Terms of Service

Welcome to the Tangelo Games website, service and applications, provided by Tangelo Games Israel Ltd. (the "Company", "we" or "us") through the Diwip website (www.diwip.com) or through third party sites, including but not limited to, Facebook or any other platform (together, the "Service"). These Terms of Service (the "Terms") govern your use of the Service and your relationship with us. Please read them carefully. Your use of the Service signifies your acknowledgment of the Terms, agreement to be bound by the Terms and comply with any and all applicable laws, rules and regulations by any law applicable to you.

Before the Service, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

1. The Service

The Service may contain links to other web sites, resources and advertisers, as well as third party Content published by users of the Service or third party advertisers, and also may utilize any third party services, tools, offers and systems (together, "Third Party Services"). The Company is not responsible for these Third Party Services or their Content. The inclusion or utilization of such Third Party Services does not imply endorsement or any association with its operators. The Company is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the Third Party Services, nor the advertising, products, or other materials on such Third Party Services. Under no circumstances shall the Company be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any Third Party Services. Any concerns relating to the Third Party Services should be directed to its respective site administrator or webmaster.

The Service may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the Content contained in the Service, queries made through the Service or other information. The manner, mode and extent of advertising on the Service are subject to change without specific notice to you.

As you use the Service, or as a result of such use, you may choose to purchase goods or services which are provided by another person or company. We accept no responsibility or liability for your purchase and/or use of these other services or goods, and you are entirely responsible for such actions. Please note that your use of any Content sourced from Third Party Services (including Facebook, Apple and Google) and your relationship with these Third Party Services are subject to the Third Party Services own terms and conditions of use, data use policies, copyright and intellectual property policies, community standards and their other published policies, principles and terms of use. We do not control and are not responsible for Third Party Services processing of your information, or for any other policy, conduct or misconduct by Third Party Services. We strongly recommend that you carefully review and familiarize yourself with all statements, policies and principles of the Third Party Services you may use with relation to the Service before you start using the Service

2. License

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Company's policies, We grant you a non-exclusive, non-transferable, nonsublicensable, revocable and limited license to access and use the Service for your own noncommercial entertainment purposes. You agree not to use the Service for any other purpose.

2.1 Limitation of License

The following restrictions apply to the use of the Service: • You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
• You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by us, or previously been banned from playing any Company's game.
• You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
• Engage in any act that We deem to be in conflict with the spirit or intent of the Service or make improper use of Company's support services.
• Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Company's game or any Company's game experience.
• Modify or cause to be modified any files that are a part of the Service or any Company's game without Company's express written consent.
• Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Company's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any Company's game environment.
• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Company's employees, including Company's customer service representatives.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Company's employee.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Company's game, or to obtain any information from the Service or any Company's game using any method not expressly permitted by US.
• Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Company's game.
• Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
• We reserve the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

Use of the Service should be done with only one user account. The Company reserves the right to monitor any effort to establish multiple user accounts; in the event the Company discovers that a user has established more than one user account, it will result in the termination of any and all Service use. The Company also reserves the right to deny access to anyone.

Your breach of any provision of these Terms may be grounds for termination of our legal agreement with you and for termination of your account and / or License, at our sole discretion

Changes in the Terms

We may change these Terms from time to time, without actual notice to you. The revised Terms shall become effective immediately upon posting in the Service. It is your responsibility to review these Terms occasionally. You agree that your continued use of the Service shall constitute your consent to the new or revised set of Terms.

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

2.2 Your Account

Your registration to the Service will be done either by logging in using your existing credentials with Facebook or your mobile platform, as applicable or using log-in credentials created by you upon registration by selecting a password and providing your name and an email address. To the extent that you will be required to provide any information during your registration process, your use of the Service or otherwise, you agree to provide true, accurate, current and complete information about yourself and to maintain such information true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your use of the Service.

You are responsible and liable for any activity by any person who uses the Service using your log-in credentials. You are responsible for maintaining the confidentiality of such log-in credentials and for any liability resulting from the use of such credentials. You agree to immediately notify the Company of any suspected unauthorized use of the Service or any other breach of security known or suspected by you.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account and/ or License, at our sole discretion.

