PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT LEGAL INFORMATION REGARDING YOUR RIGHTS, DUTIES, SCOPE OF REMEDIES, ETC., WHICH YOU WILL BE BOUND BY AS A LEGAL AGREEMENT. 

  1. Acceptance of Terms 

These Terms of Service together with the Company’s Privacy Policy (as defined below) and any other policy, guidelines, or terms published by the Company (the “Terms”), explain how you can use the Company’s Services (as defined below) and any other features or capabilities at our website or any of our apps (“Apps”) and constitute a legally binding agreement between Gankster Ltd. (“Company”, “we” or “us”) and yourself (“you”).

BY REGISTERING TO AND/OR USING THE COMPANY’S SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE THERETO. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, USE OR ACCESS THE SERVICES.

If you accept these Terms, you represent that you are either 18 years of age or older or possess legal parental or guardian consent to use the Services, and that you are fully able and competent to understand and accept these Terms as a binding contract and to abide by all Terms. If you are under 18, your parent or guardian agrees to these Terms on your behalf and is responsible and liable for your compliance with the Terms. 

Please note that the term “you” also includes a company or other entity/organization on whose behalf you are accepting these Terms, to the extent applicable. If you do not have the requisite authority, you may not accept these Terms and/or download, use or access the Services (as defined below) on behalf of any company or other entity/organization.  

The Terms shall remain in full force at any time regarding any use of the Services, regardless of whether you have uninstalled the Services or any application in which they have been embedded or canceled any agreement with the Company. 

The Company reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Services and to cancel any Account(s) (as such term is defined below) you have created for use of the Services.  

If you violate the Terms, the Company reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Account(s) you have created for using the Services. You agree that the Company does not need to provide you with notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.  

You agree that the Company may change any part of the Services, including its content, at any time, or discontinue the Services or any part thereof, for any reason, without notice to you and without liability.  

The Services is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or Services available through our Services for any commercial or competitive activity or purpose. 

  1. Description of the Services  

The Company enables its users, through the App, to set up ​matches​​     ​, find and recruit players, coordinate training with other teams and participate in organized tournaments and other features and capabilities as may be available from time to time, all in connection with Games (as defined below) which Services support or may support in the future (the “Services”). 

​​​While using the Services in accordance with the terms and procedures detailed hereinbelow, the App shall set your “reputation” within the App which shall be based on your Profile and Account Information (as such terms are defined below) (the “GankRep”). Your GankRep may vary based on your manner and performance while using the Services and related Games.  

​​​Once registered to our Services you will be able to create a team with other registered members and/or join one or more of the other registered teams in the App (each such team shall be referred to as a “Team”).  

​​​Our Services also offer registered Teams to join to one of our various subscription plans (“Subscription Plan”), with each such Subscription Plan providing availability and access to certain features and/or other benefits. Details of such Subscription Plans, related available features and benefits for the subscribing Team and applicable pricing can be found ​​on our App. A Team may upgrade or downgrade any such Subscription Plan at any time with such upgrade/downgrade becoming effective at the beginning of the subsequent billing period to such change. When you are a member of a Team that has subscribed to one of our Subscription Plans, you may also be afforded access to certain features and benefits within the Services.  

When (and if) you create a Team, you shall be designated as its owner and as such you will control over all available options and features the App offers with respect to the Team. You may also designate a person to be the “admin” for the Team, which will have access to certain features and options in respect thereof (e.g., change Team’s name). all other members of the Team will be able to invite others to join the Team. We note that the available options and features in connection with the Team may change from time to time.  

Certain Subscription Plan(s) may also offer access to our tournaments and/or other competitions platform which supports certain Games (the “Competitions”). Participation in our Competitions may entitle one or several winner(s) to certain cash and/or other awards as shall be determined by the Company and be published at the applicable Competition enrollment page (the “Awards”).  

​​​ 

Any Award won by you shall be paid by the Company, including via a third-party payment processor on the Company’s behalf. Upon winning an Award, a notice shall be sent to you with specific guidance with respect to the Award withdrawal process (the “Winning Notice”). Please note that any Award may be actually withdrawn by you subject to provision and completion by you of certain information required by the Company and/or the third party payment processor on Company’s behalf (in addition to any information previously provided as part of the enrollment process), in their sole discretion and any failure by you to provide and duly complete such required information within the designated time frame provided, may result in the loss of any won Awards. In addition, please also note that payment of an Award may be subject to you meeting certain criteria, which if not met will not allow the Company to pay the Award according to applicable law and you hereby waive any claims you may have in that respect.  

