Terms Of Use and End User License Agreement
These Terms of Use and End User License Agreement govern your use of the software application PLAYGEM (hereinafter: "the Software") and the game offered therein (hereinafter: "the Service"). By agreeing to these Terms you also agree to our Privacy Policy. The Software and Service is operated by a company registered in Israel.
By using the Software and the Service you agree to be bound by these Terms of Use and End User License Agreement, and confirm that you are able to read this Agreement in the English language. In addition, by using the Software and the Service you represent that you are over 13 years old. If you are between the ages 13 and 18, you hereby represent and warrant that your legal guardian has reviewed the terms of this Agreement and agrees to them.
DESCRIPTION OF THE SOFTWARE AND THE SERVICE
The Software is a social media gaming application which enables users to play games.
The Software operates only within the Facebook environment. Accordingly, you are able to use the Software and the Service only when you are logged in to your Facebook account. Once you access the Software, you will be requested to confirm that Facebook transfers your basic information (such as the user name and photograph appearing in your Facebook account as well as your email address) through the Facebook API to us for the purpose of identifying you as a user of the Software.
Subject to server capacity limitations, the Software may enable you to watch your game history within the Service for the recent several days. Such data shall be available to you only, and you may elect to share it with other users.
In order to encourage users to succeed in our game, we may publish data in the game according to various categories of users and statistics, as set upon our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the Software.
LICENSE AND PROPRIETARY RIGHTS
The Software and the Service are protected by copyright laws and applicable international treaties. Subject to the terms of this Agreement, Company hereby grants you a worldwide personal, non-exclusive, non-transferable license to use the Software and the Service, subject to the terms and conditions of this Agreement.
Once you upload information on the Software (such as text messages or other content), you hereby grant Company a non-exclusive license to use it on the Software and the Service, under the terms and conditions of this Agreement. You hereby declare that you are authorized to upload such information or content and that any such upload is not in breach of any third party rights (including intellectual property rights) or applicable laws.
PlayGem Technologies Ltd. is the owner of all rights in the Software and the Service, including any and all copyright, trademark, trade secrets, patent or any other intellectual property rights embodied in the Software and the Service and each and every component thereof. Nothing in this Agreement shall be deemed as a grant of any such rights to you.
NO AFFILIATION WITH FACEBOOK
For the avoidance of doubt, Company is not affiliated with or endorsed by Facebook in any manner whatsoever, and any and all aspects of the Facebook website are owned by Facebook, Inc. and governed by the respective policies of Facebook. "FACEBOOK" and "FACEBOOK CREDITS" are trademarks of Facebook Inc. The Software and the Service are offered by Company to Facebook users subject to the applicable Facebook policies governing third party applications offered and used on the Facebook website.
PAYMENTS RELATED TO THE USE OF THE SOFTWARE AND THE SERVICE
Except in certain circumstances, the use of the Software and the Service is free of charge for all users. Some features of the Software may be accessible only upon purchase of virtual currency of Facebook known as "Facebook Credits". The payment terms and method shall be governed by the applicable policies of Facebook in connection with purchase and use of Facebook Credits, as appearing on the Facebook website. After you purchase Facebook Credits, Company shall receive revenues from Facebook in connection with such purchase in accordance with Facebook's policies governing Facebook Credits. Company hereby disclaims any warranty and shall not be liable for any damages relating to or in connection with your use of the Facebook Credit payment service. In addition, any request for refunds shall be subject to the applicable policies of Facebook concerning refunds for Facebook Credit purchases. For the avoidance of doubt, Company does not deal directly with any payment issues, does not collect any bank account or credit card details from users, and does not have any access to such information. In addition, you hereby acknowledge that Company shall not be required to pay any applicable taxes (such as withholding taxes, VAT, etc.) in connection with payments made from you under this Agreement, except for taxes which Company is required to pay to the applicable tax authority which governs its activities.
Once you have purchased Facebook Credits, you will be able to use them in connection with the paid features of the Software and the Service. The Facebook Credits you purchase are for your own personal use only, in accordance with the applicable policies of Facebook.
In the course of using the Software and the Service, you may be awarded with certain game credits or prizes (hereinafter: "Awards") which shall allow you to access certain paid features of the Software and the Service for free. Such Awards are virtual and have no monetary value whatsoever. They may not be redeemed for cash, property or anything else besides the benefit within the applicable games provided by us and you shall not be entitled to refund them or exchange them with anything else in the event the account is terminated for any reason. Such Awards may not be withdrawn, sold or transferred.
YOUR USE OF THE SOFTWARE AND THE SERVICE
You may not use the Software and the Service to perform any activity (i) which is in violation of any applicable laws or may be regarded as unlawful, harassing, obscene, infringes another's privacy, or otherwise objectionable (ii) which infringes the rights of third parties or (iii) which is in violation of this Agreement; (iv) which is intended for advertising or soliciting other users to buy products or services. Without derogating from the generality of the above, while using the Software and the Service, you may not post information or content which (a) falsely impersonates or otherwise misrepresents your true identity; (b) includes any information (either name, contact details or photo) of another person or entity, unless you were explicitly empowered in writing to do so; (c) is unlawful, libelous, obscene or otherwise objectionable; (d) is false. You hereby declare that any information posted through the Service shall be accurate.
You may not use any personally identifiable information which may be disclosed to you by other users for any purpose, other than for the communications with such users.
In addition, while using the Software and the Service, you may not use any automatic means (including "spiders", "robots", "bots",etc.) in order to "scan" the Software and retrieve the information appearing therein or in order to improve your performance in the game offered by the Software.
