Terms of Use

Effective September 27, 2021
Last Amended September 27, 2021

Tangelo Games Israel Ltd., including its affiliates, (subsidiaries, parent companies, joint ventures and other corporate entities under common control) ("Tangelo" or "Company", as the case may be) publishes and operates products and/or services such as social games ("Products" and/or "Services" as the case may be) on an online website ("Site") including through various mobile game applications ("Apps") and/or through any other applicable platforms and/or devices (hereinafter together, the "Platform"). These Terms of Use govern the use of the Platform, Products and/or Services by you ("Customer") and forms an integral part of the legally binding agreement for the supply of Products and/or Services between Tangelo and the Customer.


General


By using the Platform, Products and/or Services, either directly or through a domain name that redirects to the Site, Customer agrees that it has read, understood and agrees to the provisions of these Term of Use and agrees to be bound thereby.

List of the Products

Tangelo may at its sole discretion, modify these Terms of Use at any time, including any other rules or terms related to specific services, that Tangelo may publish. Amended or replaced Terms of Use and any other additional terms as aforementioned, will be published on or redirected from the Site and all such shall be deemed an integral part of these Terms of Use.

If Customer continues to use the Platform, Products and/or Services, Customer is bound by the modified Terms of Use.

The Platform, Products and/or Services do not offer "real money gambling" or an opportunity to win real money or prizes.Practice or success at social casino gaming does not imply future success at "real money gambling".


Ownership of Platform, Products and Services / License and Intellectual Property


This Platform is owned by Tangelo. Tangelo and its licensors (as applicable) is holder of all intellectual and industrial property rights, or has obtained the corresponding permits or licenses required for exploiting them, with regard to the domain name of the Platform, the trademarks and distinctive emblems, the Products and/or Services and other works and inventions associated to the Platform and the technology associated to it, as well as with regard to its contents including designs, games, text, avatars, images and source code ("Content").

Subject to Customer’s agreement and continuing compliance and adherence with these Terms of Use, Tangelo grants Customer a personal, limited, non-exclusive, non-transferable, non-sublicenseable, revocable, limited license to access and use the Platform, Products and/or Services for entertainment and non-commercial purposes. Such use is permitted via the Platform, i.e. the Site and/or Apps.

Customer agrees not to copy, modify, or create derivative works based on the Platform or any portion thereof, distribute, transfer, sublicense, lease, lend, or rent the Platform or any portion thereof, reverse engineer, decompile, or disassemble the Platform or any portion thereof, or make the functionality of the Platform or any portion thereof available to any third party.

Customer agrees not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform, Products and/or Services or Content.

The Content may not be used, reproduced, copied or transmitted in any way whatsoever without the explicit permission from Tangelo.

The rights over the content created by Customers and which are made available by Customers through the Platform, Products and/or Services ("Customer Content") belong to their authors and nothing in these Terms of Use restricts any rights that Customer may have to use and exploit its Customer Content. Tangelo is not liable for the content published by the Customers. Customer hereby represents and warrants that the content created by Customers and which are made available by Customers through the Platform, Products and/or Services will not infringe, misappropriate or violate a third party’s intellectual property rights, or result in the violation of any applicable law or regulation.

Third-party trademarks that may appear on the Platform, Products and/or Services or apps belong to their owners.

All Customer Content is subject, to a nonexclusive, transferable, sublicenseable, worldwide, fully paid-up royalty-free, perpetual, worldwide, unlimited license, to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute the Customer Content in connection with operating and providing the Products and/or Services and Content to Customer and to others, including reproduce Customer Content, publicly or privately broadcast or make available the Customer Content, use the Customer Content for demonstration, promotion and advertising.

Customer agrees not exercise or waive its moral rights with respect to the Customer Content.


Contacting the Company


The Company may be contacted at:

Address: 94 Yigal Alon, 3rd Floor Tel Aviv 6789139 (Israel)

E-mail: supporttgisr@tangelogames.com


Access to the Platform

Use of the Platform, the Products and/or Services are intended for persons over 18 years old ("Adults").

Use of the Products and/or Services is subject to creation by the Customer of an account with Tangelo ("Account"). In creating the Account, Customer agrees to supply accurate and complete information, and to update that information immediately upon any changes. The Account information, including user names, passwords or security questions, are private for use only by the Customer who created the Account. Customer will not disclose the Account password to anyone and will not allow any third party to use the Account.