  1. Fees; Payment  

The Services and subscription to any of our Subscription Plans may be subject to payment of the applicable subscription fee which can be found on our App. ​​The access to such Services and use of its features will be contingent upon timely payment of applicable subscription fees. You will be advised of the price, duration and all applicable terms before purchase. The Company reserves the right to terminate your use of the Services in case of any failure on your part to timely pay any fees due by you to the Company. The Company may, at its sole discretion, add, remove or change the features and Services it offers or the fees (including the amount or the type of fees) the Company charges at any time. The Company is not responsible for any charges or expenses you incur as a result of being billed by the Company in accordance with these Terms. ​​All fees payable by you are exclusive of any applicable taxes and duties, including, without limitation, VAT and applicable sales tax. Fees are quoted and payable in ​​US$ and fees are based on Services purchased and not actual usage.  

Fee payments to the Company are safely processed through a third-party payment processor (a “Payment Processor”) and then paid to us. In the event of credit card fraud or unauthorized use of your Account(s) by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In addition, you agree: (i) that the services of Payment Processors may be used to process transactions; (ii) to review and be bound by the Payment Processor’s terms of use and privacy policy; (iii) to only provide valid and current information for yourself; and (iv) that all payments made are final and non-refundable. You acknowledge that you may need to hold, or register, an active account with the Payment Processor. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree that you shall have no claim, suit or demand of any kind. 

  1. Grant of License 

Subject to your agreement and compliance with these Terms, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Services. Use of the Services shall be solely for your own private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Services is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Services shall immediately terminate, and you shall immediately refrain from using the Services. If the Services or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Services and must refrain from using the Services.  

  1. Access to the Services 

Please note that the Company does not develop, publish or distribute games. ​​Therefore, in order for you to be able to fully enjoy the Service, you must have an active account with at least one of the supported Games (“Games’ Account”). Accordingly, use of the Service will be also subject to any terms and conditions to which the applicable Game is subject to, including without limitation, with respect to payment of any fees and/or other charges required by such Game.  

The games that the Company currently supports can be found https://gankster.gg (the “Games”). Please note that we may add Games to or delete Games from the Service at any time, in our sole and absolute discretion, without notice. 

The Company cannot guarantee that the Services will always function without disruptions, delays or errors. A number of factors may impact the quality of your communications and use of the Services and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. The Company takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. 

  1. Account Information 

Your purchase ​​or use of the Services require the creation of an account on our website or App. During the process of creating an account (the “Account(s)”), you may be required to select a ​​username and a password and provide certain additional information and/or connect other relevant accounts you may have (e.g., Discord, Riot) to the App, and in addition to create a profile which may include and display other information that we may obtain from your Account and/or your Games’ Accounts (the “Profile”, and the “Account Information”, respectively). You agree that the Account Information in your Profile, as well as your Reputation, may be publicly available to other users.  

The following rules govern the security of your Account(s) and Account Information. For the purposes of these Terms, references to Account(s) and Account Information shall include any account and account information, including usernames, passwords or security questions, whether or not created for the purpose of using the Services, that are used to access the Services. 

  1. You shall not share your Account(s) or Account Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account(s).  
  1. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Account Information or unauthorized access to your Account(s), you must immediately notify the Company and modify your Account Information; 
  1. You are solely responsible for maintaining the confidentiality of the Account Information, and you will be responsible for all uses of your Account Information, including purchases, whether or not authorized by you;  
  1. You are responsible for anything that happens through your Account(s), whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account(s) may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;    
  1. You undertake to monitor your Account(s) and restrict use by any individual barred from accepting these Terms and/or receiving the Services, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Services by any of the above mentioned; and 
  1. The Company reserves the right to remove or reclaim any username at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.  

Any personal information you provide to us when creating or updating your Account(s), which may include, inter alia, your name and e-mail address, will be held and used in accordance with our Privacy Policy available at https://gankster.gg/privacy-policy/ (the “Privacy Policy”) which constitutes an integral part of these Terms. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes. You represent and guarantee that you have full right and authority to provide the Company with the foregoing information, including, without limitation, any third party’s consent (to the extent required under any applicable law).  