The Software and the Service are accessible only through the Facebook social network. The Software and the Service comply with Facebook policies regarding external applications offered to its users. Obviously, your use of any of the features of Facebook is subject to Facebook's applicable policies.
PRIVACY
By using the Software and the Service, you agree to be bound by our Privacy Policy available at which is incorporated by reference as part of this Agreement.
ACKNOWLEDGMENT REGARDING USE OF THE SOFTWARE AND THE SERVICE AND DISCLAIMER OF WARRANTIES
You acknowledge and agree that:
(a) Some of the features of the Software and the Service incorporate the use of third party technology licensed by Company.
(b) The Software and the Service are provided "as is", without warranty of any kind. Company makes no warranty, express or implied, regarding the Software and the Service, including the accuracy of information appearing therein (including information posted by users), and disclaims any warranty of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Company explicitly disclaims any warranty with respect to the accuracy of information appearing in profiles of other users.
(c) Your use of the Software and the Service is at your own risk.
(d) In order to use the Software and the Service, you must be logged in to your Facebook account. In case you attempt to use the Software or the Service without being logged in to Facebook, the Software will require you to log in to your Facebook account. As your use of the Software and the Service are dependent upon your internet connection and the availability of your Facebook account, the Software and the Service may be temporarily unavailable as a result of interruptions to your access to use Facebook. In addition, you acknowledge that any and all information in your Facebook is accurate, and complies with any applicable laws and with Facebook's applicable policies.
(e) Company has no control over the reliability and accuracy of information and material posted by users through the Service. Company has no obligation to monitor such content. Nevertheless, in the event that Company learns that such content is violation of any applicable law and/or in violation of the terms of this Agreement, it may immediately take necessary action as it deems fit (including deleting such content from the Service and suspension of your account).
(f) By being a user, you agree to occasionally receive emails from us in connection with your account with us (for instance - announcements of new features of the Service, etc.). You will always be able to be removed from our mailing list in this regard, upon your request, by contacting us at [email protected]. In addition, in the event that you choose (in an opt-in manner) to enable us to do so, we may send emails on your behalf to the contact people in your email account or in your Facebook Profile, notifying them about the Software and the Service.
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, these warranties shall apply to the maximum extent possible.
THIRD PARTY ADVERTISING
Company may provide you with links to third party websites or software applications. Nothing herein shall be regarded as a representation or warranty to the content or service of such third party vendors, to which Company is not affiliated. Your use of such independent third party vendors' products and services shall be subject to their applicable policies, and is at your own risk.
FORCE MAJEURE
Company shall not be liable for any delay or failure to perform resulting from causes which are outside its reasonable control, such as acts of god, terrorism, war, riots, fire, floods, strikes or shortages.
LIMITATION OF LIABILITY
(a) In addition to express limitations on Company 's liability throughout this Agreement, in no event shall Company or its licensee or assignee be liable to any third party for any unavailability or errors related to the use of the Software or the Service. In addition, in no event shall Company or its licensee or assignee be liable to any third party for any indirect, special, incidental or other consequential damages however caused in connection with the use of the Software or the Service, even if Company has been advised of the possibility of such damages.
(b) If, notwithstanding the limitations on liability contained in this Agreement, Company shall be found liable to you in an action related to this Agreement and your use of the Site or the Service, its liability shall not exceed the amount of US$ 100.
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, these warranties shall apply to the maximum extent possible.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company, its affiliates, officers, employees, consultants and agents, and their successors, from and against any and all liability, damages, or costs (including attorney fees) arising out of or in connection with your use of the Software and the Service or your breach of any of your representations or obligations in this Agreement.
TERM AND TERMINATION
Company may terminate the Agreement by deleting your account with the Software, in the event that it is required to do so by law or court order, in the event that it becomes aware or has reason to believe that you have violated any of the terms of this Agreement, or if there is any other reason which justifies refusing the acceptance of you as a user.
You may also terminate this Agreement by requesting us to delete your account with the Software and the Service, and such request shall be handled promptly after it is accepted.
Any provisions relating to indemnification, limitation of liability and disclaimers of any kind shall remain in full force and effect after termination of the Agreement.
CHANGES TO THIS AGREEMENT
Company may change any of the terms of this Agreement at any time and for any reason. Notice on material changes shall be posted on the Software. You are responsible to periodically check out the Software for any such notices. You agree that you continued use of the Software and the Service will constitute your acceptance of such changes. If you do not agree to such changes, you can always stop using the Software and the Service and request the removal of your profile by sending an appropriate e-mail to [email protected]
GOVERNING LAW AND JURISDICTION
The Site and Service are operated by PlayGem Technologies Ltd. By accessing the Software and by using the Service you agree that all matters relating to your access to or use of the Software and the Service shall be governed by Israeli law. You also agree to submit to the exclusive personal jurisdiction of the competent courts in Israel with respect to any matter relating to your access to or use of the Software and the Service, and no other courts or tribunals shall have jurisdiction over such matters.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Company in connection with the Software and the Service. If any provision in this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Agreement shall remain in full force and effect. Any failure by Company to enforce or exercise any provision hereunder shall not constitute a waiver of a right or provision. Unless otherwise stated elsewhere in this Agreement, this Agreement cannot be amended or modified unless in a writing instrument executed by an executive of Company. You may not assign or otherwise transfer your rights this Agreement without Company's prior written consent. Company may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to any third party whatsoever, without notice and without the need to receive your consent, in connection with the sale or transfer of substantially all of its assets, or in connection with its bankruptcy.
CONTACT US
If you have any questions relating to this Agreement or need support of any kind in relation to the Site or the Service, you are welcome to contact us with any query at
[email protected]
and we will do our best to answer you shortly (within no longer than 48 hours). Currently, support is given only to enquiries in English.