TERMS AND CONDITIONS PLAYORIUM.IO

 Last update 19/01/2022

 

These End User Terms and Conditions (the “Terms and Conditions”) govern the use of the Playorium provided by Netgen Entertainment SRL company incorporated under Belgian law with registered seat located at Clos des cerisiers 18, 7850 Enghien, Belgium and registered with the Crossroads Bank for Enterprises under company number 0775326443 (hereinafter “netgen”, “Playorium” or “Netgen Entertainment”) . When using Playorium, you accept the then current Terms and Conditions in their entirety.

 Playorium reserves the right to modify the Terms and Conditions at any time. Such modifications will only enter into effect after notification thereof.

 

Article 1. Definitions

“Content” means texts, files, photographs, videos, logos, slogans, (personal) data or any other material that is published by Users via Playorium.

 “Data Protection Legislation” means all applicable legislation regulating the processing of personal data, including the EU General Data Protection Regulation no. 2016/679 of 27 April 27 2016 (“GDPR”) and the Belgian law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, as well as future modifications.

 “Intellectual Property Rights” means any design rights, trade marks, domain names and trade or business names (whether registered or unregistered), patents, copyright and related rights, database rights, trade secrets, other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and applications, extensions and renewals in relation to any such rights.

 “App” means computer programs and related data that provide instructions to the computer systems, whether in an executable form (object code) or a human-readable form (source code), including documentation and preparatory design material.

 “User” means any person who has successfully registered in accordance with Playorium registration process and who as such becomes an authorized user of the Playorium App (also referred to as “you” or “your”).

 

Article 2. Access to

The App can be accessed via mobile smartphone, tablet, internet browser and/or an integrated application, as the case may be. Netgen Entertainment reserves the right to restrict or suspend access to the Playorium in whole or in part (including by (temporarily) blocking User accounts and/or blocking traffic from specific IP addresses) without any prior notice, for security purposes, for preventing fraud, in case of breach of these Terms and Conditions or for an other legitimate interests. Such restriction or suspension will not result in any compensation.

 User accounts are for individual use only and may not be shared with other persons. User must maintain the confidentiality of its account details, including password, at all times. The user must be at least 18 years old, otherwise parental consent may be requested. The User is responsible for all use of Playorium via his account.

 

Article 3. Acceptable use

Users are not allowed to use Playorium in any way that causes, or may cause, damage to Playorium or impairment of the availability, security or accessibility ofPlayorium; or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 Users must not use the Playorium to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Netgen Entertainment has the right to monitor the User’s use of Playorium.

 

Article 4. Intellectual property rights

Netgen Entertainment hereby grants the User, who accepts, a non-exclusive, non-transferable, worldwide right to use, execute, download, install, store and access Playorium, for as long as the User remains an authorized user of Playorium.

Any reproduction, copy, adaptation, translation, modification, alteration, edition and/or diffusion of all, or a part, of the Software, whatever the form and whatever the means, electronic and/or mechanic, is strictly prohibited.

For any Content you post via Playorium you warrant that you own all the Intellectual Property Rights to that Content or that you have obtained the necessary rights thereto. By posting Content, you grant Netgen Entertainment, its agents and other Users an irrevocable, non-exclusive, worldwide right to access, reproduce, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, and otherwise use the Content, even after you cease use of Playorium.

 You agree to indemnify and hold Netgen Entertainment harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.

 With a view to improving or maintaining quality of Playorium, Netgen Entertainment may, without notice, suspend or remove some Content temporarily or permanently. Under no circumstances will such removal result in any compensation.

 

Article 5. Processing of personal data

For the purpose of this section, “personal data”, “processing”, “data controller”, “data subject”, “processing”, etc. shall have the meaning ascribed thereto in Data Protection Legislation. Netgen Entertainment will process your personal data such as your contact details, identification details, data relating to your use of Playorium, data relating to your device, IP addresses, etc. for the following purposes:

  • to provide access to Playorium;
  • to monitor the use of Playorium;
  • to contact you, including to inform you about changes to our services or products or to inform you about relevant offers and actions;
  • to analyze your behavior to improve Playorium;
  • to ensure the proper functioning and security of Playorium; 

The provision of these personal data is necessary for the use of Playorium and is based on the performance of this contract as well as on Netgen Entertainment’s legitimate interests, such as guaranteeing the proper functioning and security of Playorium and handling questions or complaints.

 Your personal data is collected directly from you, via your use of Playorium and/or via your device.

 Netgen Entertainment may share your personal data with third parties such as hosting providers. Netgen Entertainment will only transfer personal data to a country outside the European Union in accordance with Data Protection Legislation and where required it shall take the necessary measures to ensure adequate safeguards, such as the execution of standard data protection clauses adopted by the European Commission.

 Your personal data are stored as long as your use of Playorium continues and a maximum of 10 years after the end of the contractual relationship (this period corresponds to the statutory limitation period, which may be interrupted by an interruptive act)

 You have the right to request access to and correction or deletion of personal data, to request limitation of processing, to object to processing and the right to data portability, via the contact details indicated in Article 9. You also have the right to lodge a complaint with the Belgian Data Protection Authority (https://www.autoriteprotectiondonnees.be/citoyen).

 

Article 6. Liablity

Netgen Entertainment is not responsible for, and does not endorse, any Content published via Playorium. Consequently, Netgen Entertainment cannot be held liable for damages resulting from Content posted by another User.

Netgen Entertainment provides Playorium “as is” and does not make any representation regarding the specific functions of Playorium, its reliability, availability, or ability to meet your needs.

Netgen Entertainment shall not be held liable for any damages resulting from unauthorized use or unauthorized access of Playorium.

