Thank you for visiting ZWIGGOFF (the Site). PLEASE READ THESE TERMS OF SERVICE (TERMS) CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is operated by ZWIGGOFF Ltd. its subsidiaries and affiliates (collectively, ZWIGGOFF, we us or our). You are the person or entity using the Site, including by submitting User Materials (as defined below), ordering or using Applications (as defined below).
By using this Site, clicking on a button indicating your consent, or ordering or using certain applications, services or software, and content including games for use therewith, either at no charge or for a fee (such applications, services, software and any related content provided by ZWIGGOFF or its licensors is referred to herein collectively as Applications), you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of the law of the Israel, all as further set forth herein. If you do not agree to these Terms, you do not have permission to use the Site or the Applications. ZWIGGOFF reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Applications, or modify these Terms without notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Applications. By continuing to access or use the Site and Applications after ZWIGGOFF makes any such revision, you agree to be bound by the revised Terms
You may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Site.
1. REGISTRATION, ORDERING, AND SUBSCRIPTION OBLIGATIONS
In consideration of your use of the Site and/or Applications, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site registration process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. The Site is intended for adults who have not been previously suspended or removed from the Site by ZWIGGOFF; and people who have been previously suspended or removed from the Site may not create user accounts and you represent that you are so qualified to create a user account. Minors should seek consent of his or her legal guardian before using the Site. If you provide information that ZWIGGOFF, in its sole discretion, believes to be inaccurate, not current, or incomplete, or if you select a username that ZWIGGOFF, in its sole discretion, finds offensive or inappropriate, ZWIGGOFF has the right to suspend or terminate your account and refuse any and all current or future use of the Site. You agree that you are solely responsible and liable for all activities and actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully and to exit from your account at the end of each session, with the full awareness that a failure to keep your password secure will enable others to engage in transactions or take other actions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password that is not intended to have authority to act on your behalf, please contact ZWIGGOFF immediately to authorize ZWIGGOFF to deny access to the Site to anyone else presenting your username and password. ZWIGGOFF cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZWIGGOFF, in its sole discretion, suspects that such information is untrue, inaccurate, not current or incomplete, ZWIGGOFF has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Applications (or any portion thereof).
2. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site may, at ZWIGGOFF’s option, be conducted electronically. ZWIGGOFF may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record. By using this Site you consent to these Terms.
3. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
Subject to these Terms, ZWIGGOFF hereby grants you a limited, personal, non-commercial, non-exclusive, non-sub licensable, non-assignable, and right to view and use the Site only for the purposes of viewing or playing content such as games, posting User Materials or for accessing information, Applications and services. ZWIGGOFF reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described below. This license is limited to personal and non-commercial use by you. Any rights not expressly granted to you herein are reserved to ZWIGGOFF and its licensors. Unless you have received specific written permission from ZWIGGOFF, or otherwise permitted by the Site, you may not: (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; (c) deep link to any portion of the Site; or (d) use the Site or Applications in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site, as ZWIGGOFF may determine in its sole discretion. Without limiting other restrictions, you agree not to reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, User Materials and/or Applications (other than your User Materials). In addition, you agree not to record in any way shape or form any of the users if and when they are shown on the Site, including while playing any of the Applications. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. ZWIGGOFF will not be liable to you or any third party for termination of the Site or Applications or termination of your use of the Site or Applications. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, ZWIGGOFF will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:
You understand that all postings, messages, user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, files and other materials of any nature (User Materials) that are transmitted to or via the Site are the sole responsibility of the person from which the User Materials originated. This means that the person, who submitted the User Materials, and not ZWIGGOFF, is entirely responsible for the User Materials transmitted through the Site.
