Please read these terms carefully because they describe your rights and responsibilities.
This is the official Terms of Service Agreement (“Agreement”) for “Pylon Play” hereinafter referred to as (“Service,” “we,” “us,” or “our”), an internet website owned and operated by Pylon Play. The Service includes a set of games (web and apps) and this Agreement governs only the content, features, and activities related to this Service.
These terms of use contract constitute a legally binding agreement between you (hereinafter referred as “you”, “client”, “user”) and the Pylon Play. In this Agreement, the term “Service” includes website, web pages, and apps within the Service as well as any equivalent, mirror, replacement, substitute or backup websites and web pages or apps that are associated with the Service. By using this Service, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services.
The words “use” and/or “using” in this Agreement mean any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Service, transmit, receive or exchange data or communicate with the Service, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Service, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content, sites, apps, or any links that may direct your browser or your connection to third party sites or apps.
We may require each user to have a unique username and password combination in order to access and use certain features or functions of the Service. Please read our Privacy Policy, which describes the personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a username and password, and enter your email for us to contact about account changes and other information relating to our service and our partners. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
Passwords are issued on a personal basis. Accordingly, all content or instructions transmitted by or received from anyone presenting your password on the service will be deemed binding on you. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Service and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Service, these changes become effective immediately and if you use the Service after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms of use of this Agreement, other Additional Terms, Rules and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms of use of your agreement with us.
The contents of this Service, including all Service software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Service, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of Pylon Play. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Service” includes “Material” as well. The Service is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Service, including notices on any Material you download, transmit, display, print or reproduce from the Service. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or app), or otherwise use, any Material without the express prior written consent of Pylon Play. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act quickly to remove content on the Service that infringes the copyright rights of others and will disable the access to the Service and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Service and to promptly end any infringement that might occur. If you believe that the Service contains elements that infringe your copyrights in your work, please contact us immediately.
We improve the experience of using our Service through customized ad experiences from our partners. Data collected from our Service or others may inform the ads across sites and apps (including this Service) for a more tailored internet experience. From time to time, you may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Service. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Pylon Play hereby grants you the limited right to access, view and use the Service only for the purposes of accessing, viewing or playing content, posting or submitting User Material, using the embedded link function, placing store orders or for accessing information, experiencing and contributing to our partners targeted advertising, Applications (as defined herein) and services. By using our Services, you agree and consent to let us collect, use, and share any data necessary to provide you such services.
Pylon Play reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Service. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Pylon Play. Minors should seek consent of his or her legal guardian before using this Service. Unless you have received specific written permission from Pylon Play, you may not (a) “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Service; (b) alter or modify any content on the Service; or (c) deep link or gain unauthorized access to any portion of the Service. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Service for any commercial purpose.
Pylon Play may offer you the ability to use certain applications, including without limitation, instant messages, chat areas, bulletin boards, email functions, software and services that allow you to download specific content from the
There may be portions of our Service, content, functionality or features (e.g. digital streaming media player(s) or our sharing/embedding feature) (“Viral Features”) that we make available to users for your personal use. Viral Features does not include Applications as defined herein. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Service or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or app, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Viral Features) you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy
From time to time, Pylon Play may conduct promotions through the Service, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
The user agrees to pay all fees (which may include any applicable taxes) incurred by the user or anyone using an account registered to the user. The price of any product, service or entitlement purchased through the Services will be the price specified at the time of the user's purchase. Pylon Play may revise the pricing for any product and services offered through the Service at any time.
When conducting online purchases with Services, the user must provide true, accurate, and complete information about yourself and provide non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or Pylon Play has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Pylon Play has the right to void related financial transactions and to refer to appropriate authorities the details of such incidents.
All purchases made through the Services are non-refundable. The user assumes full responsibility for confirming that the phone, computer or other device is supported, and that the computer, phone or other device has the proper software and is compatible with the products, applications or services purchased, downloaded or otherwise obtained by the user through the Services.
If any purchases of Services are made by the user through third-party platforms, such sales are regulated in accordance with the terms of use of the relevant platform. Please contact the relevant store or payment platform directly with any questions regarding payments, billing, or refunds. Pylon Play does not control these processes.
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Service or any other form of link or re-direction of your connection to, with or through the Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Service, Pylon Play.
If you are registered to use the Service, your account will remain active. If you wish to discontinue use of the Service, you should no longer log into your account.
Except as specifically set forth in this agreement, we expressly disclaim any and all liability arising from or relating in any way to any and all products. Except as specifically made in writing, we expressly disclaim all representations and warranties of any and every kind, express or implied, with respect to any and all products, including, but not limited to, any warranty of merchantability or of fitness for a particular purpose.
You understand and agree that, to the fullest extent permissible by law, this service, Pylon Play, any of its affiliates, or its respective successors and assigns, or any of its respective officers, directors, employees, agents, representatives, licensors, operational service providers, advertisers, or suppliers, shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the service or from this agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
You agree that your sole remedy for any breach of these terms by Pylon Play its parent companies or any of their affiliates or agents shall be, at Pylon Play option, (1) substitution or replacement of all or part of the application or product that gives rise to damages incurred by you in reasonable reliance on Pylon Play; or (2) refund of the amount that you paid to Pylon Play. You agree that the damage exclusions in these terms shall apply even if any remedy fails of its essential purpose.
14. Assumption of Risks and Mature Content
You assume all risks that the service, content, user materials, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free. Any applications downloaded or otherwise obtained through the Service are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By participating in multi-player games or visiting chat rooms you may be exposed to rude, crude, indecent, or other offensive language or references. You agree that Pylon Play shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the Service.
You agree to indemnify, defend and hold the Service, Pylon Play, and any of its respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Service.
This Service is controlled and operated by Pylon Play from its office within Tbilisi, Georgia. Pylon Play makes no representation that the Service, Applications, or related information offered by Pylon Play are appropriate or available in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Service and supersedes any and all prior or inconsistent understandings relating to the Service and your use of the Service. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to Pylon Play by postal mail to: Pylon Play, 215/II, Shalva Nutsubidze Street, Tbilisi, 0186, Georgia or as to a successor address that Pylon Play makes available on the Service or through other reasonable manner.
These Terms of Use (including these Terms) and any claims or dispute arising hereto are governed by the laws of Georgia.
By accepting the given Terms of Use agreement, the User waives claims that the User might otherwise have against Pylon Play based on the laws of other jurisdiction, including User’s own, and irrevocably consents to the dispute resolution according to the legal acts of Georgia.