 Netgen Entertainment shall not be liable for any indirect, special, incidental, consequential, or exemplary damages, such as, without limitation, financial losses, loss of profit, reputational damage, loss of data, loss of security.

 In any case, Netgen Entertainment’s total aggregate liability under these Terms and Conditions shall be limited to the amount of the registration fee.

 You shall indemnify and hold harmless Netgen Entertainment from and against all losses, damages, expenses (including reasonable legal fees) and claims arising out of or in connection with (i) your use in violation of the Terms and Conditions; and (ii) your negligence, (willful) misconduct, or other fraudulent and criminal acts.

 

Article 7. Term and termination

These Terms and Conditions will remain in effect as long as the authorized use by the User continues.

Netgen Entertainment has the right to terminate the Terms and Conditions with immediate effect and without prior judicial intervention, in case of a material breach by the User, which in case it is capable of being remedied is not remedied within 15 days after receiving notice thereto by Netgen Entertainment.

 

Article 8. Governing law and jurisdiction

These Terms and Conditions and the use of Playorium are exclusively governed by Belgian law. The courts of Hainaut (division Mons), Belgium are exclusively competent for any disputes arising out of or in connection with these Terms and Conditions or the use of Playorium.

 

Article 9. Orders

9.1. Order placement 

To place an order, the Customer must first create a personal account.  He must provide the information necessary for identification, including a valid email address and a private passwor, which he must keep confidential. These will serve as identifiers to log on to the Website. For security purposes, the private password must beat least eight (8) characters long and contain letters, numbers and special characters or by using an authentication method provided by Playorium. The Customer is responsible for the choice of the conservation of his identifiers and must ensure their confidentiality. The Company cannot, under any circumstances, be held responsible for any identity theft and connections to customer accounts by third parties, if the Customer has not followed the aforementioned instructions.

The provision of personal information collected in the context of distance selling is mandatory. This information is necessary to process order deliveries and issue invoices. This information is strictly confidential. The Company undertakes to collect only the data strictly necessary for account creation and order placement purposes.

9.2. Payment 

The price to be paid by the Customer is the amount stated on the order summary the Customer reads before the final validation of his purchase. Once payment has been made, the price is also stated in the receipt, sent by email to the Customer by Playorium or another service. 

 The Stripe platform is the payment platform used by the Company to manage all payments. All Customers’ banking data are directly processed by their services. For more information or to contact them, you can visit www.stripe.com. Consequently, the Company cannot be held liable for any payment issues or any other problem.

The Customer can choose one of the following methods to pay his purchases: 

  • American Express
  • Apple Pay
  • Bancontact
  • Blue card
  • Eurocard
  • Bancontact
  • Giropay
  • iDEAL
  • Mastercard
  • Maestro
  • Visa

Netgen Entertainment reserves the right to activate or deactivate the payment method. Netgen Entertainment may also add payment methods other than Stripe without informing the customer.

9.3. Order acknowledgment

Upon completion of payment, Playorium (or other service) sends a summary of the order named “receipt” by email to the email address provided by the Customer. 

 This document serves as an acknowledgment of receipt and includes all the elements of the contract concluded between the Parties.

9.4. Order follow-up and history

For ongoing order follow-ups, the Customer can log into his personal account and go to the section “Transaction History”.

 

Article 10. Right of withdrawal and refunds

The withdrawal period relating to the order of a Service is governed by the Economic Law Code.

 In addition, article VI.47 & following of the Economic Law Code provides that the right of withdrawal does not apply to the following contracts:

  • Services contracts fully executed before the end of the withdrawal period and whose execution has begun after prior express consent of the consumer and express waiver of his right of withdrawal;
  • Digital content not supplied on a material medium and whose execution has begun after prior express consent of the consumer and express waiver of his right of withdrawal.

 Prior express consent of the consumer shall be understood as the acceptance of these Terms upon placing the order. 

 Directive 2011/83/EU confirms the Consumer Code by stating in Article 16 that it is impossible to apply the right of withdrawal for the supply of digital content “if the execution has begun with the prior express consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal”.

 The right of withdrawal in distance contracts
Book VI of the Code of Economic Law also stipulates that the consumer retains the right of withdrawal from digital content which is not provided on a tangible medium from the moment the contract is concluded material medium from the moment :

  • The consumer has not given his prior express consent for its performance
    during the withdrawal period ;
  • The consumer has not acknowledged that he has lost his right of withdrawal by giving his consent;
  • The business has failed to send him a confirmation of the contract concluded and of the prior express consent given by the consumer

 

Article 11. Transaction Proof, Retention and Archiving

Playorium  recommends that Customers keep a hard copy record, or a record on a reliable IT support, of any data related to his order. 

 Computer records, kept in the Playorium computer systems under reasonable security conditions, shall be considered as proof of communications, orders, deliveries and payments between the Parties. 

 Receipts archiving is carried out on a reliable and durable medium in order to correspond to a faithful and durable copy. 

 

Article 12. Rewards, cashprize and deadline

Netgen Entertainment reserves the right to verify your player account in order to avoid any fraudulent attempts to withdraw winnings from tournaments. You will be asked to provide your bank account details and your ID card or passport in order to validate your account.

 If your account is not validated, no winnings, whether money or hardware, can be sent.

Netgen entertainement will pay out the winnings within 14 days.

 In case of a tournament organized by a third party organizer, Netgen Entertainment declines any responsibility concerning the delay of sending the winnings whether it is money or material.

Netgen Entertainment cannot be held responsible for any abuse by the user with regard to the legislation in force in your country. You are therefore asked to respect the latter, especially when it comes to obtaining winnings by a minor.

 

Article 13. Contact

In case of questions or complaints, please contact support[AT]playorium.io or send a registered letter to the following address:

Netgen Entertainment SRL
Clos des cerisiers 18
7850 Enghien
Belgium