Last Updated: April 17, 2019

 These Terms and Conditions (“Terms”) set forth the terms according to which you (“you” or “user”) may access and use this website and any other mobile applications, games and/or any services related to games that are made available by Allinviews Ltd on the Apple App Store, Google Play App Store, Amazon App Store or on Facebook (the “Services”), developed and operated by Allinviews Ltd., a company established under the laws of Israel, with offices at: 144 Igal Alon, Tel-Aviv, 6744320, Israel (“Allinviews Ltd” or “Company” or “we” or “us”) and it constitute a legally binding agreement between you and us. We advise you to review the terms set forth herein and our Privacy Policy prior to browsing or using our Services.

 

Acceptance of These Terms: Your access or use the Services constitutes your agreement to be bound by the Terms set forth herein and our Privacy Policy. You hereby acknowledge that you have read, understood and agreed to be bound by these Terms and our Privacy Policy and to comply with all applicable laws and regulations regarding your use of the Services. Note that, these Terms are enforceable legal contract and further enforces class action waiver and arbitration provision as detailed below in the dispute resolution section below. THUS, IN THE EVENT YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS, PLEASE DO NOT ACCESS, INSTALL, VIEW OR USE THE SERVICES. If you access the Services through a Third-party platform like Apple, Google, Amazon and/or from a Social Networking Site (“SNS”) such as Facebook or Google, you are obligated to comply with the Third Parties’ terms and conditions as well as these Terms.

 

ELIGIBILITY AND AGE LIMITATION

You hereby represent and warrant that: (i) you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; (ii) in the event you are acting on behalf of a corporation you have all proper authorization to enter into these Terms; (iii) you are of appropriate age to enter into this Terms and shall not access the Services if you are under the age of 13. In case you are under the age of 18 and over the age of 13, your parent(s) or legal guardian have/has reviewed these Terms and allowed you to download our games and play them on your device or through the website subject to these Terms.

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AMENDMENTS TO THESE TERMS

We reserve the right, at our discretion, to revise or update the Terms and Our Privacy Policy at any time. Such amendments shall be effective upon publication of the amended Terms on the Website and/or Within the games. The last revision will be reflected in the “Last Modified” heading. Your continued use of the Services thereafter constitutes you consent to such changes and you agree to be bound by them, therefore we ask you to check back periodically to review the most updated Terms.

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SCOPE OF SERVICE

Our Services provides you with games and content related to games that are made available via our website and app stores including the Apple Application Store and Google Play Store, provided by our team and community of writers, developers and bloggers, created either by us (and our licensors where applicable), (“Company Content”) or by our third-party partners and other users (e.g. UGC as defined below) (“Third Party Content” and together with the “Company Content” shall be defined as the “Content”). The Content is provided solely for entertainment purpose, and in no event shall constitutes or shall be deemed to constitute a professional or expert advice. If you are considering any action based on the Content, you should make your own, independent assessment and take appropriate independent professional advice (if applicable). Unless otherwise specified by a component of the applicable Service, the Services are free to use or download but may contain features which may allow you to make purchases within the services. In addition, when you start or stop a game and during gameplay, it may display ads.

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USER GENERATED CONTENT

The user generated content ("UGC"), refers to content that is produced, submitted, uploaded or otherwise provided via any game by you and by other users as opposed to content made by us. The UGC shall include, among other images, comments, posts, texts, icons, links, opinions and feedback provided by you and by other users, including through a social network plugin available in the Services, etc. You hereby undertake and agree that the UGC uploaded by you may not violate any applicable law, including but not limited to: (a) contain hateful content, including any content that might encourage or suggest violence of any kind, racism or discriminatory (based on age, gender identity, sexual orientation, ethnic, nationality etc.); (b) contain adult and pornography content, including, any content that is sexual by its nature (e.g., images containing nudity, sexual language, etc.) or any content which contains alcohol-related or other mature content; (c) contain any content or engages in a behavior which may infringe in any way third party intellectual property, including but not limited to patents, copyrights, logos, tradenames, trademarks trade secrets etc.; (d) contain any content or engage in any activity that shall infringes the right to privacy or use of children’s images or names, or include any personal information on you or other individuals; and (e) contain any content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product.
By submitting, posting, or displaying UGC through the Services, you grant us with a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, distribute, reproduce, distribute, prepare derivative works of, display, make available to the public any part of the UGC uploaded by you in connection with including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any channel. Furthermore, you grant each user of the Services, a worldwide, non-exclusive, royalty-free license to access your UGC, to download, use, reproduce, distribute, prepare derivative works of, and display to the extent permitted by the functionality of the Service and under these Terms.
We may choose to remove, delete, and to not display any UGC submitted by you, for any or no reason, at our sole discretion. Further, if we believe, in our sole discretion, or we discover that the UGC submitted by you violates or may violate any of the aforesaid, we will have the sole and absolute right to remove, delete and band such UGC. We may also restrict your access or use of the Services. Notwithstanding the above, the Company has no obligation to monitor the UGC and the responsibility and liability with respect to the UGC and its compliance with the law is obliged on you.

