Terms | Casual Plus Arcade G

These Terms of Use (these "Terms" or “Agreement”) shall govern your ("You" or "Your") access and use of the our mobile application distributed through the applicable mobile application store (the "App") including any features and services provided through the App. By using or accessing the App you agree to be bound by these Terms and by the Privacy Policy which constitutes an integral part of these Terms by way of reference and which we urge you to read. Unless the context otherwise requires, all reference herein to these Terms, shall also include the Privacy Policy.

If you violate these Terms, we reserve the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the App. You agree that we do not need to provide you notice before terminating or suspending your use of the App, but it may provide such notice in its sole discretion.

1. TERMS OF AGREEMENT

Terms of Agreement. Our offer to allow you to use and access our Service (as we may choose to provide from time to time) is expressly conditioned upon your full and unconditional agreement to all of the terms and conditions set forth in this Agreement. By accessing or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety, including any policies, guidelines, or rules that may be incorporated herein by reference. In order to access certain features, functionalities, or specific Services, you may be presented with “just-in-time” notices or otherwise notified that you are required to agree to additional terms and conditions applicable to such Services in which you choose to participate. If you do not agree to these additional terms and conditions, you should not access or use those specific Services. All such additional terms and conditions, including but not limited to the Rules of Conduct, are hereby incorporated into this Agreement by reference and shall be considered an integral part of this Agreement. Your continued use of the Services, including any updates, modifications, or enhancements, constitutes your ongoing agreement to all such terms and conditions. You acknowledge and agree that it is your responsibility to review this Agreement and any incorporated terms regularly to ensure your continued compliance. Failure to comply with any of the terms and conditions herein may result in suspension or termination of your access to the Services, at our sole discretion. If you do not agree to be bound by this Agreement and all applicable terms, you must immediately discontinue use of the Services.

General. By downloading, installing, or using our App, you expressly accept and agree to be bound by this Agreement and our Privacy Policy, which together govern your relationship with us regarding your use of the App and related Services. These documents constitute the entire and exclusive agreement between you and us with respect to your use of the App, superseding any prior agreements or understandings, whether written or oral. Each time you download, install, or access one of our Apps on your device, a new Agreement is formed, and its terms will apply to your use of that specific App. By using or otherwise accessing the Services, you reaffirm your acceptance of the Agreement and the Privacy Policy. If you do not agree to the terms of this Agreement or our Privacy Policy, you may not use, access, or continue to use the Services. Please note that application stores and platforms (such as Apple App Store or Google Play) may provide their own terms and conditions that apply to your relationship with those app stores and platforms, and it is your responsibility to review and comply with such terms. You further represent and warrant that you are accessing and using our Apps solely as a private individual for personal, non-commercial purposes. Any commercial, business, or unauthorized use of our Apps is strictly prohibited and may result in immediate termination of your access to the Services. You are solely responsible for ensuring that your use of the App complies with all applicable laws, rules, and regulations.

Amendments. We reserve the right, at our sole discretion, to amend, update, modify, or correct this Agreement (including any additional terms and conditions applicable to any specific Services) at any time. Such amendments may be made by posting the revised Agreement within the Services, on our website, or by providing notice through other reasonable means. Amendments to the Agreement will become effective immediately upon posting, unless otherwise specified in the amended Agreement. However, any amendments will not apply retroactively to disputes or claims of which we have received actual notice prior to the effective date of the amended Agreement. Your continued use of the Services after the amended Agreement becomes effective constitutes your acceptance of and agreement to the amended terms. We encourage you to review this Agreement regularly, as it may be updated from time to time, to ensure that you are aware of any changes. If at any time you do not agree to the amended Agreement, you must immediately discontinue your use of and access to the Services. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any aspect of the Services or for any amendments to this Agreement.

Age Restriction. The App and related Services are intended solely for users who are at least sixteen (16) years of age. By accessing, downloading, or using the App, you represent and warrant that you are at least sixteen (16) years old and possess the legal capacity and authority to enter into this Agreement. If you are under the age of sixteen (16), you are strictly prohibited from using the App or any of its Services, and you must not attempt to register for or access the App in any manner. We reserve the right, at our sole discretion, to terminate your account, suspend your access, or take any other appropriate action if we have reason to believe that you are under the age of sixteen (16) or have otherwise misrepresented your age or eligibility. We do not knowingly collect, solicit, or maintain personal information from children under the age of sixteen (16). If we become aware that we have inadvertently collected personal information from a child under the age of sixteen (16), we will take prompt steps to delete such information from our records as soon as reasonably practicable. If you are a parent or guardian and believe that your child under the age of sixteen (16) has provided us with personal information, please contact us immediately so that we can take appropriate action. By using the App, you acknowledge and agree to comply with this age restriction and to provide accurate information regarding your age and eligibility.