Further, you understand that by using the Site you may be exposed to User Materials that are inaccurate, offensive, objectionable or indecent. ZWIGGOFF has no ability to control the User Material that is uploaded, posted or otherwise transmitted using the Site or Applications and does not have any obligation to monitor such User Material for any purpose and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ZWIGGOFF with respect thereto. You agree that you must evaluate, and bear all risks associated with, the use of any User Materials, that you may not rely on said User Materials, and that under no circumstances will ZWIGGOFF be liable in any way for any User Materials or for any loss or damage of any kind incurred as a result of the use of any User Materials posted, emailed or otherwise made available via the Site, including in connection with the accuracy, usefulness, completeness, appropriateness, intellectual property rights, legality or applicability of the User Material or anything said, depicted or written by users of the Site or Applications, including without limitation any information obtained by using the Site. ZWIGGOFF does not endorse any User Material or any opinion, recommendation, or advice expressed therein and ZWIGGOFF expressly disclaims any and all liability in connection with User Material.
When uploading User Materials to the Site, you agree to select an accurate category for your User Materials. In addition, you agree that you will refrain from using tags that do not pertain to the User Materials you uploaded or that infringe upon anyone else’s trademark or other intellectual property.
You shall not create a user name or screen name or upload to, distribute through or otherwise publish through the Site any User Materials which are unlawful, obscene, inaccurate, tortuous, harmful, embarrassing, distressing, harassing, defamatory or hateful or that contains objects or symbols of hate, racially or ethnically offensive, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting or promoting unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of ZWIGGOFF, in its sole discretion.
Your User Materials, user name and/or screen name will not disparage in any manner ZWIGGOFF, its licensors, or their Applications, products, or services and sites.
Your User Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
You shall not upload to, distribute through or otherwise publish through the Site any User Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services, including but not limited to chain letters’ promo-codes, pyramid schemes and spam. You specifically acknowledge and agree that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
When uploading User Materials to the Site, should you opt to allow codes to be generated enabling others to link to your User Materials and/or display your User Materials on others web pages, you agree that your User Materials may be linked to or displayed by non-ZWIGGOFF websites and you consent to such linking or display.
You shall not upload to, distribute through or otherwise publish through the Site any User Materials that contain viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software, including without limitation, the Site and Applications; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site.
You agree not to post or otherwise make available User Materials that disrupt the normal flow of message board dialogue with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users’ ability to use message boards.
You agree not to employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Materials transmitted through the Site or in any way use the Site or Applications to send altered, deceptive or false source-identifying information.
You agree not to post or otherwise make available User Materials that impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted, or perform any other similar fraudulent activity.
You agree not to post or otherwise make available User Materials that include personal or identifying information about another person without that person’s explicit consent or that is false, deceptive, misleading, deceitful, or misinformative.
You agree not to use message boards to contact anyone who has asked not to be contacted; stalk or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; to post repeatedly the same or similar messages or otherwise impose unreasonably large loads on our infrastructure; use automated means, including spiders, robots, crawlers, or other data-mining tools or the like to download data from the message boards.
You agree not to upload, stream, email or otherwise transmit (i) any User Material to which you do not have the lawful right to copy, transmit and display (including any User Material that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Material); (ii) any User Material for which you do not have the consent or permission of each identifiable person in the User Material to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Material) and such consent or permission is necessary; or (iii) any User Material that infringes, violates or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity)
You agree not to upload stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
You agree not to upload, stream and email or otherwise transmit any User Materials that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User materials that is unrelated to the immediate, aesthetic nature of the User Materials.
ZWIGGOFF reserves the right to remove without notice any User Material that violates these Terms, including without limitation, any User Materials with content that infringes or may infringe a third partys right and/or is unlawful, obscene, pornographic, defamatory, libelous, threatening, hateful, racially or ethnically offensive or otherwise inappropriate and to terminate the access of the submitter of such User Materials to the Site and/or Applications.
ZWIGGOFF and its designees shall have the right (but not the obligation) in their sole and absolute discretion to re-categorize, refuse or remove any User Materials, as well as terminate your access to the Site. ZWIGGOFF may establish practices and limits concerning the use of the Site and Applications, including the maximum disk space that will be allotted to your use or maximum number of days that User Material will remain on the Site. You agree that ZWIGGOFF has no liability or responsibility for the storage or deletion of any User Materials that you submit or post. ZWIGGOFF reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
4. VIOLATIONS OF TERMS AND LIQUIDATED DAMAGES
If you believe that any content on the Site (including, without limitation, User Materials) violates any of the terms of these Terms, please send us a message about it as set forth below.