  1. Account Termination 

The Company may refuse to provide you access to the Services or may terminate your Account(s) without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account(s), or illegal or improper use of the Services, User Content (as defined below), products, or our intellectual property as determined by the Company in its sole and absolute discretion. You may lose your Account Information as a result of Account termination, without responsibility on the part of the Company for any damage that may result from the foregoing. If you have more than one Account, the Company may terminate all of your Accounts.  

You acknowledge that the Company is not required to provide you with notice before suspending or terminating your Account(s).  In the event that the Company terminates your Account(s), you may not participate in nor make use of the Services again without our express consent. The Company reserves the right to refuse to keep accounts for and provide access to the Services or any future service or any part thereof to, any individual. You may not allow individuals whose Account(s) have been terminated by us to use your Account(s). If you believe that any action has been taken against your Account(s) in error, please contact us at: [email protected]

You are solely responsible for maintaining an adequate backup of any content you provide and/or upload to the Services. the Company does not guarantee that any content will always be available through the Services. Do not rely upon the Services as a storage space for such content.  

  1. User Content  

You agree that any content published by you through the Services is done so through the use of technology and tools provided by the Company. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws. You grant The Company the right to act as an agent on your behalf as the Service’s operator.  

We do not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement, provided or uploaded to the Services by any user (the “User Content”). However, by sending and/or creating User Content and/or using the Services you automatically grant us a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Services and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by us associating such User Content with your user information, username and/or profile picture. We may retain any raw material that you submit and make internal use of such material including for testing purposes. You hereby agree that any of our users may view and use the User Content. You may request that we delete and make no further use of such material by contacting us at: [email protected]

We will have the right to collect, extract, compile, synthesize and analyze aggregated, non-personally identifiable information resulting from use of the Account, that does not identify you or any natural persons as the source. For clarity, such data does not constitute User Content and we retain all intellectual property rights to such data.  

We may or may not regulate User Content and provide no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Services. You agree that we will not, under any circumstances, be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.  

We reserve the right (but shall at no time be obligated) to, in our sole discretion, remove, block, edit, move, disable or permanently delete User Content from the App with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, we shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to affect such removal other than under applicable law.  

  1. ​​​Communication Channels  

The Service may provide communication channels such as forums, social media communities, or chat areas (the “Communication Channels”) designed to enable you to communicate with other users of the Service. The Company is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company. You will be solely responsible for your activities within the Communication Channels and under no circumstances will the Company be liable for any activity within the Communication Channels. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. the Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.  

  1. Rules of Conduct and Usage 

You represent and warrant that you have full right and authority to use the Services and the App and to be bound by these Terms. You agree that you will fully comply with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Services and App. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.  

You undertake that you shall not defraud, or attempt to defraud, the Company or other users, and that you shall not act in bad faith in your use of the Services and/or the App. If the Company determines that you have acted in bad faith and/or in violation of these Terms, or if the Company determines that your actions fall outside of reasonable community standards, the Company may, at its sole discretion, terminate your Account(s) and prohibit you from using the Services and/or the App. You agree that your use of the Services and/or the App shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not: 

  1. Create Account(s) with or access the Services if you are barred from receiving the Services under the provisions of these Terms or any applicable law; 
  1. Promote, host, display or implement the Services on any websites that: (i) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by the Company at its sole discretion), defamatory, libelous, obscene, gambling related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content; (ii) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (iii) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) engage in activities that violate the Company’s Privacy Policy; (v) openly encourage users to click on banner ads or other sponsored links to support the site; or (vi) infringe any right of any third party or violate any applicable law or regulation; 
  1. Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable; 
  1. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner; 
  1. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by the Company or by applicable statutory law), modify or alter any part of the Services, and/or the App; 
  1. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services, the App and/or the computers and mobiles of other users of the Service; 
  1. Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone; 
  1. Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); 
  1. Create false personas, multiple identities, multiple user Accounts (except for a bona fide purpose in order to acquire the Services), set up Account(s) on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms; 
  1. Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information; 
  1. Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on the Company or otherwise disparages or devalues the Company’s reputation or goodwill;  
  1. Make representations with respect to the Company not approved in advance and in writing by the Company. You shall obtain the Company’s prior written approval to the content of any marketing message, and with respect to any use of the Company’s trade name and/or trademarks and/or designs in connection with the Services;  
  1. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account(s) to anyone without the Company’s prior written consent; 
  1. Access or use Account(s) which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account(s) creator without the Company’s prior written consent;  
  1. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms; 
  1. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services; 
  1. Attempt to use the Services on or through any service that is not authorized by the Company. Any such use is at your own risk and may subject you to additional or different terms. the Company takes no responsibility for your use of the Services through any service that is not authorized by it; 
  1. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or 
  1. Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Service’s servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.  
  1. Intellectual Property Ownership 

