Terms Of Service
Terms of Use
Introduction
Welcome to come2play.com (the “Site”). The Site offers games, activities and services. Please read the following Terms of Use (the “Terms of Use”) carefully before using this Site, so that you are aware of your legal rights and obligations with respect to Come2Play Ltd. and its affiliates and subsidiaries (individually and collectively, the “Company” or “Site Owner”).
By using the Site and any services and/or products provided on the Site, you signify your irrevocable acceptance of these Terms of Use. The Company has the right to revise these Terms of Use at any time without providing notice to its users. Your continued use of the Site and/or any services and/or products provided on the Site shall be deemed irrevocable acceptance of those revisions.
The Company reserves the right to change, modify, suspend or discontinue any portion of the Site at any time. The Company may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and the Company, the Site and any materials included therein are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, the Company does not warrant that the functions contained in the Site or available through the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not the Company) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any special or consequential damages that result from the use of, or the inability to use, the Site or any service provided therein, even if the Company or a Company authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from the Company or from or through the Site shall create any warranty not expressly stated in these Terms of Use. Notwithstanding the provisions of any applicable laws, it is hereby agreed that in no event shall the Company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials, services or products.
Web Site
Services
The Company makes available through the Site various services, including the following:
- Development – subject to these Terms of Use, you may download a Company Software (as defined hereinafter) application through which you may develop and upload to the Site games created by you (the “Development Service”). Such games will be considered User Material (as defined hereinafter) and will be subject to all terms and conditions provided herein. For the avoidance of any doubt, it is hereby clarified that you shall not be entitled to any payment, compensation or consideration for any game developed by you and uploaded to the Site. The Company reserves the right to embed in any game developed and uploaded to the Site by you such advertisements as it deems fit.
- Publishing – as an independent site owner, you may embed a branded, multi-player games channel from the Site in your site (the “Publishing Service”). Customization of such channel is available through the Site and any information provided therein shall be subject to these Terms of Use and the Company’s Privacy Policy. The Publishing Service is provided free of charge should you choose to allow Company to stream advertisements to your channel. You may choose the paid Publishing Service, in which you pay the Company for using the Publishing Service ads-free. The fees and any payment terms and conditions are detailed in the Publishing Service order form.
- Advertising – just like the Development Services, you may develop and upload to the Site games, but under this advertising service, you may have the games developed and uploaded by you branded with your own brand, product, service, company logo etc., subject to your payment for the service (the “Advertising Service”). The fees and any payment terms and conditions are detailed in the Advertising Service order form.
Links
The Company may provide links to other sites that it feels are relevant and interesting to its users (“Link Sites”). The Company is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
The Company may provide through the Site information and/or services provided by third parties. Such third party’s information may be in languages other than English. The Company shall not be held responsible for such third party’s information, its accuracy, the third party’s ownership of such information or otherwise. Your use of any such information is at your own responsibility and the Company shall not be liable for any damages caused by using such information, nor shall the Company be liable for any third party proprietary rights infringement by such information.
Online Behavior
Please exercise respect when participating in any of the Company’s community features such as Feedback forms, Forums, Bulletin Boards, Chat Rooms, Email functions, etc. (“User Materials”). You may not submit or publish through the Company and/or the Site any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party, as further detailed hereinbelow. Furthermore, you may not submit or publish User Materials through the Company and/or the Site that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
Notwithstanding any rights or obligations governed by these Terms of Use, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant the Company a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, the Company and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials.
Notification of Copyright Infringement
The Company will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify the Company.
Company Software
Some games and/or services on the Site or available through the Site (such as development, publishing and/or advertising on or through the Site) may require that you download software from the Site onto your computer (“Company’s Software”). The Company grants to you a non-exclusive, limited license to use the Company’s Software to play games on the Site and/or use other services as detailed in the applicable sections of the Site and subject to additional agreements between you and the Company. To the extent permitted under applicable law, you may not sub-license, or charge others to use or access the Company’s Software. To the extent permitted under applicable law, you may not use the Company’s Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Company’s Software. You may not modify the Company’s Software or use it in any way not expressly authorized in writing by the Company. You understand that the Company’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by the Company may vary depending on your computer and other equipment.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER THE COMPANY NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE COMPANY’S SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
Proprietary Rights; Copyrights and Trademarks.
The Content available on the Site is owned by the Company or its licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from the Site unless we have expressly authorized you to do so. For the purpose of these Terms of Use, “Content” shall mean any software, communications, images, sounds, and all the material and information you see on the Site.
You must have the legal right to upload any User Materials to the Site before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on the Site, unless the Company expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on the Site can lead to the termination of the Company’s service to you and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
The Company respects the intellectual property rights of others. You may not upload or post on the Site any User Material protected by copyright, trademark or other intellectual property rights (the “Intellectual Property Rights”) unless (i) you are the owner of the Intellectual Property Rights; or (ii) you have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable User Material. The Company may, without prior notice to you, remove from the Site any User Material that the Company in its sole business judgment believes may infringe the Intellectual Property Rights of a third party. If you are a repeat infringer of a third party’s Intellectual Property Rights, the Company may immediately terminate the services provided to you without prior notice to you. In such event, no refund will be granted, and you will lose access to everything associated with your online account, profile and personal pages.
If you are a copyright owner and you believe that any Content posted on the Site infringes your rights, you may submit a written notification to us.
Administrative Information
Jurisdictional Issues
This Site is controlled and operated by the Company. The Company makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnity
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.
Governing Law
By accessing this Site, you and the Company agree that all matters relating to your access to, or use of, this Site 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 and You irrevocably submit to the exclusive jurisdiction of the courts of Tel Aviv – Jaffa, Israel.