Terms of Service
Welcome to the Diwip's website, service and applications, provided by Diwip 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. 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. If you do not agree to these Terms, please do not register and use the Service. You may not accept these Terms and use the Service if: (a) you are under the age of 13, (b) you are not qualified to create a binding legal agreement, or (c) the use of the Service is prohibited by amy law applicable to you.
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.
You agree to use the Service solely for your personal use. You agree not to transfer or resell the Service, in whole or in part, to any third party, or allow unauthorized access to the Service by any third party. You further agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose, and that you will not use the Service for illegal purposes, and/or to post or otherwise communicate or submit Content which is unlawful, libelous, harassing, abusive, privacy invading, threatening, harmful, vulgar, pornographic, obscene, indecent, commercial, confidential, proprietary or otherwise objectionable.
You agree not to access (or attempt to access) the Service by any means other than through the interface provided by us. Without derogating from any other term of these Terms, you agree to use the Service solely for lawful purposes. You agree that you will not (i) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are related to the Service); (ii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or any third party providers) infrastructure; (iii) bypass any measures we may use to prevent or restrict access to the Service; or (iv) provide any Content or information, including but not limited to proprietary content or information, as well as email addresses or telephone numbers, if you do not own or have permission to use such content or information.
You may not reverse engineer, decompile, disassemble, alter, duplicate, modify, make copies of, distribute, provide others with or otherwise attempt to derive the source code from any application of the Service. You may also not use the Service in order to discover, reveal or expose any non-public information regarding other users.
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, 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.
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 e-mail 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, at our sole discretion.
Communications with Users
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.
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.
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.
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.
Sale is Final
User agree that all sales of Virtual Goods and Virtual Currencies are final. 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, trade marks, service marks, logos, domain names, and other distinctive brand features.
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 (the "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.
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 NON-INFRINGEMENT 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.
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 IV shall survives termination of your account with the Service or your use of the Service.
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.