Customer will notify Tangelo of any breach of security or suspicion of any breach of security including unauthorized use of its Account. It is hereby clarified that Customer is responsible for all activities that transpire under its Account, whether or not known to Customer.

The access to the Platform, Products and/or Services is only permitted for Adults. You undertake to restrict use by minors, and deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Platform, Products and/or Services by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument by minors.

The activation of the Account and keeping the Account active may also be subject to certain conditions, which will be notified to the Customer at the time of formalizing their registration.

When a Customer registers to the Apps, they expressly accept to take part voluntarily.

If Customer breaches these Terms of Use, Tangelo may take action against Customer, including but not limited to terminating Customer’s Account. Customer acknowledges that Tangelo has no obligation to, and will not, reimburse or refund Customer for Products and/or Services suspended or terminated.

The Products and/or Services contained on the Platform may need to be subject to payment of a sum, which will be specified in the contracting conditions prior to payment.

Customer assumes all risk associated with the use of the Platform, Products and/or Services. Customer will not use the Platform, Products and/or Services in violation of any applicable law, or the provisions included in these Terms of Use. Customer is bound to refrain from using the Platform, Products and/or Services for unlawful purposes or contrary to the provisions laid down in these Terms of Use.

Tangelo reserve the right to

Customer undertakes not to transfer, disseminate or provide third parties with any kind of material through the Platform, Products and/or Services that in any way infringes applicable law.

Customer may stop using the Platform, Products and/or Services at any time. As part of such cessation, Customer is entitled to request that Tangelo deleted the Account. In any event, Tangelo is not required to provide refunds, benefits or other compensation if Customer requests Tangelo to delete the Account.

Sometimes Tangelo may request Customer’s ID data for security reasons or to verify the payments made. In these cases, Tangelo will need Customer to provide the correct details in order to perform the corresponding tasks. Failure to provide this information could lead to suspension or even cancellation of the Account.

Tangelo will request the Customer’s password when the Customer wants to block its Account.

The Account shall be deactivated, if there is no activity on the same within a period of 6 consecutive months. Tangelo will be able to cancel and/or suspend the Account eliminating in any case the chips associated with the such Account.

In case that, Tangelo terminates its activity or transfers its assets to a different entity, Customer shall keep the value of the acquired chips, without prejudice of Tangelo’s right to withdraw, suspend or cancel such chips acquired by the Customer as a result of a promotion, gift or prize awarded on the Site. In some cases, moderators on behalf of Tangelo may participate in public chats in order to observe that these Terms of Use are respected.

Pursuant to the United States Court of Appeals for the Ninth Circuit ruling in Kater v. Churchill Downs on March 28, 2018, the Company will no longer offer games in the state of Washington. Customers that are located in the state of Washington will no longer be permitted to access their Account. The Company will still maintain these Accounts, and Customers will be permitted to access their Accounts when they are physically located outside the state of Washington and in another jurisdiction in which Tangelo operates.


Responsible Use


Tangelo wants to provide the Customer with an entertaining and rewarding experience and would therefore make a series of recommendations for Customer

Prevent anyone to access your Account.

The Products and/or Services are of an entertainment nature; they are not a means of making money and/or any profit.

If at any time Customer feels it has lost the ability to control its usage of the Platform, Products and/or Services, Customer can request voluntary self-exclusion. In this event, Tangelo will cancel Customer’s Account and prevent registration through Customer’s e-mail account. This request must be channeled through the following e-mail address: supporttgisr@tangelogames.com

Use of the Platform, Products and/or Services is subject to full adherence with our internal codes of conduct as detailed below

Names. You can understand that certain player names can be inappropriate to play on this community. Among them, the names that have the following connotations or include:

Other Actions. The following actions, inter alia, are prohibited:

Pictures. Without derogating from any of the above prohibited actions, do not upload pictures that violate the author's right or that contain:

Chat. Without derogating from any of the above prohibited actions, some kinds of behavior on chat are considered inappropriate and prohibited:

If an Account does not obey these rules, it can be changed (as to eliminate the offense) and/or cancelled without notice. As a general rule, please notify the Company on any prohibited activity you encounter while using the Platform, Products and/or Services.



