Условия пользования

This agreement («Terms of Use») governs the relationship between You and Supergaming LTD duly incorporated and acting under the laws of Israel, having its registered office at Israel, Caesarea, Neot Golf, 30990 (hereinafter «Supergaming» or «Us» or «We») regarding your use of game “War Tiler” (hereinafter — the «Service» or “Game”).

BY INSTALLING, USING OR OTHERWISE ACCESS THE GAME, YOU AGREE TO TERMS OF THIS AGREEMENT, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND US. IF YOU DO NOT AGREE TO TERMS OF THIS AGREEMENT, YOU SHOULD NOT USE THE SERVICE.

 

By installing, using or otherwise access the game, you represent that you are age 13 or older. If you access the Service from a Social Networking Site («SNS»), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Use.

 

We reserve the right, at our own discretion, to change, modify, add, remove or replace this Agreement in whole or in part. All listed changes will be effective upon Our posting of such updated Agreement on the Google Play/Helpshift. By continuing to use our Service, You accept all such changes. If at any point you do not agree to any portion of the then-current version of our Terms of Use, you shall immediately stop using the Service.

 

We also are entitled to terminate this Agreement with respect to you, or cease offering the Service at all or deny Your access to the Game or any its portion, at any time for any reason.

 

Supplemental terms may apply to certain Service, such as policies for a particular event or activity, and such supplemental terms will be disclosed to you in connection with the applicable Service(s) in the specific rules, policies etc. Supplemental terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Service(s). Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Service.

 

Our collection and use of Your personal data in connection with Your use of the Service is governed by our Privacy Policy located at: 

https://supergaming.helpshift.com/a/wartiler/?s=privacy-policy&f=what-is-your-privacy-policy&l=en .

 

In this Agreement, the words «including» and «include» mean «including, but not limited to.»

DESCRIPTION OF SERVICE

 

The Service constitute a Mobile Application that enables You to play the Game “War Tiler”.

 

OWNERSHIP

 

All rights, title and interest in and to the Service (including any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, character profile information) are owned by Supergaming. We reserve all rights, including all intellectual property rights or other proprietary rights, in connection with the Service.

 

Our Service are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Service may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Our prior written consent. All rights not expressly granted to you herein are reserved by Supergaming.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SUPERGAMING.

 

LICENSE

 

Subject to this agreement, Supergaming grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes.  The rights granted herein are subject to your compliance with these Terms of Use. The Game is being licensed to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned.

 

LICENSE TERM

 

The term of your licenses under these Terms of Use shall commence on the date that you accept these Terms of Use and install or otherwise use the Service and ends on the earlier date of either your disposal of the Game or Supergaming’s termination of these Terms of Use. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Service or you otherwise use the Service in breach of the terms of this Agreement.

 

YOUR USE OF SERVICE

You agree not to: (i) commercially exploit the Service; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Service, any copies thereof, or any passwords or usernames of Service, without the express prior written consent of Supergaming or as set forth in these Terms of Use; (iii) make a copy of the Service or any part thereof (other than as set forth herein); (iv) make the Service publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by these Terms of Use or by our prior written consent, use or install the Service (or permit others to do same) on a network, for online use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Service at a computer gaming center or any other location-based site; provided, that We may offer you a separate site license agreement to make the Service available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Service, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Service; (x) scrape, build databases or otherwise create permanent copies of content returned from the Service.

The Service are intended for private use only.

The Service may include measures to control access to the Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms of Use. You shall not interfere with such access control measures or attempt to disable or circumvent such security features.

We may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the Service, and to the extent that your contributions through use of the Service give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Supergaming an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. This license grant to Supergaming survives any termination of these Terms of Use.

The Service may require an internet connection to access the Game or its internet-based features, or perform other functions. In order for certain features of the Service to operate properly, you may be required to have and maintain an adequate internet connection. By using the Service, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain an adequate internet connection the Service or certain features of the Service may not operate or may cease to function properly, either in whole or in part.

You understand that the Service is an evolving one. We may require that you accept updates to the Game you have installed on your device. You acknowledge and agree that We may update the Service, with or without notifying you. You may need to update third party software from time to time in order to play the Game.

 

USER CONTENT

«User Content» means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a game client or the Service, or that other users upload or transmit, including any chat text. 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 or misleading; (b) not in violation of any 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 Supergaming in accordance with its Privacy Policy.

 

You may not use the Service to submit or link to any content which is defamatory, abusive, hateful, threatening, libelous, spam or spam-like, likely to offend, contains adult, nudity or objectionable content, contains personal information of others, or is racially, sexually, religiously, or otherwise objectionable or offensive, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You may not use cheats, hacks, mods, exploits, or any other unauthorized third-party software designed to modify or interfere with the Service. You may not use the Service to harm anyone or to cause offence to or harass any person or disrupt the Service in a way that may negatively affect others’ ability to fully enjoy the Service.

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. We 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. We shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

 

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. We may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Supergaming violates these Terms of Use.

 

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service.

If you have a dispute with one or more users, you release 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.

 

CONTENT MONITORING

We assume no responsibility for the conduct of any user submitting any User Content, and assume no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including chat text) when you are using the Service.

 

By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including chat text or voice communications.

We reserve the right in our sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time We choose, in our sole discretion, to monitor the Service, We nonetheless assume no responsibility for User Content and assume no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

 

PAYMENTS AND PURCHASES

Supergaming may license to You certain virtual goods to be used within Service. Unless otherwise specified, these virtual goods shall be deemed as an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency or by using separate activation codes. Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use under these Terms of Use. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. We may revise the pricing for the goods and services offered through the Service at any time.

 

Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. If you purchase the virtual goods by using third party virtual currency, such transaction is governed by the agreement between you and such third party and Supergaming is not a party to the transaction.

We may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. We shall have no liability to you or any third party in the event that Supergaming exercises any such rights.

 

YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THESE TERMS OF USE WAS VOLUNTARY OR INVOLUNTARY.

 

The transfer of any purchased through our Service virtual goods is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer such virtual goods to any person or entity or attempt any of the aforesaid.

 

DISCLAIMER FOR WARRANTIES

THE SERVICE IS PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SUPERGAMING DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

 

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERGAMING SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUPERGAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, SUPERGAMING SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO SUPERGAMING IN ACCORDANCE WITH THESE TERMS OF USE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO SUPERGAMING DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH SUPERGAMING IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

 

You agree to indemnify, defend and hold Supergaming (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Use, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

 

OTHER TERMS AND CONDITIONS

SEVERABILITY

 

You and Supergaming agree that if any portion of these Terms of Use or of the Supergaming Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

 

TERMINATION

These Terms of Use will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Game and all of its component parts and cease and desist from accessing the Game.

 

EQUITABLE REMEDIES

You hereby agree that if the terms of these Terms of Use are not specifically observed, Supergaming will be irreparably damaged, and therefore you agree that Supergaming shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this “Terms of Use”, in addition to any other available remedies.

 

MISCELLANEOUS

These Terms of Use represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.

 

GOVERNING LAW AND DISPUTE RESOLUTION

 

These Terms of Use will be governed by the laws of Israel without reference to its choice of law rules.

 

Any dispute, controversy or claim arising out of or relating to these Terms of Use or the breach, termination or validity thereof shall be finally settled by the respective court of Israel.

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