The Company and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to the App, and any and all of the Service’s materials (including, but not limited to, any applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the “Service’s Materials”) You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Service’s Materials, or rights to any derivative works thereof. The Service’s Materials are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to these Terms or otherwise exploit any of the Services Materials without the Company’s explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Services in accordance with these Terms. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written consent from the Company. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account(s) as well as severe civil and criminal penalties.  

You are not required to provide the Company with any feedback or suggestions regarding the Services and/or any of the Service’s Materials. However, should you provide the Company with comments or suggestions for the modification, correction, improvement or enhancement of the Services and/or any of the Service’s Materials, then, subject to the terms and conditions of these Terms, you hereby grant the Company a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner the Company chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of the Company’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media the Company chooses, but without reference to the source of such comments or suggestions. 

  1. Disclaimer of Warranty; Limitation of Liability; Indemnification 

You agree that your use of the Services shall be at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Services, of the content of any sites linked to the Services, of any Third Party Materials (as defined below) and assume no liability or responsibility for any: 

  1. Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content; 
  1. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services; 
  1. Any unauthorized access to or use of Third-Party Materials, secure servers and/or any and all personal information and/or financial information stored therein; 
  1. Any interruption or cessation of transmission to or from the Services; 
  1. Quality of any information or other material obtained by you through the Service; 
  1. Material published, displayed and/or offered through the Service, its completeness, accuracy and/or reliability; or 
  1. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or 
  1. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Services. 

WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICES PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OR RELIANCE THEREUPON THE SERVICES (INCLUDING, WITHOUT LIMITATIONS,  ANY DAMAGES RESULTING FROM THE ACCESS OR USE TO THIRD PARTIES’ HARDWARE) OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT DESPITE THE EXPLICIT PROVISIONS OF THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OUR MAXIMUM LIABILITY FOR ANY SUCH DAMAGES OF ANY KIND, SHALL NOT EXCEED THE VALUE OF THE FEES PAID BY YOU TO US DURING THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. 

  1. Third Party Material  

You may be able to access, review, display or use other third party services, resources, content, data, information, software code and/or links to other websites or resources, including without limitation the Games (the “Third Party Materials”) via or in connection with the Services and/or the App. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and the Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services and/or the App. You acknowledge and agree that the Company: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Services and/or the App. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by the Company of Third Party Materials or any such third party services. 

These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted (by license or otherwise) by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials. 

Without derogating from any of the Company’s rights and remedies under these Terms and/or under law, the Company will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, including the termination of your Account(s), in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials. 

You may not use any Third Party Materials for which you have not obtained appropriate approval to use. the Company cannot grant permission to use third party content.  

  1. Links, Search Engines 

The Services may contain links to other websites or resources (the “Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or service available on or through any such site or resource. 

  1. Notices 

Notices to you may be made via the App and/or e-mail. the Company may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. You agree that all agreements, notices, disclosures and any other communications that the Company provides as aforementioned satisfy any legal requirement that such communications be in writing.  

  1. ​​​General  

The Company is not responsible for reporting or paying any applicable taxes or processing fees in respect of any Award which may be paid by the Company. You are responsible for and agree to promptly pay all charges, including applicable taxes and processing fees in respect of any Award. The Company shall be entitled to make any mandatory deductions from any Award shall be paid to you and withheld any amounts which are subject to a withholding tax under the laws of Israel, unless you have timely provided the Company with an authorization issued by the relevant tax authority to act otherwise. 

You shall be solely responsible for and bear all liability with respect to, and shall indemnify the Company on account of any liability it shall actually suffer as a result of, payment of any and all taxes, levies, insurances, contributions and other liabilities, charges, dues or impositions, in all jurisdictions, including without limitation, with respect to the Service.  

By using or accessing the Services, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel Aviv, Israel . The Company reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.  

For any questions about these Terms or any other issue regarding The Company or the Services please contact us at: [email protected]

Last update: March 8th 2023.

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