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay ZWIGGOFF any and all actual damages, to the extent such actual damages can be reasonably calculated for any breach of these Terms, but in any event, no less than one thousand dollars ($1,000) for each material breach.
5. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
ZWIGGOFF may but is not obligated to offer you, as it may determine in its sole discretion, the ability to use Applications, if you so desire. For example, ZWIGGOFF may provide chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the Sites to your computer, multi-player games and software that allows you to create greetings, puzzles, photographs, musical compositions and mixes, music videos and cartoons. Without limiting your obligations and restrictions described herein, your limited license to use the Applications is subject to the following conditions:
The Applications that are made available to you are the copyrighted work of ZWIGGOFF and/or its licensors. The use of each Application is governed by the end user license agreement (EULA) that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and these Terms. In the event that no EULA accompanies the Application, then the Terms shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and these Terms. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that ZWIGGOFF shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise attempt to discover the source code of any of the software used to provide the Site or the Applications or any part thereof. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by ZWIGGOFF are reserved to ZWIGGOFF.
ZWIGGOFF may cease support of any Application at any time in its sole discretion, as further described in these Terms.
Applications you use or download from the Sites may contain third party digital rights management systems (DRMS) which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that ZWIGGOFF shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by ZWIGGOFF which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications. More specifically, the DRMS for subscription services and Applications licensed from the Site may transmit certain information when you either enter a purchase key or sign in with your subscription service user name and password.
ZWIGGOFF will try to provide the Applications with minimum disruptions. However there is no guarantee that the Applications will always function without disruptions, delay or other imperfections. ZWIGGOFF shall not be responsible for any connection or access to the Site or Applications by you or the quality of the transmission of any information passing between you and the Site. You will be responsible for providing your own communications equipment to access the Site and use of the Applications via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that ZWIGGOFF shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Site or Applications via WAP. ZWIGGOFF may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. ZWIGGOFF may also have to repair, improve, and/or upgrade the Applications and this may require us to restrict, limit, suspend, interfere and/or interrupt the Applications.
6. INTELLECTUAL PROPERTY RIGHTS
ZWIGGOFF may but is not obligated to offer you, as it may determine in its sole discretion, the ability to use Applications, if you so desire. For example, ZWIGGOFF may provide chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the Sites to your computer, multi-player games and software that allows you to create greetings, puzzles, photographs, musical compositions and mixes, music videos and cartoons. Without limiting your obligations and restrictions described herein, your limited license to use the Applications is subject to the following conditions:
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please send a duly executed notice of such infringement with sufficient information for ZWIGGOFF to determine the merit of such notice. We cannot guarantee that we will respond to your notice and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such notice.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by ZWIGGOFF. Accordingly no such content or Applications may be used on another web site without express written permission from ZWIGGOFF.
ZWIGGOFF and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site and Applications and the trademarks, service marks, logos visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Site and Applications other than User Materials (the property rights of which are covered elsewhere in these Terms) (the ZWIGGOFF Materials). Except as expressly authorized by ZWIGGOFF, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the ZWIGGOFF Materials.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications, User Material or related products and services.
7. PRIVACY POLICY
ZWIGGOFF respects your right to privacy and understands that visitors to ZWIGGOFF need to be in control of their personal information. To that end ZWIGGOFF has developed a Privacy Policy, and you should review it carefully. Your use of the Site is your consent to the Privacy Policy.
8. ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will try to fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site — and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
9. SUBMITTING USER MATERIALS AND LICENSE GRANT
ZWIGGOFF will own all right, title and interest in and to all derivative works and compilations of User Material that are created by ZWIGGOFF, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by ZWIGGOFF to give to ZWIGGOFF the full benefit of the rights granted to ZWIGGOFF by you. You agree that you must evaluate, and bear all risks associated with, the use of any User Material, including any reliance on the accuracy, completeness, or usefulness of such User Material.
