Play-Now Terms & Conditions

Welcome to Play Now!

Lucinity Group ehf., Lucinity ehf. and/or their affiliates (“Lucinity” or “We”) provide the Play Now platform and other products and services to you when you sign up and start using Play Now or use software provided by Lucinity in connection with any of the foregoing (collectively the “Services”). Our Privacy Notice is included in these Conditions of Use to help you understand how we collect and process your personal information through the Services. Lucinity provides the Services to you subject to these Conditions of Use.

Lucinity provides the Play Now platform and other products and services to you when you sign up and start using Play Now or use software provided by Lucinity in connection with any of the foregoing. Our Privacy Notice is included in these Conditions of Use to help you understand how we collect and process your personal information through the Services. Lucinity provides the Services to you subject to these Conditions of Use.

Conditions of Use

Please read these conditions carefully before using the Services. By using the Services, you signify your agreement to be bound by these conditions.

1. ELECTRONIC COMMUNICATIONS

When you use any Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or in other ways. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. RECOMMENDATIONS AND PERSONALISATION

As part of the Services, we might recommend features, products, and services, identify your preferences, and personalise your experience.

3. COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Service, such as text, graphics, logos, button icons, images and data compilations is the property of Lucinity or its content suppliers and is protected by Icelandic and international copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any Service is the exclusive property of Lucinity and is protected by Icelandic and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Service without our express written consent.

4. TRADEMARKS

In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service are trademarks or trade dress of Lucinity. Lucinity’s trademarks and trade dress may not be used in connection with any product or service that is not Lucinity’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Lucinity. All other trademarks not owned by Lucinity that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lucinity.

5. PATENTS

One or more patents owned by Lucinity apply to the Services and to the features and services accessible via the Services. Portions of the Services operate under license of one or more patents.

6. LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use, Lucinity grants you a limited, non-exclusive, non-transferable, non-sub-licensable licence to access and make personal and non-commercial use of the Services. This licence does not include any resale or commercial use of any Service or its contents; any derivative use of any Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use are reserved and retained by Lucinity or its licensors, suppliers, publishers, rights holders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Lucinity without our express written consent. You may not use any meta tags or any other “hidden text” utilising Lucinity’s names or trademarks without our express written consent.

You may not misuse the Services. You may use the Services only as permitted by law. The licences granted by Lucinity terminate if you do not comply with these Conditions of Use.

7. YOUR ACCOUNT

You need your own Play Now account to use the Services, and you will be required to be logged into the account.

If you use any Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

You must not use any Service: (i) in any way that causes, or is likely to cause, any Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse any Services or terminate accounts if your behaviour gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on our website. Notwithstanding any such limitation or termination, you will continue to have access to content and services up to that point.

8. INTELLECTUAL PROPERTY CLAIMS

Lucinity respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us at playnow@lucinity.com.

9. LUCINITY SOFTWARE

These conditions apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Services (the “Software”).

1. Use of the Software. You may use the Software solely for purposes of enabling you to use and enjoy the Services as provided by Lucinity, and as permitted by the Conditions of Use. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing any Software and we may terminate your right to use any Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of these Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Software that are specifically identified in related documentation may apply to that Software (or software incorporated with the Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Service is the property of Lucinity or its software suppliers and protected by Icelandic and international copyright laws.
2. Use of Third Party Services. When you use the Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.
4. Updates. In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

10. LIMITATION OF LIABILITY

We will do our utmost to ensure that availability of the Services will be uninterrupted and error-free. However, this cannot be guaranteed. Also, your access to the Services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

In no event shall Lucinity be liable for indirect, special, consequential, exemplary or incidental damages of any kind, including without limitation damages for lost profits, loss of goodwill, work stoppage, loss of use, computer failure or malfunction, however caused, arising out of or related to the Services. For the avoidance of doubt, Lucinity’s liability limits apply likewise to Lucinity’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions.

11. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of Iceland. We both agree to submit to the exclusive jurisdiction of the courts of Iceland.

12. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

13. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

14. PRIVACY NOTICE

Lucinity is committed to protecting and preserving the privacy of your personal information while you are browsing our website or communicating electronically with us.

This privacy notice aims to provide information on how Lucinity collects and processes personal data through the use of its operations and services.

Types of information that may be collected

We may collect, store, and use the following kinds of personal information about individuals who visit and use our website:

• Information that you supply to us. This may include forms that you fill out on our website, requesting information or access and information collected may include name, position, and contact information.
• Technical information about your geographic location, IP address, browser type and version, operating system, and any response time and technical issues that may have arisen.
• Information about your visit, including pages, viewed, what you clicked on, documents downloaded, and time spent on individual pages and site.

Our website uses “cookies” to identify the areas that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to personalize the content that you see on our site. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in cookies.

Use of information

Lucinity may use your personal information for operational, legal, administrative, and other legitimate purposes permitted by applicable law. Some of the ways we may use personal information include:

• Providing you with requested products or services
• Providing customized product and service information
• Providing product service updates, information, and alerts
• Sending communications, including for marketing or other customer satisfaction purposes
• Order processing and to provide transaction documents
• Analyzing and monitoring the extent of use and enhancing our products and services.

We may also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.

Disclosure/transfers of personal data

We do not rent, sell, or share personal information about you with other people or non-affiliated companies.

We will use all reasonable efforts to ensure that your personal data is not disclosed to regional/national institutions and authorities unless required by law or other regulations.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorized access.

Retention of personal data

Lucinity will seek to either erase or return data obtained once it no longer requires the data to fulfil its contractual obligations or other legitimate purposes.

Third-party links

Our site may, from time to time, contain links to and from third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Your rights

Lucinity is responsible for taking appropriate measures to provide you with information concerning the processing of your data and your rights based on GDPR.

Lucinity will provide you with the following rights under GDPR, particularly, the right to:

• Access to data obtained and retained
• Rectification of inaccurate data obtained
• Erasure of the data obtained and retained
• Restriction on processing the data obtained
• Objection to the processing of the data obtained
• The right to data portability

Lucinity will assist you, without undue delay, if you wish to exercise your rights, particularly regarding the right of access and/or rectification of inaccurate personal data.

Notification of a data breach

In case of a personal data breach by Lucinity or a Sub-Processor, Lucinity will take appropriate measures per the GDPR.

Data Protection Officer (DPO)

Lucinity has appointed a Data Protection Officer (DPO) to manage any data requests and handle any data issues or data breaches.

Should you require further information concerning this Privacy Notice or any other information, it should refer to the DPO by phone or email. The DPO will respond to the query as soon as possible.

Lucinity ehf – Data Protection Officer
Borgartún 25
105 Reykjavík
Iceland
email: dpo@lucinity.com

Privacy notice amendments

This Notice will be updated regularly according to the changes made by Lucinity concerning the processing of personal data.