IMPORTANT – PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCEPTING THESE AGREEMENTS, THEN PRINT THESE TERMS OF SERVICE AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, SMS MESSAGES, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE PLATFORMS AND/OR SERVICES. WE WILL NOT FILE OUR CONTRACT WITH YOU SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE (AS SET OUT BELOW).
You accept to be bound by these Terms of Service by clicking on “Submit” or “I Agree” and/or by using the Services (as defined below). After You (as defined below) click on “Submit” or “I Agree” or when You use the Services, a legally binding agreement on these Terms of Service is concluded between:
- you, the end user (“You“); and
- Luck Genome Limited, a company registered in Israel whose registered office is located at Hata'asiya 9, Tel-Aviv, Isreal (referred to hereinafter as, “Luck Genome“, “We“, “Us” or “Our” as appropriate). (References to Luck Genome in these Terms of Service shall include any Luck Genome affiliates which shall include subsidiaries, parent companies, joint ventures and any other entities under common ownership.)
1. THE SERVICES
1.1. Luck Genome shall provide social games and related services (the “Services”), which may be accessible through social networking sites, applications for mobile devices, Luck Genome branded websites and/or any other online or mobile platform provided by Us (each individual site or application being a “Platform”). You shall be able to access the Services using Your Account (as defined below).
2. GOVERNING AGREEMENT
2.2. If the Agreements are translated into another language, the English language version will prevail in the event of any conflict between the translation and the English language version.
2.3. Please note that these Terms of Service shall prevail in the event of any conflict between these Terms of Service and any of the game rules or other documents referred to in these Terms of Service.
2.4. By clicking on “Submit” or “I Agree” and accepting these Terms of Service, or by using the Services, You are also acknowledging and accepting these Agreements. Access to, and use of, the Services is governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice.
4. APPLICABILITY OF TERMS OF SERVICE
4.1. By using the Services, and/or by acknowledging that You have read the Terms of Service when You register to join and/or by clicking on the “Submit” or “I Agree” button when You install any of the software relating to the Services provided via the Platforms, or when You register for Your Account, You are agreeing to comply with these Terms of Service and You acknowledge that Your failure to comply with the Terms of Service may result in disqualification, the closure of Your Account (as defined in Section 6 below), forfeiture of any virtual funds and/or legal action against You, as appropriate and as further specified in these Terms of Service.
4.2. You acknowledge that if You accept these Terms of Service, We will start providing You with the benefit of the Services immediately. As a consequence, if You accept the Terms of Service when registering for the Service, You will not later be able to cancel Your registration, although You can terminate Your acceptance of the Terms of Service and close Your Account in accordance with Section 12 below.
5. LEGALITY OF USE OF THE SERVICES
5.1. You may only use the Services if You are 18 years of age or over (or such other higher minimum legal age in Your jurisdiction) and it is legal for You to do so according to the laws that apply in Your jurisdiction. We reserve the right to ask for proof of age from You and Your Account may be suspended until satisfactory proof of age is provided.
5.2. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services.
5.3. Without limitation to the above, access to the Services may be restricted from certain territories.
5.4. Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way.
5.5. In any event, and in addition to the restrictions set out above, You shall not:
- use the Services if You have been previously banned from playing any other Luck Genome games;
- use the Services in an illegal manner or to engage in illegal conduct;
- use the Services for any commercial purposes; or
- have more than one Account (as defined below) per Platform.
6. ACCOUNT / REGISTRATION
6.1. To use the Services, You may need to register for an account on the Service (an “Account”) in addition to having either (i) a genuine account on a social networking site; and/or (ii) a genuine account with an applications provider for Your mobile device, through which You will be able to access the Services. You may need to download and install software as provided on the Platform in order to access the Services.
6.3. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We shall have the right to suspend or terminate Your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). For the avoidance of doubt, You shall not create an Account on behalf of anyone else and under no circumstances shall You create an Account for a child under the age of 18 (or other such minimum legal age as in Your jurisdiction).
6.4. To use certain Services You may first need to download and install software as provided on the relevant Platform.
6.5. You understand that on certain Luck Genome websites Your unique account name and profile picture may be made publicly available and this information may also be picked up by internet search engines.
7. VIRTUAL CURRENCY AND VITRUAL ITEMS
7.1. When using the Service You may choose to purchase, with “real world” money, a licence to use (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, the “Virtual Items”).