2. SERVICES

Our App offers a range of functionalities, features, and content (collectively referred to as the “Services”). Access to the Services is dependent on the availability of an active internet connection, and any interruption or lack of connectivity may prevent you from using some or all of the Services. We reserve the right, at our sole discretion and subject to these Terms, to determine, modify, or discontinue any aspect of the Services at any time. This includes, but is not limited to, the features, settings, pricing, and tools that are made available as part of the Services. We may correct, amend, update, upgrade, improve, remove, replace, or otherwise change any features or functionalities of the Services, with or without notice to you. While we strive to make the App accessible at all times and from any location, we do not guarantee uninterrupted or error-free access to the App or the Services. We may, at any time and without prior notice, impose limits on certain features, restrict your access to parts or all of the Services, or suspend or terminate your access entirely. You acknowledge and agree that we shall not be liable for any unavailability, modification, suspension, or discontinuance of the Services, or for any loss or damage that may result therefrom.

3. END-USER LICENSE AGREEMENT

License. Subject to your full and ongoing compliance with the terms and conditions of this Agreement, we hereby grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the copyright-protected or otherwise legally protected materials and content provided as part of the Service. This license is granted solely for your individual, non-commercial entertainment purposes and does not permit any commercial use, redistribution, or exploitation of the Service or its content. You may use the Service and its materials only as expressly authorized in this Agreement, and any rights not expressly granted herein are reserved by us and our licensors. This license does not convey any ownership rights in the Service or its content, and all rights, title, and interest in and to the Service remain with us or our licensors. Your use of the Service must at all times comply with all applicable laws, rules, and regulations, as well as any additional terms or policies referenced in this Agreement. We reserve the right to suspend, revoke, or terminate your license and access to the Service at any time, with or without notice, if we determine, in our sole discretion, that you have violated this Agreement or engaged in any unauthorized or prohibited activities. Furthermore, you acknowledge and agree that updates, upgrades, enhancements, or modifications to the Service may be provided from time to time, and your continued use of the Service is conditioned upon your acceptance of any additional terms or amendments that may accompany such changes.

Certain Restrictions. The rights granted to you under this Agreement are subject to the following strict limitations and restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service or any part thereof, whether in whole or in part; (b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Service, except to the extent that such activities are expressly permitted by applicable law notwithstanding this limitation; (c) You shall not access or use the Service for the purpose of building or supporting a similar or competitive service, application, or product; (d) Except as expressly permitted in this Agreement, you shall not copy, reproduce, distribute, republish, download, display, post, transmit, or otherwise make available any part of the Service or its content in any form or by any means; (e) You shall not remove, alter, obscure, or destroy any copyright notices, trademarks, or other proprietary markings or legends contained on or in the Service or any materials accessed through the Service; and (f) You shall not use any automated means, including bots, crawlers, or scrapers, to access, collect, or harvest information from the Service, nor shall you attempt to circumvent any security measures or access controls implemented by us. Any future release, update, upgrade, or other addition to the functionality or content of the Service shall be governed by the terms of this Agreement unless otherwise provided in additional terms accompanying such release. All copyright and other proprietary notices on any content from the App must be retained and displayed on any authorized copies you make. Any unauthorized use, reproduction, or distribution of the Service or its content is strictly prohibited and may result in civil or criminal liability.

Ownership. You acknowledge and agree that all copyright-protected or otherwise legally protected materials and content provided as part of the Service are licensed to you, not sold, and that your rights to use such materials are limited to those expressly granted by this Agreement. We, together with our licensors where applicable, retain all right, title, and interest in and to the Service and all of its components, including but not limited to the App, 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, character profile information, accounts, virtual currency, virtual items, and any other material produced by us or made available to you through the App. All related intellectual property rights, including copyrights, trademarks, trade secrets, and other proprietary rights, are and shall remain the sole property of us and our licensors. Nothing in this Agreement or your use of the Service shall be construed as granting you any ownership rights or interests in or to the Service, its content, or any intellectual property associated therewith. Any rights not expressly granted to you herein are reserved by us and our licensors. You further agree not to challenge, contest, or otherwise interfere with our ownership of, or rights in, the Service or any of its content.

4. COPYRIGHT

All copyrights, trademarks, and other proprietary rights in and to the Service including, but not limited to, the software, services, text, graphics, logos, and any other materials or content provided are and shall remain the exclusive property of us or our licensors, except as expressly stated otherwise in this clause. You acknowledge and agree that you are not granted any ownership rights or interests in any part of the Service or its content, and your use is limited to the rights expressly provided in this Agreement. You may not copy, reproduce, republish, modify, download, distribute, license, sublicense, reverse engineer, decompile, disassemble, or create derivative works based on the website, its software, or its services, except as expressly permitted by this Agreement or as otherwise authorized in writing by us. Except where otherwise specifically provided, content made available on this website or through app stores may only be reproduced or distributed in its original, unmodified form for your own personal, non-commercial use. Any other use of the content including, but not limited to, commercial distribution, reproduction, modification, public display, or transmission—without our prior express written consent is strictly prohibited and may violate applicable laws. You must retain and not remove, alter, or obscure any copyright, trademark, or other proprietary notices on all copies or reproductions of the content. Any unauthorized use of the Service or its content may result in termination of your access and may subject you to civil and/or criminal liability.

