Fun Word Games Ltd. (“FunWordGames”, “us”, “our”, or “we”), a company incorporated in the State of Israel with Company No. 516510278 offers games through its mobile applications (“Apps”). These Terms of Service (“Terms”) govern your access and use of the Apps. Our Privacy Notice, available at [https://funword.games/privacy-policy] (“Privacy Notice”) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual using the App.
Please read these Terms carefully. By clicking on the button marked “I agree” you assent to these Terms. We may change these Terms from time to time and by continuing to use the Apps following any changes, you agree to the amended Terms. If you do not agree to any of these Terms, please do not click the button marked “I agree” and do not use or access our Apps.
Use of Apps
Subject to these Terms, FunWordGames allows you to use and access the Apps on a non-exclusive basis.
Use of and access to the Apps is void where prohibited by law. You represent and warrant that (a) you are at least 18 years old and have the ability to form a binding contract; (b) your use of the Apps does not violate any applicable law, regulation, or obligation you may have to a third party; and (c) you shall comply with applicable laws, regulations, and these Terms throughout your use of the Apps. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the Apps is revoked where these Terms or use of the Apps is prohibited.
You agree to notify us immediately if you become aware of any unauthorized use of the Apps on your device. You are solely responsible for the security of your mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, FunWordGames will not be liable for any losses or damage arising from such unauthorized use. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Apps.
Termination
FunWordGames may suspend or terminate your use of the Apps at any time by providing three (3) days’ prior notice. In addition, FunWordGames may suspend or terminate your use of the Apps with immediate effect and may take any other corrective action it deems appropriate upon occurrence of any of the following events: (i) violation of the letter or spirit of these Terms, (ii) behavior that is fraudulent, harassing, abusive, illegal or harmful to other users, third parties, or the business interests of FunWordGames. If your use of the Apps is terminated, you may not rejoin any FunWordGames Apps without permission. FunWordGames may modify or discontinue the Apps for all users at any time. Upon termination of your use, you shall not have any further access to the Apps.
We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Apps. We will cooperate with any law enforcement authorities or court order directing or requesting that we disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Apps.
You may stop using the Apps at any time or delete the Apps from your device. Deletion of the Apps from your device shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability), which by their sense and context are intended to survive such suspension or termination.
In-App Purchases and Rewards
In-App Purchases. You may be offered the opportunity to make in-app purchases of virtual points (“Virtual Points”), or items for use within the Apps such as power-ups (“Virtual Goods”), and together with Virtual Points, the “Virtual Items”). Virtual Items may be utilized for various purposes, including but not limited to advancing to the next stage of the Apps more rapidly, as shall be communicated to you within the Apps. FunWordGames reserves the right to modify the types of Virtual Items available as well as their prices at its sole discretion and without notice to you.
Rewards. When you reach a goal or accomplish a challenge through the Apps (“Achievements”), you may receive in-app rewards in the form of Virtual Items. Not all Achievements grant you rewards. FunWordGames reserves the right to select which Achievements result in rewards and the type of reward granted, at its sole discretion and may change such terms at any time and for any reason without notice to you.
Use of Virtual Items. It is clarified that Virtual Items are not a currency or legal tender, nor are they interchangeable into legal tender. Rewards do not have any value, and are not transferable, other than on the Apps as expressly provided herein. You may not transfer or use the Virtual Items for any means other than as permitted and available in the Apps. The Virtual Items are only meant to incentivize and increase your achievements and engagement with our Apps.
Fees and Payment. The Apps are currently offered free of charge. We reserve the right to charge for use of the Apps in the future.
All payments to FunWordGames for in-App purchases will be made by way of the applicable app store and you shall be subject to terms and conditions governing use of such app store’s services and the app store’s Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services. You may be asked to provide customary billing information such as name, billing address, and debit, credit card, or other personal details requested by the relevant app store.
Where applicable, taxes may also be charged. All payments are exclusive of any taxes, except otherwise provided. Refunds will be handled in accordance with the applicable app store’s refund policy.
Content
Certain types of content may be made available through the Apps. “Content” as used in these Terms means, collectively, all content on or made available through the Apps, including any images, photos, pictures, or videos, and any modifications or derivatives of the foregoing.
FunWordGames DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT THAT IS NOT SOLELY DUE TO FunWordGames’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE APPS OR OTHERWISE.
Use Restrictions. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Apps without our prior written authorization, including framing or mirroring any part of the Apps; (2) circumvent, disable, or otherwise interfere with security-related features of the Apps or features that prevent or restrict use or copying of any content available through the Apps; (3) use the Apps or content thereon in connection with any personal or commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Apps; or (5) use the Apps or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Apps and/or any related materials in violation of such laws.
Intellectual Property. FunWordGames or its licensors, as the case may be, have all right, title, and interest in the Apps, and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Apps for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Apps. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of FunWordGames or any third party. If you provide FunWordGames with any feedback regarding the Apps, FunWordGames may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
Disclaimers and Disclaimer of Warranty
All information and Content on the Apps is for informational purposes only and FunWordGames provides no guarantees with respect thereto. Your use of the Apps is at your sole discretion and risk. The Apps and Content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Apps will be of good quality or useful for your needs.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APPS OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE APPS; (II) THAT THE APPS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.
No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
Without derogating from any of the above, we assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or Apps. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems, mobile devices or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the Apps. We shall not be responsible for any loss or damage, including personal injury or death, resulting from the conduct of any users of the Apps.
IN NO EVENT SHALL FunWordGames, ITS OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPS, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER FunWordGames HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE. IF YOU HAVE NOT MADE ANY PAYMENTS TO FunWordGames, OUR MAXIMUM AND CUMULATIVE LIABILITY TOWARD YOU SHALL BE US$100.
Indemnification. You agree to indemnify, defend, and hold harmless FunWordGames, its employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your device; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Apps; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.
Third-Party Content. The Apps may provide you with third-party links (including, without limitation, advertisements) to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through third-party websites and applications or for the privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.
Notices. Any required notices pursuant to these Terms may be sent by email transmission (with electronic confirmation of delivery) to the email address associated with the app store account from which the Apps were downloaded and any such notice shall be deemed to have been received one (1) business day email transmission and written confirmation receipt of such transmission. Notices to FunWordGames may be sent to [support@funword.games].
Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and FunWordGames or enables you to act on behalf of FunWordGames. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
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