INTRODUCTION AND ACCEPTANCE
Dynamic
Games Ltd. (“Dynamic Games”, “we”, “us” and “our”) offers you access to
its interactive online websites, applications and services. These Additional Terms
of Use apply to Coin Pusher: Treasure Quest application and its services, govern your use of our websites (“Website”) or any of our
widgets – together, our “Service”
or “Services”. Our Services include all other locations on which we place these Additional 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. 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 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 your access to the Service. You agree that Dynamic
Games does not have to provide you any notice before terminating or
suspending your access to the Service, 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 do not need to create an account with Dynamic Games. You may need to update third party
software from time to time to receive the Service and/or updates and
play Dynamic Games’ games. The following rules govern the security of your use of the Service:
- 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
access to the Service, you must
immediately notify Dynamic Games;
- You are responsible for anything
that happens through your use of the Service, whether or not such actions were
taken by you. You therefore acknowledge that your access to the Service 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 use of the Service 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 use the Service using a false identity
or information, or on behalf of someone other than yourself.
- You shall not use the Service if you are a convicted sex offender.
- You
shall not have 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.
Any personal information
you provide to us when using the Service 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.
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.
Termination of access to the Service
Without
limiting any other remedies, Dynamic Games may refuse access to the
Service or may limit, suspend, delete or terminate your access to the Service without notice for any reason, including, but not limited to, a
suspected violation of the Dynamic Games’ Terms, illegal or improper use
of the Service, 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 game progress and all related
information and files associated with your access to the Service, as a result of
access 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.
In addition to the
foregoing, Dynamic Games may selectively remove, revoke or garnishee
Benefits associated with your access to the Service. "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 access to the Service,
or a particular subscription for the Service, is terminated, suspended and/or if any Benefits are selectively
removed, revoked or garnisheed from you, 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 Benefits associated with your access to the particular
Service.
You acknowledge that Dynamic Games
is not required to provide you notice before suspending or terminating
your access to the Service or selectively removing, revoking or garnisheeing Benefits
associated with your access to the Service. In the event that Dynamic Games terminates
your access to the Service, you may not participate in any of the Services again
without Dynamic Games’ express permission. Dynamic Games reserves the
right to refuse to provide access to the Service
or other services to, any individual. If you
believe that any action has been taken against your access the Service in error,
please contact us at:
support@DynamicGames.net or submit a ticket via the applicable support channel of the game.
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 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 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 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 access to the Service 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 access to the Service 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 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 device 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 the Service as 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 access to the Service 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 access to the Service 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 access to the Service is
terminated or suspended for any reason, in Dynamic Games’ sole and
absolute discretion, or if the Services are no longer available. If your access to the Service, or a particular subscription for the Service, is terminated, suspended and/or if any Virtual Items are
selectively removed or revoked, 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
access to the Service 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:
- 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);
- 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
access to the Service to anyone 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, 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 access to the Service; 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