Terms & conditions
Playfuul.com is owned and operated by
180 degree uni pessoal LDA
Rua Brito e Chunha, 603
VAT registration number: PT516225243
The following terms apply to all deliveries and services of Playfuul. By placing an order, the customer agrees on these terms. Playfuul reserves the right to change these terms from time to time without notice.
All rights, obligations, offers, orders, and agreements entered into under these terms and conditions are subject exclusively to Portuguese laws and jurisdiction.
By placing an order on Playfuul website the customer automatically agrees on Playfuul’s terms and conditions.
These terms and conditions (the “Terms”) apply to the website located at https://playfuul.com/ and all associated sites (collectively, the “Site”) operated by Playfuul. The following terms and conditions (“Terms”) govern your use of the Site.
In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a username and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Playfuul will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.
When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Playfuul or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site or contact us firstname.lastname@example.org.
Payments & Payment Methods
The Site currently uses Paypal and Stripe Payments to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express, Apple Pay and Discover, as detailed on the applicable payment screen. For orders placed by credit card or PayPal, the payment is deducted at the time of order placement.
Stripe and Paypal meet level 1 of PCI complience on data security.
14 Day Return Policy – Unused Products Only
Returns are only accepted within 14 days following he delivery’s date. To be eligible for a return, your Playfuul game(s) must be unused and in the same condition that you received it. It must also be in its original packaging.
To return your product, please contact us at email@example.com. If the product is received by us in unused and undamaged condition in its original packaging, we will refund your purchase.
Damaged in Shipment
Please be sure to inspect your product once you receive it. If your Playfuul game is damaged in transit, please email us at firstname.lastname@example.org right away. Include a description of the damages, and pictures if possible. This information is extremely helpful to ensure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced right away.
Once your return is received and inspected, we will send you an email to notify you that we have received your shipment. If you are approved, then your refund will be processed, and a credit will be applied to your credit card or original method of payment, within 10-14 days.
General Restrictions on Use
You will not (and will not attempt to):
- Access any of the Services by any means other than through the interface that is provided by Playfuul;
- Gain unauthorized access to Playfuul’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Playfuul’s networks and computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Playfuul in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
As between you and Playfuul, Playfuul owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Playfuul, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Playfuul or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Playfuul on the Site, and all other persons and entities, will not:
- (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person;
- (b) violate any law, statute, ordinance, regulation, or agreement; or
- (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Playfuul, you grant Playfuul a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Playfuul shall be under no obligation:
- (1) to maintain any Comments in confidence;
- (2) to compensate you in any way for your Comments; or
- (3) to respond to any Comments.
We welcome feedback, comments and reviews of the Playfuul products and suggestions for improvements to the Services (“Reviews”). Reviews are submitted voluntarily, and published for informational purposes.
You can submit Reviews by emailing us at email@example.com or by reviewing our products on https://playfuul.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Review for any purpose.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.
Disclaimers and Warranties
Playfuul reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. Playfuul is not liable in case of stock outage or unavailability of products. We have made every effort to display as accurately as possible the colors of our products that appear at the Site, but we cannot guarantee that your computer monitor’s display of any color will be accurate.
Playfuul expressly disclaims, to the fullest extent permitted by law, any express or implied warranties:
- (i) that the Site, Services, Site Content, goods, advice, information or links provided on the Site will meet your requirements;
- (ii) that the Services will be uninterrupted, timely, secure or free from error;
- (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected;
- (iv) regarding the Site Content, goods, services, advice, information or links provided by any third parties or users;
- (v) that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and
- (vi) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.
You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Playfuul assumes no responsibility for:
- (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and
- (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or Services except to the extent that they are expressly set out in these Terms.
Limitation of Liability
IN NO EVENT WILL PLAYFUUL BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL PLAYFUUL’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF PLAYFUUL AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
Without limiting the foregoing, you understand and acknowledge that Playfuul shall not be liable to you for:
- Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
- Any loss or damage which may be incurred by you as a result of:
- (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site or the Services;
- (ii) any changes that Playfuul may make to the Site or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
- (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site or the Services;
- (iv) the use of any products or services obtained on or through the Site; or
- (v) any other matter relating to the Site, the Services, the Site Content, or the Comments.
The limitations on Playfuul’s liability to you in this Section shall apply whether or not Playfuul has been advised of or should have been aware of the possibility of any such losses arising.
You agree to defend, indemnify and hold harmless Playfuul, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- (i) your use of and access to the Site and Services;
- (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or
- (vi) the use by any other persons accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section without the prior written consent of Playfuul.
Links To Other Sites
If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Playfuul by email at firstname.lastname@example.org with a comprehensive detailed message setting forth the following information:
- (a) your name and the name of your company, if any;
- (b) your contact information, including your email address;
- (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and
- (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted under the Portuguese laws and jurisdiction. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Porto, Portugal, unless Playfuul elects otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of Portugal. The arbitrator shall not be bound by rulings in prior arbitrations involving different Playfuul users, but is bound by rulings in prior arbitrations involving the same Playfuul user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the Portuguese laws and jurisdiction’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Playfuul will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Playfuul should be submitted by mail to the Portuguese Justice Administration along with your demand for arbitration and Playfuul will make arrangements to pay all necessary fees directly to the the Portuguese Justice Administration. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Playfuul will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Playfuul for all fees associated with the arbitration paid by Playfuul on your behalf that you otherwise would be obligated to pay under the the Portuguese Jusctice Administration’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Playfuul account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
The Site is controlled and operated from within Portugal. Without limiting anything else, Playfuul makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
==> Last Updated: June 6th, 2021