Communications with Users

We reserve the right to contact you for the purpose of informing you of changes or additions to the Service. We may also contact you asking for feedback on current services or prospective products and services. Such communications shall be made in accordance with our Privacy Policy (https://www.diwip.com/privacy.php). 2.3 Use of the Service on Mobile Devices

When using the Service on mobile devices, you may use services such as web-access and other services which may incur charges from your mobile carrier. In such cases, the Service will not provide you any notice with respect to the possibility of additional charges. Your decision to use such services like web access are not the responsibility of the Service and any such charges you may incur are not the responsibility of, and not reimbursable by, the Company.

2.4 Virtual Currency and Virtual Goods

The Service may include a virtual, in-game currency ("Virtual Currency") including, but not limited to coins, cash or points, that may be purchased from the Service for "real world" money if user is legally eligible to do so in such user's country of residence. The Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from the Service for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from the Service or any other party. Virtual Currency and Virtual Goods Rights

Other than a limited, personal, revocable, non-transferable, non-sublicense license to use the Virtual Goods or Virtual Currency in the Service, user has no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. The Company has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and the Company shall have no liability to the user or any other person for the exercise of such rights.

2.5 Transfer of Virtual Currency and Virtual Goods

Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Site. Outside of the Site, user may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Site and possible legal action.

2.6 Purchases from Facebook or any other Platform (together, “Platform”)

You may purchase unreal currency from Platform in exchange for “real money” ("Platform Credits"). This is a transaction between you and Platform and the Company is not a party to such transaction. If you purchase Platform Credits, you are agreeing to the Platform's terms relating to the forgoing. The Company is not responsible for any issues related to the services provided to you by the Platform in connection with the purchase of Platform Credits. Once you have completed your purchase of Platform Credits you may redeem the Platform Credits for Virtual Goods offered in our games hosted by the Platform according to the Platform's policy. You understand that the use of Platform Credits does not entitle you to any right or title in the Platform policy regarding the Virtual Goods.

2.7 Sale is Final

You agree that all sales of Virtual Goods and Virtual Currencies are final. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Virtual Currencies are forfeited if user account is terminated or suspended for any reason, in the Company’s sole and absolute discretion, or if the Service discontinues operation

3. Content and Proprietary Rights

You understand that all information, such as data files, written text, computer software, music, audio materials or other sounds, photographs, illustrations, animations, videos or any visual materials (the "Content") which may be available to you and/or you may have access to as part of or through your use of the Service, excluding Your Content (as such term is defined below) may be protected by copyrights, moral rights, patents, trademarks, privacy and publicity rights, trade secrets or other proprietary or personal rights, and owned or controlled by either the Company, its licensors, sponsors, advertisers, other users of the Service or their licensors (together, "Content Owners").

As you may technically use the Service to access and/or upload additional Content owned by third party Content Owners, it remains your sole responsibility to obtain any and all licenses, permissions and/or authorizations from the Content Owners legally required for your uses of such Content (including but not limited to the licensing of Your Content under a License, as such term is defined below) (together, "Content Owners Permission").

Unless explicitly permitted under these Terms and/or under the required Content Owners Permission, you may not modify, make copies of, publish, transmit, distribute, rent, lease, loan, participate in the transfer or sale of, provide others with any portion of, reproduce, duplicate, create new or derivative works from, distribute, perform, or display the Content and/or the Service, in whole or in part.

You acknowledge and agree that the Company (or its licensors) own all legal right, title and interest in and to the Service. You may not use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

3.1 Your Content

As a condition of your use of the Service, and by uploading, fetching, placing, creating, editing or publishing any Content by you ("Your Content") within the Service and/or using Your Content therein, you hereby represent and warrant that Your Content: (i) has been legally created; (ii) is wholly original and has been created solely by you and/or is provided to you under a Content Owners Permission; and (iii) does not infringe the intellectual property, privacy or publicity rights or any other legal, moral, proprietary or personal right of any third party, and does not violate any applicable laws, regulations or network standards.

Without derogating any of the above, you represent and warrant you have obtained from any and every legal entity, including but not limited to every Content Owners, corporation, person or individual (or their legal guardian) whose image, appearance, figure, likeness, proprietary information and/or rights, copyrights, trademarks, title, name, brand and/or character is included in any way in Your Content, their explicit written consent and Content Owners Permission for any use of Your Content with regards to the Service, and for the Company's uses of Your Content under the License.