Privacy Policy


Use of the Platform, Products and/or Services is also governed by Tangelo's Privacy Policy. Tangelo may collect information about Customer, and use such information where Tangelo has a legal basis to do so. Such information may also include Customer’s comments, suggestions, and feedback on the Platform, and Tangelo may also track Customer’s use of the Platform through analytic tools.

Details on what information Tangelo collects, how Tangelo uses it and what choices Customer has when Customer uses the Platform, Products and/or Services are set forth in Tangelo’s Privacy Policy is incorporated herein by reference:


Privacy Policy

Disclaimer of Warranty and Limitations of Liability


THE USE OF THE PLATFORM, THE PRODUCTS AND/OR SERVICES DEPENDS AND RELIES ON THIRD-PARTY SERVICE PROVIDERS AND THIRD PARTY PRODUCTS, SERVICES AND INFRASTRUCTURE ENGAGED BY TANGELO AND/OR CUSTOMER. A NUMBER OF FACTORS MAY IMPACT THE QUALITY OF YOUR COMMUNICATIONS AND USE OF THE PLATFORM, THE PRODUCTS AND/OR SERVICES AND MAY RESULT IN THE FAILURE OF THE PLATFORM, THE PRODUCTS AND/OR SERVICES COMMUNICATIONS, INCLUDING, WITHOUT LIMITATION, THE PRODUCTIVITY, COMPLETENESS, RELIABILITY OF THE: LOCAL NETWORK, FIREWALL, INTERNET SERVICE PROVIDER, THE PUBLIC INTERNET, CUSTOMER’S DEVICE AND POWER SUPPLY. ANY FAILURE OR SLOWDOWN OR UNAVAILABILITY OF THE FOREGOING MAY DIRECTLY OR INDIRECTLY AFFECT THE MANNER IN WHICH THE PLATFORM, THE PRODUCTS AND/OR SERVICES FUNCTION. IF THE PLATFORM, THE PRODUCTS AND/OR SERVICES BECOME INACCESSIBLE TO CUSTOMERS OR NOT FULLY FUNCTIONAL, OTHER THAN DUE TO SCHEDULED MAINTENANCE OR REASONS BEYOND TANGELO’S REASONABLE CONTROL, TANGELO SHALL USE COMMERCIALLY REASONABLE EFFORTS TO RESPOND AND ENDEAVOR TO REMEDY SUCH UNAVAILABILITY OR FAILURE OF FUNCTIONALITY AS SOON AS REASONABLY POSSIBLE.

THE PLATFORM, THE PRODUCTS AND/OR SERVICES AND/OR COMPONENTS PROVIDED THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE PLATFORM, THE PRODUCTS AND/OR SERVICES, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, BUGS, VIRUSES, HARMFUL COMPONENTS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, THE PRODUCTS AND/OR SERVICES VICE BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, TANGELO ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF THE CONTENT OF THE PLATFORM, THE PRODUCTS AND/OR SERVICES OR CONTENTS OF ANY SITES LINKED TO THE PLATFORM, THE PRODUCTS AND/OR SERVICES, THAT ANY DATA STORED WITH TANGELO WILL BE SECURE OR OTHERWISE NOT LOST OR DAMAGED, OR THAT THE PLATFORM, THE PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TANGELO, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.

TANGELO SPECIFICALLY DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A NON-ADULTS, REGARDLESS OF WHETHER SUCH ACTIVITIES HAVE BEEN CONDUCTED WITH THE PERMISSION OF A PARENT OR LEGAL GUARDIAN OF A PERSON UNDER THE AGE OF 18.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION. CUSTOMER SPECIFICALLY ACKNOWLEDGE THAT TANGELO SHALL NOT BE LIABLE FOR CUSTOMER CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY THIRD PARTY.

WITHOUT DETRACTING FROM THE ABOVE, TANGELO OR ANYONE ON ITS BEHALF SHALL NOT BE LIABLE TOWARD CUSTOMER OR ANY THIRD PARTIES FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE OR INJURY TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND/OR PERSONAL INJURY, SUFFERED BY ANY PERSON ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO THE USE OF OR THE INABILITY TO USE THE PLATFORM, THE PRODUCTS AND/OR SERVICES AND ANY CONTENT AND/OR COMPONENTS PROVIDED THEREIN, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES WILL TANGELO OR ANYONE ON ITS BEHALF’S AGGREGATE LIABILITY TOWARDS YOURSELF FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING WITHOUT LIMITATION CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEED THE FEES ACTUALLY PAID TO TANGELO BY CUSTOMER IN THE 90 DAYS’ PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.