You understand that whether or not such User Materials are published on the Site, ZWIGGOFF does not guarantee any confidentiality with respect to any submissions. ZWIGGOFF does not want to receive confidential or proprietary information from you through the Sites or by email.
In the absence of an express written agreement between you and ZWIGGOFF, any User Materials, information or idea you transmit to ZWIGGOFF by any means may be disseminated or used by ZWIGGOFF or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing. You acknowledge, however, that because of ZWIGGOFF and its affiliates’ position in the games industry, other persons, including ZWIGGOFF's employees, may have submitted to ZWIGGOFF or to others, or may have made public, or may hereafter create, submit to ZWIGGOFF or make public, similar or identical material that ZWIGGOFF may have the right to use. You understand and agree that ZWIGGOFF’s use of material similar to or identical with the User Materials or containing features or elements similar to or identical with those contained in the User Materials will not obligate ZWIGGOFF to negotiate with you, nor will it entitle you to any compensation of any kind. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions. ZWIGGOFF does not claim ownership in User Materials you submit; however, by submitting User Materials in any form to ZWIGGOFF, in addition to other provisions of the Terms, you hereby waive any and all moral rights in connection with the User Materials and you automatically grant ZWIGGOFF a royalty-free, fully-paid, world-wide, non-exclusive, sub-licensable (through multiple tiers), perpetual and irrevocable and assignable right and license but not the obligation, to use, host, copy, publicly perform, publicly display, reproduce, modify, publish, exhibit, broadcast, edit, (e.g., for promotional uses, dubbing, subtitling, translating, time constraints, and censorship rules), compress adapt, promote, package with other works, convert for streaming, distribute, transmit, translate, manufacture, market, license, broadcast, rent and lease and otherwise exploit the User Materials, or any portion thereof, and sublicense others to do so (including through multiple tiers) in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites and if you so choose when uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any User Material to ZWIGGOFF or on the Site or thereafter, such license shall include the right to copy, transmit, display and redistribute such User Material in any form, medium or technology now known or later developed, including without limitation on third party websites. You further grant to each user of the Site and Applications a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your User Material and if you so choose when uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any User Material to ZWIGGOFF or on the Site or thereafter, such license to each user of the Site or Applications shall include the right to copy, transmit, display and redistribute such User Material on third party websites. The foregoing license granted by you terminates once you, or ZWIGGOFF, remove or delete a User Material from the Site. Notwithstanding anything herein to the contrary, the foregoing license shall survive with respect to any sublicenses granted by ZWIGGOFF until such sublicenses terminate or expire. You obtain no rights in any form, media, or technology incorporating the User Materials.
10. INDEMNITY
You agree to indemnify and hold ZWIGGOFF, its parent company, subsidiaries, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorney’s fees, arising out of your content and User Materials, your use of the Site, your violation of these Terms or your violation of any third party’s rights including such party’s intellectual property right, publicity, confidentiality, property or privacy right or the breach of any law.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND APPLICATIONS IS AT YOUR SOLE DISCTRETION AND RISK. EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND ZWIGGOFF, THE SITE AND APPLICATIONS, CONTENT, USER MATERIALS AND RELATED INFORMATION OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU AS IS AND AS AVAILABLE, WITH ALL FAULTS BASIS WITHOUT WARRANTY OF ANY KIND. ZWIGGOFF HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE AND APPLICATIONS; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZWIGGOFF, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
IN ADDITION, ZWIGGOFF DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
12. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR ANY OTHER USE OF THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT ZWIGGOFF SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
13. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER ZWIGGOFF NOR ANY OF Y2YGames’S OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF ZWIGGOFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY ZWIGGOFF OR ANY OF Y2YGames’S OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS SHALL BE, AT Y2YGames’S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON ZWIGGOFF; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO ZWIGGOFF. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of ZWIGGOFF and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you are 18 years old or an emancipated minor who possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to use and to authorize ZWIGGOFF and its users to use your User Material as necessary to exercise the licenses granted by you in this section and in the manner contemplated by ZWIGGOFF and these Terms; (g) the User Materials you submit to the Site do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the User Materials you submit to the Site do not and will not: (1) slander, defame, or libel any other person or entity, or (2) contain any viruses, adware, spyware, worms, or other malicious code; (i) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Materials to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the applicable Site and these Terms of Service; (j) you will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Applications or User Materials Submissions, features that prevent or restrict use or copying of any content accessible through the Applications or features that enforce limitations on the use of the Applications or User Materials; (k) you will not interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of ZWIGGOFF’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (l) you will not attempt to probe, scan or test the vulnerability of any ZWIGGOFF system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Applications; and (m) you agree to defend, indemnify, and hold ZWIGGOFF (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (l) and any other breach of these Terms.
