terms and Conditions, you represent that you (a) are at least the age of discretion in your state or province of residence, or that you are the age of discretion in your state or province of residence and you have given your consent to allow any of your minor dependents to use this Website, and, (b) have the power to enter a binding Contract with us and are not barred from doing so under any applicable laws.
Playedby sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell, for personal private use only and not for commercial or public use or distribution. Any digital download of a sound recording, are provided only for your personal, noncommercial use, or performance, unless you have cleared all necessary rights in the Content.
Playedby reserves the right to refuse access to the Website or sale of Products, to any end user for any reason at any time. Playedby may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Playedby will not be liable to you or to any third party should it exercise such rights.
Content and Products.
All Products available for purchase and/or download on the Website are protected under Intellectual Properties Rights that Playedby has a full right to sell. In addition to existing/in stock Products, Playedby reserves the right to offer you any other Products for which shall have license to sell. Our Products are available for purchase and/ or download exclusively online, through the Website. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy below.
We will take all reasonable measures to ensure the accuracy of the pricing, Products and Specifications displayed on the Website. If any details related to Specifications have been displayed inaccurately on the Website, for any reason, Playedby will inform the Customer who placed a purchase Order, by e-mail, as soon as possible, and in any case before acceptance of the Order by Playedby.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer and the right to discontinue any Product at any time. All descriptions of Products or Product pricing are subject to change at anytime without notice, at our sole discretion.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Playedby shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Playedby reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
Limitations of Content Usage and Copyright.
Your access to and/or use of any Content will be limited by the rules assigned to the Content by Playedby and/or copyright law and described in this Agreement or on the Webpage where you acquire access to such Content.
All Content is the property of or is licensed to Playedby, and is protected by Romanian and international trademark, copyright, and other intellectual property rights laws. Without the prior written consent of Playedby or the applicable copyright holder, and except as otherwise provided in this Agreement, no Content may be downloaded, copied, distributed, captured, transmitted, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. The Content is only for your personal, noncommercial use, unless otherwise provided for herein. Except as otherwise provided herein, you may not attempt, or support others’ attempts, to capture, copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Digital Products or other Content contained on the Website. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the copyright and intellectual property laws, and represents a violation of Romanian and international copyright and intellectual property laws. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Digital Products and/or Streams. You may not play and then re-digitize any Digital Products and/or Streams. You may not create any “derivative works” by altering any of the Content, except as permitted herein. You may not use the Digital Products and/or Streams in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DIGITAL PRODUCTS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Digital Products or Streams to devices for such purpose is expressly prohibited and is a violation of Romanian and international copyright law.
In addition to any other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Website, its Content or Products : (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or ordinances in your jurisdiction (including but not limited to copyright laws); (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related websites, or the Internet or that contain software viruses or other computer code designed to interfere with the functionality of any computer system.
You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (a) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (b) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (c) that constitute political campaigning or commercial solicitation; (d) provide links to unapproved third party sites; or (e) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
We reserve the right to terminate your use of the Website for violating any of the prohibited uses and to enforce any Product protection rules with or without notice to you.
You can place Orders on the Website with or without the prior registration of an Account. We have created the option of registering an Account in the dedicated section of Website for your exclusive benefit, in view of granting you the opportunity to effectively manage your Orders. By registering an Account you can save Products on a wish list, view your Orders placed through the Website and automatically fill in your Customer information when placing a new Order.
In order to create an Account on the Website, you will be required to provide certain information such as: name, surname, a valid email address, a billing address and a shipping address (if different from the billing address) and a password and accept these Terms and Conditions. When creating your Account, you must provide accurate and complete information. By creating your Account, you warrant that the information provided to Playedby during the registration process is true, correct and complete. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are solely responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Under no circumstances Playedby will be liable for any losses caused by any unauthorized use of your Account. You understand and undertake to notify Playedby immediately of any breach of security or unauthorized use of your Account.
We may edit or delete your Account at any time, as part of our virtual householder’s rights or if you request to close the Account. We reserve the right to delete duplicate Accounts and deny the right to use their Account to any Customers who do not comply with our Terms and Conditions.
We may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Playedby, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Playedby may store and use the registration data you provide for use in billing fees to your credit card and maintaining your Account.