5. THIRD-PARTY PARTNERS

Third-Party Services and Content. The App may integrate, or be provided in connection with third-party services, advertising, and/or content. If you are installing the App, third party services and third party content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. The App may provide access or links to Third Party Partner websites or resources. We have no control over such websites and resources, and you acknowledge and agree that we is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. We will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.

Access to Third-Party Services and Content through the Apps. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through an the App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an the App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances we will be liable in any way for any Content created by or originating with entities other than our own, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a the App.

6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION

AS-IS. You acknowledge and agree that your use of the App and Services is entirely at your own risk. The App and Services are provided to you strictly on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. You are solely responsible for any decisions, actions, or omissions you make in connection with or reliance upon the App and Services. To the maximum extent permitted by applicable law, we, along with our officers, directors, employees, agents, affiliates, and licensors, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, usefulness, authority, accuracy, completeness, reliability, and timeliness. We do not warrant that the App or Services will meet your requirements, be uninterrupted, secure, error-free, or that any defects or inaccuracies will be corrected. No information or advice, whether oral or written, obtained by you from us or through the App or Services, shall create any warranty not expressly stated in this Agreement.

No Liability. To the maximum extent permitted by applicable law, we expressly disclaim and assume no liability or responsibility for any of the following: (a) errors, inaccuracies, omissions, non-suitability, or non-conformity of any content made available through the App or Services; (b) any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including but not limited to personal injury, property damage, loss of profits, loss of data, or any other monetary or non-monetary damages, arising out of or in connection with your access to, use of, or inability to use the App or Services; (c) any unauthorized access to or use of third party partners, secure servers, and/or any and all personal information or financial information stored therein; (d) any interruption, suspension, delay, or cessation of transmission to or from the App or Services; (e) any bugs, viruses, Trojan horses, malware, or other harmful code that may be transmitted to or through the App or Services by any third party; (f) any results, outcomes, or consequences that may be obtained from the use of the App or Services; (g) the quality, accuracy, completeness, reliability, or usefulness of any information or other material obtained by you through the App or Services; (h) any content published, displayed, suggested, or otherwise made available through the App or Services, including its integrity, accuracy, and reliability; and (i) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the App or Services. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS, OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE APP, SERVICES, OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE APP OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE ENTIRE RISK OF HARM OR DAMAGE ARISING FROM OR ASSOCIATED WITH THE FOREGOING RESTS SOLELY WITH YOU. IF, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM YOUR USE OF THE APP OR SERVICES, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND SHALL NOT EXCEED THE GREATER OF (I) US $100 OR (II) THE AMOUNT YOU HAVE PAID TO US FOR THE APP OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification. You agree to indemnify, defend, and hold harmless us, our affiliates, and each of our and their respective directors, officers, employees, agents, contractors, partners, licensors, and service providers from and against any and all losses, liabilities, claims, demands, damages, costs, and expenses (including reasonable attorneys' fees and costs), arising out of or in connection with: (a) your use of, or access to, the App or Services; (b) the use of or access to the App or Services by any person acting on your behalf or using your account; (c) your violation or alleged violation of any term of this Agreement; (d) your violation or alleged violation of any applicable law, regulation, or the rights of any third party, including without limitation any copyright, property, privacy, or intellectual property right; (e) any user submission or content provided by you that causes damage to, or infringes the rights of, any third party; and (f) any other act or omission by you in connection with your use of the App or Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any matter without our prior written consent. This indemnification obligation will survive the termination or expiration of this Agreement and your use of the App and Services.

Exemptions. Certain jurisdictions do not allow the exclusion or limitation of certain warranties, liabilities, or damages. If any applicable law does not permit the exclusion or limitation of some or all of the above disclaimers, exclusions, or limitations of liability, then such disclaimers, exclusions, or limitations shall apply to you only to the maximum extent permitted by law. You may also have additional rights under applicable law that are not affected by this Agreement.

7. TERMINATION

Your rights under this Agreement will terminate immediately and automatically without any notice from us if you fail to comply with any of the terms and conditions of this Agreement. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use of the App at any time. Further, we, with or without any reason, may at any time suspend or terminate any license hereunder and disable the App or any of its component features. You agree that we shall not be liable to you or any third-party for any termination or disabling of the App. Promptly upon expiration or termination of this Agreement, you must cease all use of the App and destroy all copies of App in your possession or control. Termination will not limit any of our other rights or remedies at law or in equity.

8. JURISDICTIONAL ISSUES

Governing Law. This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement, your use or inability to use the App, or any related matters, shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law that would result in the application of the laws of another jurisdiction. You expressly agree and irrevocably submit to the exclusive jurisdiction and venue of the competent courts located in Israel for the resolution of any such disputes or claims. You further agree that any cause of action or claim you may have arising out of or relating to the App or this Agreement must be commenced within three (3) years after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. Nothing in this section shall limit our right to seek injunctive or equitable relief in any jurisdiction as necessary to protect our rights or interests.

No Waiver; Severability. No waiver by us of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure or delay by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.