16. LINKS; ADVERTISERS
The Site may contain links to third party sites that are not under the control of ZWIGGOFF and ZWIGGOFF is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. ZWIGGOFF provides links only as a convenience and the inclusion of the link does not imply that ZWIGGOFF endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ZWIGGOFF shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
17. INTERNATIONAL USAGE
This Site is controlled and operated by ZWIGGOFF from its offices. ZWIGGOFF makes no representation that the Site, Applications, or related information offered by ZWIGGOFF are appropriate or available in locations where you may access the Site. Those who choose to access the Site or use the Applications do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Some legal jurisdictions have not addressed the legality of online gaming and others have specifically made certain types of online gaming illegal. We make no representation or warranty with respect to the legality or otherwise of (1) the access to and use of the Site and/or the Applications, and (2) the making of any deposit of funds to ZWIGGOFF and receipt of any funds from it, under any applicable law. We do not intend for anyone to use the Site and/or the Applications where such use is illegal. The availability of the Site and/or the Applications does not constitute an offer or invitation by us to use the Site and/or the Applications in any place in which such use is illegal. Use of the Site and/or the Applications is forbidden wherever prohibited by any applicable laws. You accept sole responsibility for determining whether your use of the Site and/or the Applications is legal under any applicable laws. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your access to and use of the Site and/or the Applications, or the making of any deposits to ZWIGGOFF and receipt of any funds from it, under any applicable laws. We shall be entitled to inform relevant authorities, other online operators, online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity, and you will cooperate fully with us to investigate any such activity. Without prejudice to any other rights, you agree to indemnify ZWIGGOFF for any unlawful use of the Site or the Applications.
18. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, ZWIGGOFF may terminate or cancel your access rights to the Site and/or Applications immediately without notice. ZWIGGOFF may also block your use of the Site and/or Applications or direct you to cease using it. If you repeatedly violate these Terms, ZWIGGOFF will permanently suspend your access right to the Site and/or Applications. You agree that ZWIGGOFF, in its sole discretion, for any or no reason, and without penalty, may terminate or cancel your access rights to the Site and/or Applications and remove and discard all or any part of your account and user profile, at any time without prior notice and you understand and acknowledge that we will have no further obligation to provide the Site or Applications. ZWIGGOFF reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof, with or without notice and you agree that ZWIGGOFF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ZWIGGOFF may have at law or in equity.
Any suspension, termination or cancellation will not affect your obligations to ZWIGGOFF under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
19. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of Israel without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Israel.
20. ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and the disclosures provided by ZWIGGOFF and the consents provided by you, constitute the entire agreement between you and ZWIGGOFF. If any provision of these Terms and/or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and/or the Privacy Policy, as applicable, and shall not affect the validity and enforceability of any remaining provisions ZWIGGOFF’s failure to act with respect to a breach by you or others does not waive ZWIGGOFF’s right to act with respect to subsequent or similar breaches.
21. NOTICES
Any notice or other communication to be given hereunder will be in writing and given (a) by ZWIGGOFF via email (in each case to the address that you provide), (b) a posting on the Site or (c) by you via email to support@ZWIGGOFF.com or to such other addresses as ZWIGGOFF may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted
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