Playoff Terms Of Service
Playoff s.r.l. (“Playoff”, “Company”, “we”, “our” or “us”) welcomes you (“User” or “you”) to our website at www.playoffgamification.io (the “Site”), and to our comprehensive enterprise gamification platform and related services via web-interface and/or mobile interface (App) (the “Platform”) and other products and services (collectively, the “Services”).
You may use the Service (or any part thereof) only in accordance with the terms and conditions hereunder.
Acceptance of the Terms
You acquire absolutely no rights or licenses in or to the Site and materials contained within the Site other than the limited right for you to access and use the Site in accordance with the Terms. You may not access or use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms. Your access and use of the Site is solely for your or your company’s use and benefit. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Site.
You may not access, monitor, or copy any content or information on the Site using any robot, spider, scraper, web crawler, or other automated means or any similar manual process. You may not violate the security of this Site or attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through any means.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SERVICE (OR ANY PART THEREOF) IN ANY MANNER WHATSOEVER.
Changes to the Site and Terms
If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Site.
Accessing the Site and Account Security
To use the Site or some of the resources it offers, you must register and open a Playoff account. Registration via the Site must be done by providing us with your first name, last name and your e-mail address. During the registration process, you will be asked to choose a password and username for your Account.
You must provide accurate and complete information when creating an Account and you agree to not misrepresent any of your personal information or Account information, and to keep your Account information accurate and up to date. You are solely and fully responsible for maintaining the confidentiality of the login credentials (e-m ail, username and password) of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account if you or anyone using your Account violates these Terms.
You must notify us immediately of any unauthorized use of your Account of Login Credentials or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of Playoff and/or others due to any such use.
License to use Gamification Platform
Following the subscribed contract between the Parties and in according to the conditions subscribed, Playoff grants to User a worldwide, non-exclusive, non-transferable license to use the Gamification Platform.
Playoff further undertakes to provide User with all updates, upgrades, releases and corrections to the Gamification Platform, at no additional price, provided that such modifications will be subject of the conditions set herein unless otherwise agreed between the Parties.
It is hereby clarified that the use of the Platform does not imply any personal data processing under the terms of the General Data Protection Regulation (Regulation (EU) 2016/679) or any other applicable data protection legislation, considering that Administrator Users and Players’ personal data will be duly anonymised.
Nevertheless, in case of any personal data processing within the scope of this Agreement, Playoff acknowledge that you shall be exclusively responsible for determining the purposes and means of processing of personal data.
Playoff shall ensure that the Platform is in full compliance with the applicable European legislation on data protection during all stages of the Agreement, including but not limited, on the implementation of the necessary technical and organizational measures to guarantee the personal data confidentiality, integrity and availability. Playoff shall ensure that only its personnel shall have access to the personal data and that such personnel only access the strictly necessary data to perform their tasks and receives clear instructions in the care and handling of personal data. Playoff will not grant any third party access to the Personal Data.
The Sites may enable you to design, develop, customize, upload, or otherwise make available through the Sites (collectively, “post”) content such as photographs. (collectively, “User Content”). Your user name may be associated with any User Content that you post. You represent and warrant to Playoff that you have all required rights to any User Content you post on or through the Site.
Playoff reserves the right to remove User Generated Content without notice.
You acknowledge, consent and agree that Playoff may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to:
- comply with any applicable law, regulation, legal process, or governmental request;
- respond to claims that any Content violates the rights of third parties, including intellectual property rights;
- enforce this Agreement and investigate potential violations thereof;
- detect, prevent, or otherwise address fraud, security, or technical issues;
- respond to your requests for customer service; or
- protect the rights, property, or personal safety or interests of Playoff, other users of the Website (“Users”), or the public.
- Intellectual Property
All right, title and interest in and to the Services (including the Site and Platform), any derivatives thereof, modifications, enhancements, and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Services and any part thereof), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Playoff, and are subject to copyright and other applicable intellectual property rights under Italy laws, foreign laws and international conventions. These Terms do not convey to you any interest in or to the Services (or any part thereof), but only a limited license of use in accordance with the License granted hereunder. Nothing in these Terms constitutes a waiver of Playoff’s Intellectual Property rights under any law.
Without derogating from the foregoing, you hereby assign and transfer to Playoff, without additional consideration, any right, title and interest that you may have in and to any and all Intellectual Property created, authored, made, developed, conceived or reduced to practice in relation to your use of the Services, and hereby waive all past, present and future claims relating to any moral rights, artists’ rights, or any other similar rights worldwide in or to such Intellectual Property.
Playoff and all logos and other proprietary identifiers used by Playoff in connection with the Services (“Playoff Trademarks”) are all trademarks and/or trade names of Playoff, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Services, belong to their respective owners (“Third Party Marks”). No right, license, or interest to Playoff Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Playoff Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Playoff and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Playoff’s marks and logos, whether registered or not.
Fees and Payment
User agrees to pay to Playoff the Gamification Platform license fees set forth in a subscribed contract for the duration of the applicable Subscription Term specified in the subscribed contract. The fees are payable in euros in Italy.
Disclaimer and Warranties
Playoff does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use or operation of the services (or any part thereof). The services (and any part thereof), including without limitation any content, data, products, marketing materials, reports and any information related thereto, are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
Playoff and its affiliates, including its officers, directors, shareholders, employees, sub-contractors, agents, parent companies, sister companies, subsidiaries and other affiliates (together, “Playoff affiliates”), jointly and severally, disclaim and make no representations or warranties as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any content, data, results, or other information obtained or generated by Playoff and/or any user in connection with your or any user’s use of the services.
Playoff does not endorse any entity, product or service mentioned on the services or using the services.
Playoff does not and cannot warrant that the operation of the services is or will be secure, accurate, complete, uninterrupted, without error, or free of viruses, worms, other harmful components, or other program limitations. Playoff may, at its sole discretion, correct, modify, amend, enhance, improve and make any other changes to the services at any time or discontinue displaying or providing any content or features without any notice to you.
You agree and acknowledge that the use of the services is entirely, or to the maximum permitted by the applicable law, at your own risk.
Limitation of Liability
In no event shall Playoff and/or any of its Playoff affiliates be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages of any kind, resulting from or arising out of the services, use or inability to use the services, failure of the services to perform as represented or expected, loss of goodwill or profits, the performance or failure of Playoff to perform under these terms, any other act or omission of Playoff by any other cause whatsoever, including any damages arising from the conduct of any users of the services.
You hereby acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Playoff’s services to you, and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy and even if Playoff and/or any Playoff affiliates has been advised of the possibility of such liabilities and/or damages.
You will indemnify, defend, and hold harmless Playoff and its partners, representatives, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with your access or use of the Site, or any links on the Site, including, but not limited to:
- any breach or violation of the Terms by you or someone using your computer, username, or password;
- your use or use by someone using your computer, username, or password of the Site;
- a claim that any use of the Site by you or someone using your computer, username, or password infringes any intellectual property right of any third party or otherwise results in injury or damage to any third party;
- any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Site by you or someone using your computer, username, or password;
- or a claim arising out of or in connection with User Content you post. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.
Playoff reserves the right, at Playoff’s expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with Playoff in asserting any available defenses.
These Terms shall be interpreted in conformity to Italian law. Any disputes arising between the Parties as a consequence to and in connection with these terms shall be settled definitively by recourse to the court of Padua, Italy.
If you have any questions (or comments) concerning the Terms, you are welcome to send us an e-mail to the following address, and we will make an effort to reply within a reasonable timeframe: email@example.com