INTRODUCTION AND ACCEPTANCE
Dynamic Games Ltd. (“Dynamic Games”, “we”, “us” and “our”) offers you access to its interactive online websites, applications and services. These Terms of Use, and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”) or any of our widgets or other applications (“Applications”)– together, our “Service” or “Services”. Our Services include
http://www.dynamicgames.net/ all other locations on which we place these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES(OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED “AMENDMENTS; ADDITIONAL TERMS”. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
Dynamic Games reserves the right, in its sole discretion, to revise or modify these Terms, our Privacy Policy including any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs, that we may publish which apply to your use of those specific services and state they are part of these Terms (Additional Terms) (the Terms, Privacy Policy and Additional Terms collectively shall be referred to herein as Dynamic Games’ Terms), at any time by posting the amended Dynamic Games’ Terms on or within the Service, and you agree to be bound by such revisions or modifications. Users are responsible for viewing the Dynamic Games’ Terms periodically. Your continued use of the Service after a change or modification of the Dynamic Games’ Terms has been made will constitute your acceptance of the revised Dynamic Games’ Terms. If you do not agree to Dynamic Games’ Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you use our Service, you must follow all Dynamic Games’ Terms that may apply. If you access the Service from a social network or download the Service from another platform or applications stores, such as but not limited to Facebook, Amazon, Windows Phone, Apple or Google, you must also comply with its terms of service/use as well as the Dynamic Games’ Terms.
You understand that the Service is evolving. You may be required to accept updates to the Service, and to Dynamic Games’ games which you have installed on your computer or mobile device. You acknowledge that Dynamic Games may perform these updates remotely and agree that Dynamic Games may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Dynamic Games’ games. We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or a particular game or part of the Service; terminate or suspend your license to use the Service or any part of it; modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some and all users of the Services. If that happens, Dynamic Games is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for virtual goods previously earned or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in the Dynamic Games’ Terms.
DYNAMIC GAMES MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT AND DYNAMIC GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
If you violate the Dynamic Games’ Terms or any of the terms of other applications stores and platforms (such as but not limited to Facebook, Amazon, Windows Phone, Apple or Google), Dynamic Games may take action against you and reserves the right to issue you a warning regarding the violation or immediately terminate or permanently suspend any or all accounts you have created using the Service. You agree that Dynamic Games does not have to provide you any notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion by itself or by any legal representative thereof. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY DYNAMIC GAMES GAME IS A VIOLATION OF DYNAMIC GAMES POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
To access or play our games you must create an account with Dynamic Games (an Account). You may access the Services via the website, your account in a social network, like Facebook, or, if you are using our mobile Service, an account with the company that provides your mobile applications, like an Apple account. You may need to update third party software from time to time to receive the Service and/or updates and play Dynamic Games’ games. During the process of creating an Account to access the Service, you may be required to select a password or to allow us to access your account information from a social network service (Login Information). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
- You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Dynamic Games will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;
- 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 Login Information or unauthorized access to your Account, you must immediately notify Dynamic Games and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you and ensure that you "log off" or exit from your Account (if applicable) at the end of each session;
- You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.
- You undertake to monitor your Account to restrict use by minors, and you will deny access to persons under the age of 21. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example PayPal) by minors.
- You shall not have more than one Account per platform or social network, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself.
- You shall not create an Account or use the Service if you are a convicted sex offender.
- You shall not have an Account or use the Service if you have previously been removed by Dynamic Games or previously been banned from playing any Dynamic Games game.
- You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
- You must provide the equipment (computer, mobile device, tablet, etc.) necessary to connect to the Service. You are responsible to pay any fees, including Internet connection or mobile fees, or for data or cellular usage to download and use the Service.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Dynamic Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third partys’ rights.
You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile picture.
Any personal information you provide to us when creating or updating your Account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with Dynamic Games’ Privacy Policy (as further detailed below), Additional Terms and any applicable laws. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.
You may stop using the Service at any time and may request that we stop making active use of your data at any time by following the instructions in the Privacy Policy. Unless the local law where you are located requires otherwise, we are not required to provide refunds, benefits or other compensation if you request deletion of your Account.
License
Subject to your agreement and continuing compliance with the Dynamic Games’ Terms, Dynamic Games grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Service using a Dynamic Games supported web browser or mobile device. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. The Dynamic Games’ Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. You hereby acknowledge that your license to use the Service is limited by the Dynamic Games’ Terms, and, if you violate or if, at any point, you do not agree to any of the Dynamic Games’ Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service 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 Service, and must refrain from using the Service.