Placing an Order
In view of placing an order for the purchase of one or more Products on the Website, you must fill in the online Order form and send it electronically to Playedby, following the relevant instructions. Please note that each Digital Product is an individual sale and subject to these Terms and Conditions. Each purchase of a Digital Product by you will be regarded as a separate transaction and each delivery of a Digital Product will constitute a separate sale, whether delivery is in whole or partial fulfilment of an Order.
You may place an order for a Pre-order Product, at the same time with Products in stock.
Our Order form, which is displayed on the first page of the Checkout, provides you with brief information regarding the essential features of each Product ordered, the price (including all applicable taxes or fees) and the shipping costs, if applicable to your purchase. Please note that price of products displayed on the Website may be subject to additional duties for orders outside the European Union.
Before purchasing the Products, you will be asked on the Order form to carefully read these Terms and Conditions.
Orders can be placed on the Website at any time, with or without the prior registration of a Customer Account, by (a) adding the desired Products to the shopping cart and completing the purchase process or (b) contacting Playedby through the addresses listed in the “Contact” section of the Website. You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store.
Please note that adding a Product to the shopping cart without completing the purchase process will not be considered as valid Order nor shall conduct to a reservation of the Product. Once added to the shopping cart, a Product is available for purchase to the extent that the Product is still in stock at the completion of the purchase process.
We may, at our sole discretion, refuse to accept an Order, in accordance with our Order Acceptance Policy. A Contract shall be formed and we shall be legally bound to supply the Product when we accept your Order.
Order Acceptance Policy
We reserve the right, at our discretion, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your Order. These restrictions may also include Orders placed by or under the same Customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
For justified reasons (including, but not limited to, out of stock Products), we may notify you of changes to an Order, by e-mail. You will be able to accept or refuse to change the Order. You refusal or failure to respond within 5 business days, shall be deemed as a cancelation of the Order (please refer to the Cancelation by Customer section of these Terms and Conditions).
An Order is accepted and the Contract is deemed to be concluded between Playedby and the Customer upon acceptance of the payment by Playedby, dispatch of the Order confirmation e-mail and process delivery of the Products(s). A Contract will only relate to those Products whose dispatch we have confirmed in the Order confirmation e-mail and will be deemed to include both these Terms and Conditions and any subsequent written agreements (including by e-mail) between the Customer and Playedby as a seller, regarding a purchase Order.
Charges and Billing
We try very hard to ensure that the prices shown on the Website are accurate. The valid prices of the Products are those displayed on the Website at the completion of an Order. Any shipping charges shall be displayed at checkout and again in your Order confirmation e-mail. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
By placing an Order, you expressly commit to pay for all Products (including any Pre-order Products) that you purchase through the Website. Playedby may charge your credit card for any Products purchased, and for any additional amounts such as shipping charges. You hereby agree to authorize Playedby to charge your credit card for the above at Playedby’s convenience, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order Content. YOU ARE RESPONSIBLE FOR PROVIDING PLAYEDBY WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Playedby may post charges individually or aggregate your charges with other purchases you make on the Website.
Playedby reserves the right to change the prices at any time, and such change will replace any previously displayed prices for those Products. Any change of prices shall not affect the Orders already accepted by Playedby for which you received an Order confirmation e-mail.
We only offer payment on-line by credit or debit card, in full at the time of placing an Order, through an authorized service provider. However, we reserve the right to offer more or less than our full range of payment options. Playedby reserves the right to refuse or cancel your Order in case an external service provider does not validate the payment, irrespective of the reason.
Fiscal invoice shall be issued by Playedby in electronic format (only), to be provided by e-mail. You hereby agree that you will receive invoices exclusively in electronic form.
We accept the following currencies: Euro (EUR) and Romanian Leu (RON). The currency displayed and accepted for each individual purchase is solely based on your country of residence/ territory of sale and cannot be modified by the end user.
Shipment and Shipping of Products
We ship our Products (Digital Products excluded) worldwide, within 5 business days from (a) acceptance of an Order for Products in stock respectively (b) Pre-order Products becoming available for shipping. Please check the announced release date for any Pre-order Product that you order and note that any Orders containing both Products in stock and Pre-order Products shall be shipped within 5 business days from Pre-order Products becoming available for shipping.
You will be informed of the available shipping methods and you will be able to choose one of these methods prior to the completion of an Order. Playedby will bear no liability for any delays in delivering the Product(s) that occurred due to a carrier’s fault or circumstances beyond Playedby’ control or will.
On shipping of the Product(s), you may be required to sign for delivery. You agree to inspect the Product(s) for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product(s)/delivery note for exercising your right to withdraw from the Contract in accordance with section Return Policy (Right to Withdraw) below.