7.2. Any purchases You make in order to acquire a licence to use Virtual Items are non-refundable. You can purchase licences for Virtual Items by visiting the purchase page in the Services, providing Your credit/debit card details, confirming the particulars of Your purchase and re-affirming Your acceptance of the Agreements, including these Terms of Service. When You purchase a licence for Virtual Items from the Service, We may send You a confirmatory email containing details of the items You have ordered. You shall immediately after receipt of such confirmation check that the details set forth in the confirmation are correct and maintain a copy of it for Your records. We may keep records of transactions in order to deal with any subsequent queries.
7.3. For Virtual Items, Your order will represent an offer to Us to purchase a licence for use of Virtual Items within the Service which will be accepted by Us when We make the Virtual Items available to You either (i) when You have achieved a specified goal within the Service, or (ii) You opt to purchase Virtual Items with ”real world” money and You provide Us with Your credit/debit card details. Your licence to use Virtual Items within the Service shall commence upon acceptance by Us of Your purchase of Virtual Items. By ordering a licence to use Virtual Items, You agree and accept that We will provide it to You promptly following completion of Your purchase.
7.4. You understand that while at times You may “earn”, “buy” or “purchase” Virtual Items, these terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the “value” of the Virtual Items does not refer to any credit balance of real currency or its equivalent. Rather, You may purchase a limited licence to use the Services, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited licence referred to in these Terms of Service is a completed transaction upon receipt of Your direct payment, subject to any relevant policies and terms of service.
7.5. If You reside in the European Union and purchase a product or service from Us, You have the right to withdraw from a purchase within fourteen calendar days, starting on the day after the date of purchase. In case the performance of the Services purchased from Us begins before the end of this fourteen day period You lose Your right of withdrawal. In case You legitimately make use of Your right of withdrawal within the maximum period of fourteen days from the day after the date of purchase We will credit Your Account with the respective amount relating to the Virtual Items and/or other goods or services.
7.6. You agree to pay all fees and applicable taxes incurred by You or anyone using an account registered to You. It lies in Our sole discretion to revise the pricing for the Virtual Items and/or other goods or services We license to You through the Service at any time. You acknowledge by accepting these Terms of Service that We are not required to provide a refund for any reason, and that You will not receive money or other compensation for unused Virtual Items when Your licence to access and use the Service is revoked or Your Account is closed, whether this was voluntary or involuntary.
7.7. Transfers of Virtual Items is strictly prohibited, except where explicitly authorised within the Services or by Luck Genome. Outside of the Services, You may not buy or sell any Virtual Items for “real money” or otherwise exchange items for value. Any attempt to do so is in violation of these Terms of Service and may, at Our sole discretion, result in a lifetime ban from the Services and in a possible legal action. Virtual Items may never be redeemed for “real money”, goods or other items of monetary value from Us or any other party.
7.8. All Virtual Items are forfeited if Your licence is revoked or suspended or Your Account is terminated or suspended for any reason, in Our discretion, or if We discontinue providing the Services.
8. YOUR USE OF THE SERVICES
8.1. We reserve the right to suspend, modify, remove and/or add to any of the Services in Our sole discretion with immediate effect and without notice and We will not be liable for any such action. We further reserve the right to suspend Your use of the Service from time to time.
8.3. We forbid the use of all unfair practices when using the Services. We do this to protect Our users and the integrity of the Services. If any user is found to be participating in any form of collusion or other activities that We consider to constitute cheating his or her Account may be permanently closed.
8.4. We forbid the posting of any prohibited Third Party Content on Our Platforms (see Section 9 below).
8.5. Subject to these Terms of Service, We grant You a non-exclusive, non-transferable, revocable limited licence, to access and use the Service. Any use of the Service in violation of these Terms of Service is strictly prohibited and may result in the immediate revocation of Your limited licence granted hereunder, and may subject You to liability for violations of law. Any attempt by You to disrupt or interfere with the Service, including undermining or manipulating the legitimate operation of the Service, is a violation of these Terms of Service and may be a violation of criminal and civil laws.
8.6. You and Your activities on the Services will not:
- reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual;
- attempt to impersonate any other party;
- mislead others as to the origins of Your communications;
- trick, defraud or mislead Us and other users, especially in any attempt to learn sensitive information;
- make improper use of Our support services or submit false reports of abuse or misconduct;
- engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, Ponzi scheme or other multi-tiered marketing scheme;
- disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Service;
- violate these Terms of Service or any local, state, federal or international law, rule or regulation or any other requirements or restrictions;
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Service and User Content (as the term is defined below) or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service and the User Content;
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorised script or other software;
- cover or obscure any notice, banner or advertisement on the Service;
- disguise the source of Your User Content or other information You submit to the Service or use tools which anonymise Your internet protocol address (e.g. anonymous proxy) to access the Service;
- interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the User Content;
- sell the Service or any part thereof, including but not limited to, and access to it in exchange for real currency or items of monetary value; or
- engage in cheating or any other activity deemed by Us to be in conflict with the spirit or intent of the Service.