Account Termination
Without limiting any other remedies, Dynamic Games may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Dynamic Games’ Terms, illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), Dynamic Games’ games, or Dynamic Games’ intellectual property as determined by Dynamic Games in its sole discretion. You may lose your user name, password and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of Dynamic Games for any damage that may result from the foregoing, and Dynamic Games is under no obligation to compensate you for any such losses or results. If you have more than one Account, Dynamic Games may terminate all of your Accounts.
In addition to the foregoing, Dynamic Games may selectively remove, revoke or garnishee Benefits associated with your Account. "Benefits" mean any benefits, privileges, items, licensed rights granted, earned, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.
You acknowledge that Dynamic Games is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing Benefits associated with your Account. In the event that Dynamic Games terminates your Account, you may not participate in any of the Services again without Dynamic Games’ express permission. Dynamic Games reserves the right to refuse to keep Accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at:
support@DynamicGames.net or submit a ticket via the applicable support channel of the game.
WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.
Account Deletion Request
If you want us to delete your account please follow the steps below:
- Launch the application.
- Click on the Main Menu icon, located at the top-left corner of the screen and represented by an orange button.
- Scroll through the menu and select "Delete My Account."
- A confirmation window will appear. Confirm your decision by clicking on "Delete Account."
- This action will automatically open your email app, with an email already composed with the required information to identify your account and handle your request.
- Send the email to complete the process.
- Your account deletion request will be processed within 30 days.
User Content
You agree that any content published by you through the Service is done so through the use of technology and tools provided by Dynamic Games. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that the publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Dynamic Games. You grant Dynamic Games the right to act as an agent on your behalf as the Services operator.
Any communications, messages, posts, comments, chats, images, sounds, and all the material, data, text, graphics, photographs, videos, location information, or any other content, and their selection and arrangement, uploaded or transmitted through a Dynamic Games game, or any other Communication Channel (as defined below) of the Service by any user, including, but not limited to, your name, profile picture, voice, likeness, biographical information and game records ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Dynamic Games (as further detailed below). Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload, post or otherwise transmit via the Service. Dynamic Games shall not bear any responsibility for any of the abovementioned content, and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
You hereby grant Dynamic Games and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use of the User Content you may submit. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). The license you grant us to use User Content (except any content you submit in response to Dynamic Games promotions and competitions or any other content specifically solicited by Dynamic Games ) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Dynamic Games in accordance with its Privacy Policy. You also agree that the User Content shall not include any indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy. Further, the User Content shall not include any of the following:
- Comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
- Comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
- Comments or other materials that harass or advocate the harassment of another person;
- Comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
- Comments or other materials that are false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous; or
- Comments or other materials that infringe any party's trademark, trade secret, copyright or other proprietary rights.
You acknowledge that we are not responsible for any User Content posted in connection any portion of the Services. We are merely providing access to the Services and User Content as a service to our users to be used in accordance with these Terms. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Services and in taking any actions based upon such User Content. Accordingly, you will bear all risks associated with any such User Content that you access or use.
Dynamic Games may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Dynamic Games 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.
Dynamic Games reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever and we may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. You hereby agree that, to the maximum extent permitted by applicable law, Dynamic Games 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 effect such removal other than under applicable law.
If you are aware of any User Content posted in connection with the Services which violates the Dynamic Games’ Terms, please contact us at
support@DynamicGames.net or submit a ticket via the applicable support channel of the game. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Notices". Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the application or remove specific User Content.
Communication Channels
The Service may provide communication channels such as but not limited to fan pages, forums, blogs communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users and post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics. Dynamic Games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Dynamic Games shall have no responsibility to evaluate or use any ideas or information you may choose to submit and such data shall be treated as non-confidential and non-proprietary. Dynamic Games 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. Dynamic Games 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 Dynamic Games , and these communications should not be considered reviewed or approved by Dynamic Games . You will be solely responsible for your activities within the Communication Channels and under no circumstances will Dynamic Games be liable for any activity within the Communication Channels. You agree that Dynamic Games may use, sell, exploit and disclose the comments, feedback, suggestions, concepts, ideas, know-how or techniques contained in any communications you provide in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. 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. Dynamic Games is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users, including without limitations, members misuse or misappropriation of any content or information you post in any Communication Channels. If you become aware of misuse of the Service by any person, please contact us at
support@DynamicGames.net or submit a ticket via the applicable support channel of the game. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Dynamic Games , including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access and disclosure.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Dynamic Games’ games. Dynamic Games reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release and hereby agree to indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
In order to encourage users to succeed in our game, we may publish data relating to the most successful users 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 game.
