1. INTRODUCTION
By accessing or using Playlo’s Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy and Cookie Policy, so it is important that you read this Agreement and these policies and procedures carefully before you create an account.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH DISPUTES WILL BE ADDRESSED BETWEEN YOU AND PLAYLO. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
We may update these Terms from time to time, so check this page regularly for updates.
These Terms of Use are between you and:
Luca Fasolis
Carrer de Cristóbal de Moura, 49
08019 Barcelona
Spain
The terms “us”, “we”, and/or “Playlo” refer to Luca Fasolis. Together you and Playlo may be referred to as the “Parties” or separately as “Party”.
As used in this Agreement, the terms “Playlo,” “us,” “we, and “our” shall refer to Luca Fasolis, as appropriate. Together you and Playlo may be referred to as the “Parties” or separately as “Party.”
By accessing or using our Services on Playloapp.com(the “Website”), the Playlo mobile application (the “App”), or any other platforms or services Playlo may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your access and use of our Services is also subject to the Privacy Policy and Cookie Policy, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Playlo (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately. Notwithstanding the foregoing, any material changes to the Limitation of Liability in Section 14 and the Dispute Resolution provisions in Section 15 below will require your affirmative acceptance.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before you create an account on Playlo, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Playlo.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
You are an individual at least 18 years old;
You are legally qualified to enter a binding contract with Playlo;
You are not prohibited by law from using our Services;
You do not have more than one account on our Services; and
You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without warning.
You agree to:
Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Use the latest version of the Website and/or App;
Take reasonable measures to protect the security of your login information.
You agree that you will not:
Misrepresent your identity, age, or affiliations with a person or entity;
Use the Services in a way that damages the Services or prevents their use by other users;
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes;
Use another user’s account;
Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
Violate the terms of the license granted to you by Playlo (see Section 6 below).
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Playlo’s prior written consent;
Express or imply that any statements you make are endorsed by Playlo;
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload viruses or other malicious code or otherwise compromise the security of our Services;
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
“Frame” or “mirror” any part of our Services without Playlo’s prior written authorization;
Use meta tags or code or other devices containing any reference to Playlo or the platform (or any trademark, trade name, service mark, logo or slogan of Playlo) to direct any person to any other website for any purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;
Use, access, or publish the Playlo application programming interface without our written consent;
Probe, scan or test the vulnerability of our Services or any system or network;
Encourage, promote, or agree to engage in any activity that violates these Terms;
Create a new account after we suspend or terminate your account, unless you receive our express permission; or
Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any Playlo reporting or appeals request system made available.
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post.
While using our Services, you will have access to: (i) content that you provide while using our Services; (ii) content that other users provide while using our Services (“Member Content”); and (iii) content that Playlo provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all usernames and profile pictures on our Services.
3a. YOUR CONTENT
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By providing Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
3b. OUR CONTENT
Playlo owns or licenses all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, artwork, images appearing on our Services is owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property law rights. All rights, title, and interest in and to Our Content, including the app itself, playlists, and underlying code, remain with us at all times. This excludes the song previews and album covers provided by Apple Music API which are the property of Apple, and we do not claim ownership of them. We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
The app features songs sourced from various streaming platforms, radios, blogs, magazines, and other media, with proper credit given to these sources within the app. It’s important to clarify that the app does not act on behalf of these music sources to avoid any potential legal issues. Instead, we attribute these songs as submitted by the respective media sources to credit them and to show users that we discovered those songs on those media platforms. This fair attribution ensures transparency and acknowledges the original sources of the songs within the game.
Playlo does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user by sending an email to support@playloapp.com
As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.
Privacy is important to us. We have a separate policy about it that you should read.
For information about how Playlo and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
Playlo grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, Playlo grants you a personal, worldwide, royalty-free (except in-app purchases), non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Playlo and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
You own all of the content you provide to Playlo, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to Playlo a worldwide, perpetual, transferable, sub- licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Playlo’s license to Your Content shall be non-exclusive, except that Playlo’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Playlo would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that Playlo can prevent the use of Your Content outside of our Services, you authorize Playlo to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. Playlo is not obligated to take any action with regard to use of Your Content by other users or third parties. Playlo’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for Playlo allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Playlo regarding our Services, you agree that Playlo may use and share such feedback for any purpose without compensating you.
You agree that Playlo may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of Playlo or any other person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
YYou will have the opportunity to purchase products and services from Playlo.
Playlo offers products and services for purchase through Apple Store, Google Play or the Website. Playlo offers products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”).
Our Services may be utilized without having to purchase products or services, if you wish to fully terminate your account, you must terminate your account as set forth in Section 9.
Playlo operates a global business, and our pricing varies based on a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size, past purchases, account activity and more. We also regularly test new features and payment options. To the extent permissible by law, we reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering.
8a. INTERNAL PURCHASES
Internal Purchases are processed using the Payment Method you provide on the Website or App.
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Playlo to charge the payment method you provide (your “Payment Method”). Playlo may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Playlo may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Playlo subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care.
You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
8b. REFUNDS
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For any other purchase-related inquiries, please contact Playlo Customer Service with your order number. This notice shall be sent to:
Playlo, Attn: Luca Fasolis, Refund
Carrer de Cristóbal de Moura, 49
08019 Barcelona
Spain
Email: support@playloapp.com
If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.
You can delete your account at any time by logging into the App, going to “Settings” and under ”About”, clicking “Delete Account”, and following the instructions to complete the deletion process. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.
If your account is terminated by you or by Playlo for any reason, these Terms continue and remain enforceable between you and Playlo, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
Playlo’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services or Member Content.
Responsibility for the use of this Website and Mobile App rests solely and exclusively with the User.
PLAYLO is not responsible, in any case, for damages of any nature that may be caused by:
– The non-availability, maintenance and operation of the Website and Mobile App or its services or contents, since it requires supplies and services from third parties.
– Errors and omissions in the information published, as well as the lack of usefulness, suitability or validity of the Website and Mobile App or its services or contents to satisfy the needs, activities or specific results or expectations of the Users.
Access to the Portal does not imply any obligation on the part of PLAYLO to control the absence of viruses or any other harmful computer element. It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs. PLAYLO is not responsible for any damage caused to the computer equipment of Users or third parties during the use of the WEBSITE or MOBILE APP.
Playlo’s liability is limited to the maximum extent allowed by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLAYLO, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF PLAYLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLAYLO’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO PLAYLO FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST PLAYLO, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
The Terms of Use of the Website and Mobile App are governed in each and every respect by Spanish law and the General Data Protection Regulation of the European Union.
Any dispute arising from matters related to this WEBSITE and MOBILE AP shall be subject exclusively to the jurisdiction of the courts of the city of Barcelona.
You agree to indemnify Playlo if a claim is made against Playlo due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Playlo, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, your conduct toward other users, or your breach of this Agreement. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy , Cookie Policy , and any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy, Cookie Policy, and any Additional Terms Upon Purchase, contain the entire agreement between you and Playlo regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of Playlo to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Playlo account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Playlo in any manner.