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INTELLECTUAL PROPERTIES

Games provided to you are licenced to you and not sold. Except as expressly granted in these Terms, we (and our licensors where applicable), retain all right, title ownership and interest in and to the games, Services and Content (excluding UGC Content), copyrights and trademarks, product names, and trade names as well as any content provided or made available in connection with the Services and games (excluding UGC Content) to the fullest extent possible under applicable law. We reserve all rights in and to the Services and the games which are not expressly granted herein.

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COPYRIGHT POLICY

The Company operates a clear copyright policy in relation to any Content which is alleged to infringe the copyright of a third party (“Copyright Policy”). Our copyright policy incorporated the Digital Millennium Copyright Act of 1998("DMCA") and we have registered and appointed designated copyright agent (“Agent”) for copyright takedown notices. We will respond at reasonable time to claims of copyright infringement committed using the Services that are reported to Company's Agent.

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Submit a DMCA Notice

If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any Content or any part thereof has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party which you are authorized to act on its behalf, please report the alleged copyright infringements taking place on or through the Website by submitting a DMCA notice of alleged infringement (“DMCA Notice") and delivering it to Company's Agent, as detailed below.

You can submit a DMCA Notice by:

• Filling in and submitting our online DMCA Notice form available at: link, or;

• Providing the following information to our Agent:

a. Identify the copyrighted work or material that you claim has been infringed, and information reasonably sufficient to permit us to locate the material and verify its existence, including at a minimum, its location, if applicable the URL of the link(s) shown on the Services where such material may be found and screenshots. If multiple copyrighted works are covered by this DMCA Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
b. Provide your contact information – name, mailing address, telephone number, and email address.
c. Include both of the following statements in the body of the DMCA Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

"I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

d. Include a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
e. Deliver this DMCA Notice, with all items completed, to Company’s Agent:
Via email: dmca@Allinviews Ltd.com

Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the DMCA Notice. Please remember by submitting a DMCA Notice you will be initiating a legal process, hence, please do not make any false claims.

Upon receipt of a valid DMCA Notice, our policy is to remove or disable access to any content that we believe in good faith is infringing or violating the copyrights or other intellectual property rights of any third party, and to notify the alleged infringer that we have removed or disabled access to such content. In addition, in the event of UGC, the Company reserve the right to terminate the users’ access to the Services if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

What if I received a Notice of Complaint?
If you receive a notice of DMCA complaint (“Complaint”) it means that certain content that you have uploaded to the Services or otherwise provided to the Company has been removed from the Services at the request of the content's owner or authorized licensee. If you want us to forward the information from the Complaint, please email us at: dmca@Allinviews Ltd.com.

If you believe in good faith that the content was removed in error, you have the option to file a counter-notice ("Counter Notice") by following the steps below. When we receive a valid Counter Notice, we may remove the Complaint from your record (at our discretion).

Your Counter Notice should include all of the following:
a. Your contact information – name, mailing address, telephone number, and email address.
b. DMCA ID printed at the bottom of the notification email.
c. The source address of the content that was removed (copy and paste the link in the Counter Notice).
d. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
e. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Please email your Counter Notice to: dmca@Allinviews Ltd.com. If a proper Counter Notice is received by us, we may send a copy thereof to the original complaining party and inform him/her that that Company may replace the removed material or cease disabling access to it. Unless Company first receives notice from the copyright owner of the allegedly infringed work(s) or his/her agent that such person has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the referenced materials, Company may, at its sole discretion, replace such material and cease disabling access to it, at our discretion.

Please note that when you provide us a DMCA Notice or a Counter Notice, we are relying on the information that you have provided us. Any person who knowingly misrepresents that the material or activity is infringing, shall be liable for any damages, including costs and attorneys' fees, incurred to the alleged infringer, to any copyright owner, copyright owner's authorized licensee or to Company, who is damaged by such misrepresentation. Please remember that there are legal and financial consequences for fraudulent or bad faith submissions. Before submitting a DMCA Notice or a Counter Notice, be sure that you are the actual rights’ holder of the content or that you have a good faith belief that the material was removed in error and understand the repercussions of submitting a false claim.

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RESTRICTIONS OF USE

The Website, games, Content and Services are provided solely for your personal, non-commercial use (unless you obtain Company’s prior written approval). You hereby agree you will not, directly or indirectly: (a) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent or hack the website, games, the Content and Services or attempt to derive the source code of the Services or gain unauthorized access to the Services or its related systems or networks, nor remove, circumvent, disable, damage or otherwise interfere with security-related features or operation of the Services, including, without limitation, transmitting destructive items or harmful codes; (b) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit or make the Content available to any third party, or any portion thereof; (c) use the Services or the Content in any fraudulent or unlawful manner; (d) use the Services in any way that violates any provision of these Terms; (e) assert any proprietary rights in or to the games and Content, materials or any element, derivation, adaptation, variation or name thereof, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party; (f) use, access or attempt to access the Services in connection with any automated means or manual processes to monitor or copy any content contained therein, or use such means to extract information from the Services, nor extract, collect or store personal data about other users without their express permission; (g) use Company’s name, logo or trademarks without Company’s prior written consent. If we find needed, we will investigate any breach or alleged breach of these Terms and report to law enforcement authorities. Further, we are entitled to prevent access from any user that we believe have breached or is likely to breach these Terms. We may also limit or prevent the use of our Services for any reason or for no reason, at our sole discretion