Indemnification


To the fullest extent permitted by applicable law, Customer shall defend, indemnify and hold Tangelo, its affiliates, and their respective officers, employees, consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, or proceedings brought against Tangelo by a third party, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:


Conditions of Registration and Participation


To take part in some of the Products and/or Services and events it is necessary to have a minimum amount of virtual currency (chips). There are several ways of obtaining these chips, such as purchasing them through different platforms. Customer may only use chips for personal, non-commercial use as part of the Products and/or Services. Customer cannot acquire ownership and/or title in or to the chips and/or any virtual items or goods available when using the Products and/or Services. Chips are not currency and are not property. A positive balance of chips does not reflect and/or entitle the Customer with any monetary value. Neither chips, nor any other virtual items or goods are tradable, exchangeable, transferable and Customer may not cause any disposition thereof to any third party, nor acquire or be a recipient of any such chips, virtual items or goods from any third party other than as permitted under these Terms of Use.

Tangelo has the right at all times, to change and/or terminate chips, virtual items or goods, Content, and/or the Platform, Products and/or Services, or any portion thereof, at any time, without notice or liability to Customer.


Right of Refund (refund policy)


Customers may ask for refund within 14 days of making payment for any chips purchased, and only if the used payment method supports such refunds.

The Customer requesting a refund must send an email to the address supporttgisr@tangelogames.com. Such request must indicate all Account information including Customer name, contact details, date and method of payment used.

Customer may exercise the right of refund ONLY when the chips have NOT been consumed.

Tangelo will process the return within a period of 14 days from the moment Customer’s refund request gets approved by Tangelo.


Miscellaneous


Independent Contractors. Nothing contained herein shall be deemed to create a joint venture, partnership, or agency relationship between Tangelo (and anyone on its behalf) and Customer.

Assignment. Customer shall not transfer, assign or pledge in any manner whatsoever any of its rights or obligations under these Terms of Use without the prior written consent of Tangelo. Any unauthorized transfer of rights under these Terms of Use by Customer shall grant Tangelo the right to cause the immediate termination or suspension of the Account. Tangelo may transfer, assign or pledge its rights or obligations under these Terms of Use.

Severability. If any portion of these Terms of Use are determined to be or becomes unenforceable or illegal, such portion shall be deemed eliminated and the remainder of these Terms of Use shall remain in effect in accordance with its terms as modified by such deletion.

Notices. Either party may change its address for notice by providing notice thereof to the other party in accordance with this section. Any such notice will be deemed as being received on the date of transmission of e-mail or personal delivery unless given outside normal business hours in which case such notice shall be deemed as being given on the next business day, or if sent by registered mail, on the fifth day after being sent (unless such day is not a business day in which event the notice shall be deemed as being given on the next business day).

Entire Agreement. These Terms of Use, shall constitute the entire agreement between Tangelo and Customer with respect to the subject matter hereof and supersedes all prior proposals, agreements, negotiations, understandings, and other communications between Tangelo and Customer.

Governing Law. These Terms of Use will be governed by and construed in accordance with the laws of the State of Israel without giving effect to principles of conflict of law. These Terms of Use expressly excludes and disclaims the terms of the UN Convention on Contracts for the International Sale of Goods, which Convention shall not apply to any transaction under these Terms of Use. All actions, suits or proceedings under or related to these Terms of Use shall be adjudicated in the courts of the State of Israel, to the exclusion of any other jurisdiction, and the parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.

Force Majeure. Tangelo shall not be in default, or held responsible, for damages caused by delay or failure to perform in full or in part its obligations under these Terms of Use, where such delay or failure is due to circumstances beyond Tangelo’s reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, embargo, accident, labor disputes, or shortage of material, equipment or transport, epidemic, pandemic, any law, regulation, or any ruling of court, tribunal or governmental agency.

Waiver. The failure of Tangelo to enforce any rights granted hereunder or to take action against Customer in the event of any breach hereunder shall not be deemed a waiver by Tangelo as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

No provision of this Agreement shall inure to the benefit of any third party, and no third party whatsoever shall be a third-party beneficiary to these Terms of Use or have any rights hereunder.