Virtual Currencies and Goods
There is never any requirement to make any purchase of any kind to use the Service. The Service may include an opportunity to earn or purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses or chips all for use in the Service ("Coins") or virtual in-game items or collections (together with the Coins, Virtual Items ).. A certain number of Coins will be made available to you to collect when you log into the Service at recurring time intervals. If you exhaust your supply of Coins, you may elect to purchase additional Coins and continue to play the games through the Service or you may wait until additional free Coins are available to you. Coins and other Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out in greater detail below.
If you wish to purchase Coins or other Virtual Items you will be required to pay a fee using real world money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for real world money, goods, or any other item of monetary value from Dynamic Games or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any Dynamic Games game, whether earned in a game or purchased from Dynamic Games, or any other attributes associated with an Account or stored on the Service. Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in Dynamic Games’ sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside the Service, or attempt to sell, give or trade in the "real world" anything that appears or originates in the Service unless otherwise expressly authorized by Dynamic Games in writing. We won’t recognize those transfers as legitimate. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Dynamic Games’ written permission. Doing so is a violation of these Terms and may result in termination of your Account and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicense able license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. Dynamic Games retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and Dynamic Games shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, Dynamic Games may selectively remove or revoke Virtual Items associated with your Account upon its sole discretion.
Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. Dynamic Games does not recognize any purchases or transfers made outside of the Service on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the game. We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason or revise the pricing for the Virtual Items at any time. You can get a limited license to Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. Virtual Items purchased in our games on other applications stores or platforms such as but not limited to Facebook, Apple iOS, or Android will be subject to those platforms payment terms and conditions. Dynamic Games does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms terms of service for additional information. Your order for Virtual Items will represent an offer to us to obtain a limited license for the relevant service(s) or virtual in-game item(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card or other account through which you paid, whichever comes first. Your limited license to Virtual Items for use in Dynamic Games’ games is a service provided by Dynamic Games that starts when we accept your payment or redemption of third party virtual currency. When you get a limited license to use Virtual Items, they will reside in your Account until discharged through use of the Service or otherwise surrendered as a result of termination of the Services in accordance with these Terms. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an Account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final. If your Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to our payment policy. Other than charges to your Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method. You acknowledge that Dynamic Games is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused virtual items when an Account is closed, whether such closure was voluntary or involuntary, or whether you made a payment through Dynamic Games.net, applications stores or another platform such as but not limited to Apple, Google, Facebook, or any other sites or platforms where we offer our Services. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, in Dynamic Games’ sole and absolute discretion, or if the Services are no longer available. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your Account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Services and to be bound by the Dynamic Games’ Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Dynamic Games’ Terms.
You undertake that you shall not defraud, or attempt to defraud, Dynamic Games or other users, and that you shall not act in bad faith in your use of the Service. If Dynamic Games determines that you do act in bad faith in violation of the Dynamic Games’ Terms, or if Dynamic Games determines that your actions fall outside of reasonable community standards, Dynamic Games may, at its sole discretion, terminate your Account and prohibit you from using the Service.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules and Infractions Terms. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
- Create an Account or access the Service if you are under the age of 21;
- Upload, post, transmit or otherwise disseminate material or information that is vulgar, violent, indecent, obscene, pornographic, sexual contains nudity, excessive violence or that is, in a reasonable person's view, otherwise offensive or objectionable subject matter or that contains a link to such content;
- Libel, ridicule, defame, mock, disparage, stalk, intimidate, threaten, harass, harm, advocate, incite harassment, or abuse another person, group, Dynamic Games’ employees, including Dynamic Games’ customer service representatives, hatefully, racially, religiously, ethnically or in any other manner;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Advertise, solicit or transmit any commercial advertisements or unauthorized communications through the Service, including chain letters, junk e-mail or repetitive messages (spim or spam) and any materials that promote malware, spyware and downloadable items to anyone;
- 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 Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Create false personas, multiple identities, multiple user accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate the Dynamic Games’ Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
- Attempt to obtain or reveal passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, financial information or any information that may be sued to track, contact or impersonate another individual, including without limitation, other users and Dynamic Games’ employees;
- Upload or transmit (or attempt to upload or to transmit), without Dynamic Games’ express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");
- Improperly use support channels to make false reports to Dynamic Games or using profane and abusive language in your communications with our support personnel;
- Use the Service in order to design, assist, develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, hacks, mods or any other unauthorized third party software designed to allow the user to cheat or obtain an unintended advantage while using the Services or modify or interfere with the Service or any Dynamic Games game experience, including, without limitation, enabling unauthorized activity related to Users balances;
- Exploit, distribute or publicly inform other members of any game error, miscue, bug or technical malfunction which gives an unintended advantage, including but not limited to accessing one time promotions more than once;
