Terms of use

In force from April 10th 2020

General provision

This Agreement (hereinafter referred to as: “Terms of Use”) shall be considered as a license agreement between a natural person (hereinafter referred to as: “User”) using Software and Services (understood as mobile game, application and other products or services) provided by PlayingLab Sp. z.o.o. with its registered seat in Katowice, Poland (hereinafter referred to as: “PlayingLab”) and PlayingLab. This license agreement grants User a limited, non-exclusive license to install and use Software and Services for non-commercial purposes only.

It is important to read this Terms of Use carefully before installing and making use of any Software and Services. By accepting Terms of Use and concluding this license agreement User shall not acquire any proprietary rights to any of the Software and Services. User by purchasing and installing or using Software and Services accepts the terms and conditions arising from the Terms of Service. Whereas User is not entitled to sublicense or assign any rights or obligations from the license agreement. In case User is between 13 and 18 years old, is its legal guardian who has reviewed and accepts to this Terms of Use.

User who does not accept mentioned terms and conditions shall refrain from installing or using Software and Services. 

Please be advised that before accessing or using the Software and Services you may also be required to register an account via Software and Services or via website: https://magnificenttennis.com/en/ (hereinafter referred to as: “Account”). In case data provided by User during registration of the Account is untrue, inaccurate, incomplete or noncurrent PlayingLab reserves the right to suspend or even terminate such a Account. User shall immediately inform PlayingLab in case of any unauthorized or unlawful use of User’s Account or about any other breach of security measures related to User’s Account. 

Limitations of Liability

PlayingLab shall not be liable for any damages (nor special, consequential or incidental) arising from access, use or malfunction of Software and Services. That includes any damage to property, device or machine malfunction or failure, but its not limited to.

PlayingLab shall not be liable, to the extent permitted by law, for damages to loss of profits, personal injuries, punitive damages caused by use, access  of Software and Services whether these damages arises from tort (including negligence), contract, strict liability or otherwise. 

The sole fact that PlayingLabs has been advised of the possibility of such damages shall not affect above mentioned limitation to PlayingLabs liability. 

PlayingLab shall not be liable for any User loss caused by an unstable Internet connection, an malfunction or interruption in the Internet connection. 

User acknowledgments

User acknowledges that it is forbidden to:

  • modify (including any unauthorized third party software), hack, interfere, cheat, as well as exploit any bugs of Software and Services;
  • use Software and Services in violation of any applicable law or regulation;
  • use Software and Services for commercial purposes, such as advertising, solicitation as well as to transmit any commercial advertisements such as spam emails, but not limited to. 
  • use Software and Services for abusive or fraudulent purposes;
  • act in a manner that could negatively affect other Users experience while using the Software and Services;  
  • attempt to get an unauthorized access other Users accounts; 
  • collect, gather or harvest any information about or regarding other Users, especially through any software or service considered as spyware, but not only;
  • break or bypass Software and Services securities; 

User generated content

Within Software and Services provided by PlayingLab Users may generate content (hereinafter referred to as: “User Generated Content”) in form of pictures, graphics, messages, wall posts, opinions, maps,challenges, characters, screenshots, videos of gameplay etc. 

User hereby agrees to grant PlayingLab a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use User generated content. 

PlayingLab is entitled to use User generated content in any way and for any purposes, including but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current means and to distribute User generated content without any further notice or compensation to User of any kind. 

Except as prohibited by law, User waives any rights of attribution and/or any moral rights User may have in User generated content, regardless whether User generated content is altered or changed in a manner not agreeable to User. 

Privacy and Personal Data

To fully enjoy the Software and Services there may require processing of some of User’s personal data. 

Such processing is described in details in our Privacy Policy which you can find at https://magnificenttennis.com/en/privacy-policy/.

Trademark

PlayingLab as a terms as well as the PlayingLab logo and other logos or names dedicated to specific software or service created by PlayingLab are registered trademarks owned by PlayingLab. User is not entitled to use or display such trademarks in any way. Be aware that all of third party trademarks that may appear during use of Software and Services are the property of this respective third parties and all rights therein are reserved. 

Payments

Some of Software and Services may include in-game purchases of virtual items  such us skills, commodities, abilities, skins, emojis etc. (hereinafter referred to as “Virtual items”). 

PlayingLab has sole right to manage, control and regulate (including modifying and deleting) these Virtual items using Virtual currency. 

User by purchasing Virtual item acquires limited, non-transferable, non-sublicensable, personal but revocable license to use Virtual item, solely within Software and Services. 

User shall not sell, redeem or otherwise transfer Virtual item outside of the Software and Services specific for this Virtual item. 

User acknowledges that any transaction allowing User to obtain Virtual currency in exchange for traditional currency is provided by third party (“Payment Service Provider”) and it requires to enter into an separate agreement with Payment Service Provider to carry out the payment. PlayingLab is not and will not become a party of that agreement. 

PlayingLab will never be held responsible for the communication between you and the Payment Service Provider, and all information that User exchanges with the Payment Service shall be subject solely to the privacy policy and other terms and conditions of that Payment Service Provider. 

Taking under consideration what was mentioned above, PlayingLab is not responsible for any damage caused by failure of such transaction, whereas any claims related to such failure shall be filed to the Payment Service Provider. 

Indemnification

Upon a request by us, User agrees to defend, indemnify, and hold harmless us and our parents and other affiliated companies as well as any respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Governing law

Terms of Use and any action related to this document shall be governed by the laws of the Republic of Poland unless otherwise agreed upon by PlayingLab and/or another dispute resolution forum is available pursuant to mandatory consumer law. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Katowice, Republic of Poland. 

User irrevocably waives all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the PlayingLab’s Software and Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Software and Services or any content or other material used or displayed through the Software and Services and agree to limit your claims to claims for monetary damages.

Miscellaneous

Sometimes it may be necessary for us to change this document (for example due to legal obligations). The most recent version of these terms shall at all times be accessible via the Service. You are responsible for checking these Terms of Use periodically for changes.