All risk in the Product(s) shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product(s).
If you are not available to take delivery or collection or if delivery or collection is delayed through your unreasonable refusal to accept delivery, Playedby may, at its sole discretion:
- immediately cancel the Contract, in which case we will refund any amounts already paid under the applicable Contract, less our reasonable administration charges (including any costs for shipping and returning the Product(s));
- keep the Product(s) available for you, provided you will bear the return costs and the costs of a new shipment.
Cancelation by Playedby
We may, without any liability or charges for Playedby, cancel an Order or a Contract if (a) the Product is not available for any reason, (b) in case of insufficient funds or if fraud or an unauthorized or illegal transaction is suspected or (c) you are in any way breaching these Terms and Conditions. If this is the case, we will notify you and refund any payment that you have made, using the same method originally used by you to pay for the Product(s).
Cancelation by the Customer.
If you would like to cancel an Order before shipment of the Product(s) or if you believe someone has accessed your account without your authorization, please contact Playedby immediately through the addresses listed in the “Contact” section of the Website.
Return Policy (Right to Withdraw)
All sales of Digital Products are final and all charges from those sales are nonrefundable. Playedby will not refund any fees for Digital Products that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Playedby.
To exercise your right of withdrawal, you must inform Playedby in writing, using the e-mail addresses firstname.lastname@example.org, of your decision to withdraw from the Contract by an unequivocal statement and return the Product(s) to:
Romania, Bucharest, 1st District, 239 Calea Dorobantilor, 6th Floor, zip code 010567
You understand and accept that the above deadline is met only if you return the Product(s) before the 14 days period has expired. Any direct costs of returning the Products will be borne by the Customer, unless Playedby expressly accepts to bear those costs.
If you withdraw from the Contract within the above withdrawal period, we shall reimburse all payments received from you, including the costs of shipping, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly requested otherwise; in any event, you will not incur any fees as a result of such reimbursement. You accept and acknowledge that we may withhold reimbursement until we have received the Product(s) back or you have supplied evidence of having sent back the Product(s), whichever is the earliest.
The return right shall be deemed correctly exercised once the following conditions have been fully met:
- the Products must not have been unsealed;
- the Products must be returned, complete and unused, in their original packaging;
- the returned Products must be sent to the shipping agent within 14 (fourteen) days of receiving the Products;
- the Products must not be damaged.
You are liable for any decrease in the value of the Product(s) resulting from any use or handling other than what is necessary to establish the nature and characteristics of the Product(s). Should you decide to exercise your right to return purchased products, Playedby has the right to not accept returned Products or to not fully refund the amounts paid for purchased Products that have been altered from their original status or damaged (provided that received faulty, damaged or defective Products shall be subject to the relevant section of these Terms and Conditions).
In the event that the checks do not have a positive outcome, Playedby takes all necessary steps to inform you, via e-mail, that a decrease in value of the returned Products has been detected, deriving from your failure to comply with the conditions indicated in this section Return Policy (Right to Withdraw) and the amount corresponding to such decrease in value.
In the event that your return does not comply with the terms and conditions set out in this section, you will not be entitled to any refund of sums already paid to Playedby; nevertheless, you shall be entitled, at your own expense, to receive the Products in the conditions in which they were sent back to Playedby.
Faulty, Damaged or Defective Products
We try very hard to deliver Products in excellent condition. It is our policy is to replace or provide a refund for any faulty, damaged or defective Products, provided that you promptly (but not later than 2 days after receiving the Product(s)) provide us with (a) all reasonable details regarding the way in which it is alleged that the Product is damaged or defective, (b) a copy of the receipt of the delivered Product(s)/delivery note and (c) any such other information as we may reasonably require.