- Deal with Virtual Items in a manner that violates these Terms, including transferring Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Rent, lease, sell, trade, gift, bequeath or otherwise transfer or share your Account to anyone without Dynamic Games’ written permission;
- Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Dynamic Games’ written permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Use the Service, intentionally or unintentionally, in connection with any violation of any applicable laws or regulations, or encourage or promote the violation of any applicable law or regulation or any illegal activity including, but not limited to, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
- Attempt to use the Service on or through any service that is not authorized by Dynamic Games . Any such use is at your own risk and may subject you to additional or different terms. Dynamic Games takes no responsibility for your use of the Service through any service that is not authorized by it;
- Collect, harvest, post or communicate any person's real-world personal information or private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service;
- Interfere with the ability of others to enjoy using the Service or any Dynamic Games game, including disrupt, overburden, assist or aid in the disruption or overburdening of any computer or server used to offer or support the Service or any Dynamic Games game environment, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users;
- Engage in any act that Dynamic Games deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating the Dynamic Games’ Terms, our game rules, game mechanics or policies;
- Without Dynamic Games’ express written consent, modify or cause to be modified any files, codes, or any other component which is part of the Service;
- Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other persons use or enjoyment of the Service;
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Dynamic Games , including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
- Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
- Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
- Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Dynamic Games game characters, elements, or environment. Dynamic Games may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures we employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (ii) any connection using programs, tools, or software not expressly approved by Dynamic Games ;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Dynamic Games ;
- Copy, modify or distribute rights or content from any Dynamic Games site or game, or Dynamic Games’ copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms;
- Solicit or attempt to solicit personal information from other users of the Service;
- 36. Use of capital letters and spamming (continuous posting of repetitive text) that interferes with any partys uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service and User Content; or
- Copy or adapt the Services software including but not limited to PHP, HTML, JavaScript or other code.
- Use any automatic machine to operate Dynamic Games Client Software or use any other Dynamic Games software, other than the Dynamic Games Client Software.
- Use the Dynamic Games Server API with any software other than the Dynamic Games Client Software.
- Any use of the Service in violation of these Rules of Conduct and Usage is strictly prohibited, can result in the immediate revocation of your limited license granted hereunder and termination of your Account; and may subject you to any criminal and financial liability for violation of criminal and civil laws.
INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all artwork, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, or identified third parties. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
ACCESS AND USE
A. Our Services are provided for your personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of our mobile Application is limited to the relevant device and/or operating system you are using at the time you purchase a license to use the Application. B. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content. C. Furthermore, except as expressly permitted in these Terms of Use, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content; (ii) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content; (iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission; (iv) collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses; (v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval; (vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same; (vii) decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services; (viii) use network-monitoring software to determine architecture of or extract usage data from our Services; (ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below)); (x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or (xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services. D. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
SERVICE CONTENT & THIRD PARTY LINKS
A. We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content. B. In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities C. Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
INDEMNIFICATION
You agree to indemnify and hold harmless Dynamic Games and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
DISCLAIMER OF WARRANTIES
A. YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, DYNAMIC GAMES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
LIMITATION ON LIABILITY
A. UNDER NO CIRCUMSTANCES SHALL DYNAMIC GAMES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY USING OUR SERVICES. B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF Dynamic Games AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY Dynamic Games DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
TERMINATION
A. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Dynamic Games is not liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services. B. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled “MISCELLANEOUS”.
COPYRIGHT POLICY
A. We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity. B. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: DYNAMIC GAMES LTD. 4 Gershon Shatz st., Tel Aviv, Israel, 6701738 C. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of Israel without regard to its conflict of laws rules. Any legal proceedings against Dynamic Games that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state court of Israel and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
DISPUTE RESOLUTION & MANDATORY ARBITRATION
A. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us. B. If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration. C. We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (
www.jamsadr.com) or by calling JAMS at 949-224-1810. D. We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction. E. Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and Dynamic Games, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
AMENDMENT; ADDITIONAL TERMS
A. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. B. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Membership
MISCELLANEOUS
A. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. B. Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. C. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. D. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
DYNAMIC GAMES LTD. 4 Gershon Shatz st., Tel Aviv, Israel, 6701738. If you have any questions or concerns about our Terms of Use, please contact us at:
support@dynamicgames.net