You, on behalf of yourself, your heirs, executor, administrator and assignees, hereby waive and relinquish any and all claims towards the Company with regards to any of your rights, title, interest, copyright, intellectual property and goodwill in and to Your Content, and grant the Company a specific, non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of Your Content for any purpose – commercial or otherwise, at the Company's sole discretion, including without limitation, trademark, copyright, show, transmit, publish, post, broadcast, adapt, reproduce, encode, store, make copies of, market, sell or otherwise use Your Content for the purpose of the Company's business, modify, make unlimited derivative works there from, display, present, exhibit and/or otherwise use Your Content and every element thereof, in whole or in part, in any medium, media or form, whether online or offline, in digital, print or otherwise, and in packaging, merchandising, advertising, promotion or for any other commercial or non-commercial purpose.

You acknowledge and undertake that any future transfer of any of your rights, property or otherwise, in Your Content, shall be subject to the perpetual irrevocability of the License.

You acknowledge that you shall have no right of approval or consultation with respect to the Company's use of Your Content, and hereby relinquish and waive any and all copyright and moral right you may have in Your Content with regards to the Company's and Company's licensees' use of Your Content.

We shall not be responsible for the return or preservation of Your Content.

We shall determine at our sole discretion the extent and manner of our use of Your Content, and shall not be obligated in any way to use or exploit the same or any rights licensed by you, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on the Service or on any other Company website.

You further agree that Your Content is not being submitted by you in confidence or in trust and that no confidential or fiduciary relationship is intended or created.

You hereby irrevocably grant the Company the unconditional and perpetual right and permission to use any of your name, address, image, voice, likeness, statements, biographical material, as well as any additional photographic images, video images, portraits, interviews or other materials or Content relating to you and arising out of your use of the Service (with or without using your name), in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party.

We may, at our sole discretion, offer you credit for Your Content and/or uses of the Service, whether for trade purposes or not. Such offer, if made, shall consist any terms and conditions set according to the Company's sole discretion.

The Company is not responsible for reviewing or authorizing Your Content, or any other Content or materials, including Content or materials posted in publicly accessible, interactive areas of the Service.

Your acceptance of these Terms constitutes your agreement to abide by any conduct rules or regulations posted, as well as the restrictions and responsibilities outlined in these Terms. You agree to take full responsibility and liability for the accuracy and appropriateness of any of Your Content and Content uses, and any consequences that may arise from your uses of the Service.

Without derogating from the above, the Company reserves the right in its sole discretion to delete, reject, move, or edit any of Your Content that it may determine, in its sole discretion, violates these Terms, without notice to you.

This Section 3 shall survive termination of your account with the Service or your use of the Service.

4. Limitation of Liability; Indemnification

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. However, there are certain things that we do not promise about our Service. Without derogating from the provisions of the Section captioned "The Service" above, we accept no responsibility or liability in contract, tort, negligence, breach of statutory duty or otherwise for any inconvenience, loss, damage, costs or expenses whatsoever incurred or suffered by anyone as a result of any information contained in or provided by the Service (unless such liability may not be excluded or limited as a matter of law and in such case our liability will be limited to the maximum extent permitted by law).

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES OF ANY KIND, WHETHER EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, OR THAT ANY INFORMATION OR ADVICE OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR IMPOSE ANY LIABILITY NOT EXPRESSLY STATED IN THESE TERMS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE AND OUR AFFILIATES, OFFICERS, AGENTS, MEMBERS AND EMPLOYEES BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, TOGETHER WITH OUR AFFILIATED ENTITIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AGENTS AND REPRESENTATIVES, FOR ALL CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE IN THE THREE MONTHS PRIOR TO THE CLAIM.

Without derogating from the above, under no circumstances shall we be obligated to investigate, monitor, mediate or resolve any dispute you may have with another user of the Service, although we may undertake such action in our sole discretion. In the event of a dispute with another user, you agree to indemnify us from any liability, and to hold the Company harmless, of any type of damages, claims or demands arising out of or related to any dispute you may have with any other user.

If you are dissatisfied with any portion of the Service, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Service.

Indemnification

Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless the Company and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Service by a third party using your user account.

This Section 4 shall survive termination of your account with the Service or your use of the Service.

5. Miscellaneous

You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Service may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Service resides solely in the competent courts in Tel Aviv, Israel.

Correspondence should be sent to http://www.diwip.com/diwip_support.php
You agree to report any copyright violations and/or violations of the Terms to the Company as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Service, please notify us as soon as possible at: http://www.diwip.com/diwip_support.php.

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and the Company relating to the subject matter herein. You may not modify these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.