Terms of Use ("Terms")

These terms and conditions ("Terms", "Agreement") are an agreement between PlayKids Internet Móvel S/A ("PlayKids Internet Móvel S/A", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Crafty Lands mobile application and any of its products or services (collectively, "Mobile Application" or "Services").

1. Privacy Policy

Your use of the Service is subject to Crafty Lands' Privacy Policy. Please review our Privacy Policy, which also governs the Service and informs users of our data collection practices.

Crafty Lands' Privacy Policy can be found here: https://www.iubenda.com/privacy-policy/11573858

2. Accounts and membership

If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We may interrupt or restrict your use of the Service, without indemnifies or prior notice, if we suspect of any infraction of the terms herein or involvement in illicit or inadequate use of the Service. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

3. Billing and payments

For the use of the Service you must have access to the internet and provide a valid and accepted payment method, that you have authorization for use. You must pay for the Service solely through the payment method provided, contacting us if you receive charges through other means or at amounts that don’t match the ones agreed, being fully liable for any improper payment. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, if you don’t request the cancelation, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). Sensitive and private data exchange between the Mobile Application and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time, with simple notice. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

4. Subscription

4.1. Apple Subscription

The subscription made by App Store use the payment system of Apple, subject to the Terms and Services of Apple: https://www.apple.com/legal/internet-services/itunes/us/terms.html.
Payment will be charged to iTunes Account at confirmation of purchase.
Subscription automatically renews for the same period contracted, unless auto-renew is turned off at least 24-hours before the end of the current period, regardless of prior notice.
Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
Payment management is done by Apple system, so any complains related to this must be made to Apple support.. More information can be found here: https://support.apple.com/en-us/HT202039

4.2. Google Subscription

The subscription made by Google Play Store use the payment system of Google, subject to the Terms and Services of Google: https://play.google.com/about/play-terms/index.html.
Payment will be charged to Google Play Account at confirmation of purchase
Subscription automatically renews for the same period contracted, unless auto-renew is turned off at least 24-hours before the end of the current period, regardless of prior notice.
Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
Payment management is done by Google system, so any complains related to this must be made to Google support. More information can be found here: https://support.google.com/googleplay/answer/7018481?hl=en&ref_topic=1689236&co=GENIE.Platform%3DAndroid&oco=1

5. Virtual Goods and Virtual Currency

The Service may include functionality which allows you to purchase and use virtual goods (for instance, additional characters or tools within our games) ("Virtual Goods"). We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, revocable licence to use such Virtual Goods within the Service in accordance with any requirements set out in the Instructions and in this EULA. Unless otherwise specified, all Virtual Goods will be deemed to be an integral part of the Service and therefore be a Licensed Item.

Virtual Goods may be licensed to you upon payment by you of:
• “real world money”, or by using separate activation codes as applicable from time to time; and/or
• virtual currency purchased, earned or obtained through your use of the Service or from any platform we enable for this purpose from time to time ("Virtual Currency").

You acknowledge that you do not own the Virtual Goods and/or the Virtual Currency. They do not represent any credit balance of “real world money” or the equivalent, and cannot be redeemed for "real world money" or anything of monetary value. Virtual Goods and Virtual Currency are provided solely for your enjoyment of the Service. All sales of Virtual Goods and Virtual Currency by us to you are final.

You will not trade, sell, gift, transfer or lend Virtual Goods or Virtual Currency (a "Virtual Transaction"), except as permitted in accordance with the Instructions. Where the Instructions permit you to engage in Virtual Transactions any transactions are between you and the other relevant parties. We have no responsibility for any Virtual Transactions, redemptions or refunds of Virtual Goods and/or Virtual Currency. We are not responsible for any claims brought against you in relation to your use of the Virtual Goods and/or Virtual Currency, relating to any Virtual Transactions you enter into or are alleged to have entered into.

We may require you to comply with specific policies applicable to the purchase and use of Virtual Goods and Virtual Currency and we may change these policies from time to time. All such policies will form part of this EULA. We may modify or eliminate Virtual Goods and/or Virtual Currency from some or all Service at any time, with or without notice. We will have no liability to you in the event that we exercise these rights. If we close Your Account, terminate your access to the Service, or terminate this EULA, you will forfeit all Virtual Currency and Virtual Goods, and we will have no liability to you for that forfeiture.

6. Accuracy of information

Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application. No measures should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.

7. Backups

We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

8. Advertisements

During use of the Mobile Application, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

9. Links to other mobile applications

Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. Some of the links in the Mobile Application may be "affiliate links". This means if you click on the link and purchase an item, PlayKids Internet Móvel S/A will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.

10. Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by PlayKids Internet Móvel S/A or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with PlayKids Internet Móvel S/A. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of PlayKids Internet Móvel S/A or PlayKids Internet Móvel S/A licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any PlayKids Internet Móvel S/A or third-party trademarks.

11. Disclaimer of warranty

You agree that your use of our Mobile Application or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. You are the only responsible for the use of a compatible platform with Crafty Lands, understanding that some updates may cause incompatibilities with the Service specifies. PlayKids has no responsibility whatsoever in this circumstances.

We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

12. Limitation of liability

To the fullest extent permitted by applicable law, in no event will PlayKids Internet Móvel S/A, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if PlayKids Internet Móvel S/A has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of PlayKids Internet Móvel S/A and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to PlayKids Internet Móvel S/A for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

13. Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

14. Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

15. Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

16. Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.

17. Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to craftylands@playkids.com

This document was last updated on August 28, 2019