No replacement or refund shall be made in case the Product has, after delivery by us: (a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions or (b) been dealt with or used contrary to our instructions of use for the Product and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
Playedby shall have no liability for lost, damaged, or destroyed Digital Products. Any security technology that is provided with a Digital Product is an inseparable part of the Digital Product. The Digital Product capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that the quality of any Products, Digital Product or other Content purchased, downloaded or obtained by you will meet your expectations. We make no warranty that any particular CD burner, browser, software, hardware, or portable device will be compatible with the Website or any Content offered on the Website. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE ANY CONTENT OFFERED ON THE WEBSITE IS AT YOUR SOLE RISK. ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR PRIVATE USE, WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS FOR MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
To the maximum extent permitted by applicable law, Playedby, its officers, directors, employees, agents, or suppliers shall in no event be liable under contract, tort, strict liability, negligence (including gross negligence) or any other legal theory with respect to the Products or the Website:
a. for any unauthorized use of the Website, its Content or the Products:
b. for any loss of revenue, loss of profits, loss of, damage to or corruption data, loss of clientele, loss of opportunities, loss of anticipated savings, damages to reputation or goodwill, damages caused by interruption of business or any other special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), even if Playedby knew or should have known of the possibility of such damages,
c. for any errors, omissions, or inaccuracies in any content or materials or for any loss or damage of any kind incurred as a result of the use (directly or through its designated users) of any content, materials posted or otherwise made available at or through the Website; we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website;
d. for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination),
e. for damages and losses due to the operation of third party products and services, such as Internet service providers; we exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
We do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these Terms and Conditions. In any case, Playedby’ total liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the value of the relevant Contract under which the cause of action arises.
Nothing in the Agreement and in particular within this Limitation of Liability section shall attempt to exclude liability that cannot be excluded or limited under applicable law such as in case of willful misconduct or fraud by Playedby.
This section prevails over all other clauses and sets forth our entire liability in or for breach of a Contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions, and your sole and exclusive remedies, for the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract (or any part of it or them).
You agree to indemnify, defend and hold harmless Playedby and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
Circumstances beyond our control
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract due to any cause beyond our reasonable control or will, including without limitation any act of God, actions of third parties (including without limitation hackers, suppliers, national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure“), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a Contract forthwith by written notice to the other in case the event of force majeure lasts for a period of 14 (fourteen) Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid and not delivered).
Use of the Website
Access to the Website for placement of an Order is allowed to any potential Customer acting for a legitimate purpose and intending to purchase one or more Products in accordance with these Terms and Conditions, whether as a guest or a registered user (owner of a Customer Account).
The misuse of the Website or of any accessible information outside its intended use on our platform is strictly forbidden. It will be considered misuse an abusive use or any use of the Website in a manner that is inconsistent with the fair trade practice, applicable law, or in any way that would otherwise prejudice Playedby or its partners.
We reserve the right to refuse access to some or all of the Website’s functions and to restrict the processing and /or delivery of an Order if, in our reasonable opinion, we suspect any fraud, you have a conduct that may prejudice Playedby’ interests or if you misuse the Website.
We may change or update the Website and anything described in it without notice.
Whilst we endeavor to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions.
Intellectual Property. Copyrights. Trademarks.
All copyrights in and to the Website (including the organization of content and charts) and software, are owned by Playedby and/or its licensors. The use of the Website, or any Content offered or otherwise posted on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Playedby and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Playedby and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
All rights of the authors of the works protected, reproduced and communicated on this Website are reserved. Unless authorized, any use of the Content other than for the purposes stated for herein are prohibited. Playedby may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
If Playedby receives a notice alleging that you have engaged in behavior that infringes Playedby’s or an other’s intellectual property rights or reasonably suspects the same, Playedby may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
If you believe that any information or material on the Website constitutes copyright infringement, please contact Playedby immediately, through the addresses listed in the “Contact” section of the Website.
Certain Content, Products and services available through our Website may include materials from third-parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Promotions and Coupons
We may publish on the Website information about the Products and / or promotions available for a limited period of time and/or within the available stock limit. As part of such promotions, Playedby reserve the right to issue and provide the Customers, by email, certain promotional coupons.
The credit of a promotional coupon does not accrue interest nor does it have a cash value. In the event that you wish to return a Product to which you applied the promotional coupon, you will refunded the amount paid after the use of such promotional coupon, in accordance with the procedure under the Return Policy (Right to withdraw) section of these Terms and Conditions.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable.
Acceptance and Acknowledgment
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications. Furthermore you accept and agree with the form of remote communication (e.g., by telephone or e-mail) through which Playedby carries out its operations.YOU HEREBY WAIVE ANY APPLICABLE RIGHTS TO REQUIRE A NON-ELECTRONIC SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW.
If you have any questions, comments, suggestions or concerns regarding the Website, the Products, the Contract or the processing of your personal data, you can contact Playedby through the following contact details:
Romania, Bucharest, 1st District, 239 Calea Dorobantilor, 6th Floor, zip code 010567
Phone no.: +40 736 866 853