The terms of this agreement govern the relationship between you and Chiki Gaming Ltd. (hereinafter “Chiki” or “Us” or “We”) regarding your use of Chiki’s social games (the “Service”).
By accessing and using the Service, you signify and agree that you have read, understand and agree to be bound by the terms and conditions set forth below (the “Terms”). If you do not agree to these Terms, do not use the Service.
Subject to your agreement and compliance with these Terms, Chiki grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Service. In case you fail to comply with these Terms or in case you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service.
Any use of the services in violation of the below license limitations is strictly prohibited. By accessing and using the Service you agree that you will not:
1.Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
2.Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player’s experience;
3.Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers;
4.Exploit the Service or any of its parts for any commercial purpose;
5.Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
6.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;
7.Publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity (including distributing another player’s personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
8.Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
10.Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Service that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
11.Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Service on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by Chiki for any Service, must be limited to the appropriate forum or channel for such offers;
12.Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity for the purpose of misleading others;
13.Use the Service for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.
14.Collect, harvest 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.
Suspension & Termination
We reserve the right to terminate or suspend your account or your access to any or all of the Service at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms.
You acknowledge that Chiki is not required to provide you notice before suspending or terminating your account. Chiki reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. If you believe that any action has been taken against your account in error, please contact us at email@example.com
We reserve the right to stop offering and/or supporting the Service or any part of the Service at any time, at which point your license to use the Services or a part thereof will be automatically terminated.
Chiki retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
Chiki and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights or any other rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text.
Chiki assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
The Services are Available “AS-IS”
The Service is provided on an “AS IS” and “AS AVAILABLE” basis and we do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Service is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user’s errors and/or omissions.
Limitation of Liability
CHIKI AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CHIKI OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold Chiki harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by Chiki arising out of or from your access and use of the Service, your violation of these Terms or any content posted, transmitted or provided by you or on your behalf.
Waiver and Severability
The failure of Chiki to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
You acknowledge that the rights granted and obligations made hereunder to Chiki are of a unique and irreplaceable nature, the loss of which shall irreparably harm Chiki and which cannot be replaced by monetary damages alone so that Chiki shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
Virtual Currencies and Goods
In the Service you may purchase in-game currency (“Chips”) with real money. Chips can never be redeemed for real money, goods, or any other item of monetary value from Chiki or any other party.
Your purchase of Chips is final and is not refundable, transferable or exchangeable. You may not purchase, sell, or exchange Chips outside the Service. Doing so is a violation of these Terms and may result in termination of your account and/or legal action taken against you. We may revise the pricing of the Chips at any time in our sole discretion. We reserve the right to refuse your request to purchase and/or acquire Chips for any reason. When you purchase Chips, they will reside in your account until discharged through use of the Service. When purchasing Chips, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. We may send you confirmatory email that will contain details of the Chips you have purchased. If you find any mistakes in the charge please contact us or encounter any other problem through the process of purchase please immediately contact us. We may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method. We will not provide a refund or any compensation for any reason for unused Chips in case you close your account, voluntarily or involuntarily.
Governing Law and Jurisdiction
By using or visiting the Service, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Chiki. Any claim or dispute between you and Chiki that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv – Jaffa, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Tel Aviv – Jaffa. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN SIX (6) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Modification of Terms
We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Service after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.
These Terms are the entire and exclusive agreement between Chiki and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.
The Services are operated and provided by Chiki Gaming Ltd. If you have any questions about these Terms, please contact Chiki at firstname.lastname@example.org