8.7. It is Your responsibility to provide all equipment and/or software which may be necessary in order for You to access the Service, including, but not limited to, a mobile device which is compatible with the Service if applicable.
8.8. For the avoidance of doubt, should You incur any fees in accessing the Service (e.g. internet charges and/or mobile device fees) it shall be Your sole responsibility to pay those fees.
9. USER CONTENT AND THIRD PARTY CONTENT
9.1. The Service may invite You to chat or participate in blogs, message boards, online forums and other functionality and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Us and/or to or via the Services, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any such material You transmit to Us will be treated as non-confidential and non-proprietary.
9.2. You agree that Your User Content is wholly original and You exclusively own the rights to Your User Content, including the right to grant all of the rights and licences in these Terms of Service without Us incurring any third party obligations or liability arising out of Our exercise of the rights thereto granted herein by You.
9.3. You grant to Us the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and licence to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
9.4. We have no obligation to monitor or enforce any intellectual property rights that may be associated with Your User Content, but We do have the right to enforce such rights through any means We see fit, including bringing and controlling actions on Your behalf.
9.5. You acknowledge that You do not rely on Us to monitor or edit the Service and that the Service may contain content which You find offensive and You hereby waive any objections You might have with respect to such content.
- include any offensive comments that are connected to race, religion, belief, national origin, gender, sexual preference or physical handicap;
- include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
- defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
- promote violence or describe how to perform a violent act;
- violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
- be in violation of these Terms of Service; or
- represent any other activity deemed by Us to be in conflict with the spirit or intent of the Service.
9.7. We do not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the Service or its forums and, therefore, We specifically disclaim any responsibility with regard thereto.
9.8. We may reject or delete any text, files, images, photos, video, sounds, or any other materials (“Third Party Content”) posted by You on the Platforms which in Our sole opinion breaches the terms of these Agreements.
9.9. We do not claim any ownership rights in any Third Party Content posted by You on Our Platforms. You agree that You are solely responsible for any Third Party Content posted by You under Your Account Name.
9.10. You hereby grant to Us a non-exclusive, royalty-free, worldwide, perpetual licence (including the right to sublicense) to use (and to make such copies thereof as We deem necessary in order to facilitate the posting and storage of Your Third Party Content on Our Platforms or in connection with any promotions in all media now known or hereinafter developed.
- 9.11. You warrant to Us that You have full power and authority to grant the licence at 9.10 above and that the Third Party Content posted by You:
- does not infringe any third party’s intellectual property rights, other proprietary rights or rights of publicity or privacy;
- does not violate any law, statute, ordinance or regulation;
- is not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- is not obscene or pornographic and do not contain child pornography;
- does not violate any laws regarding unfair competition, anti-discrimination or false advertising;
- does not constitute any of the types of prohibited Third Party Content as set out in clause 9.13 below) and
- does not contain any viruses, trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
9.12. You agree to pay for all royalties, fees or any other monies owed to any third party as a result of You posting any Third Party Content on any of Our Platforms.
9.13. You acknowledge that the following constitutes (but is not limited to) prohibited Third Party Content: Third Party Content which:
- is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or exploits, harasses or advocates harassment of any person;
- constitutes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- contains nudity, excessive violence, or offensive subject matter or links to any such content;
- solicits personal information from anyone under eighteen years of age;
- contains information that poses or creates a privacy or security risk to any person;
- contains an unauthorised copy of another person’s copyrighted work; and
- includes a photograph or video of another person that You have posted without that person’s consent.
9.10. Any violation of this Section 9 may result in removal of the Third Party Content, a suspension of Your use of the Services and/or such other action as may be reasonably required by Us to ensure compliance.
10. INTELLECTUAL PROPERTY
10.1. You acknowledge and accept that all trademarks, commercial names or logos, and all industrial and intellectual property rights, relating to the content and/or any other elements included in the Service, are the exclusive property of Us and/or third parties, who have the exclusive right to use them commercially. Under no circumstances shall access to the Service imply any kind of waiver, transfer, licence or assignment of said rights, in whole or in part, except where expressly stated to the contrary. The Terms of Service confer on You no right to use, alter, exploit, reproduce, distribute or publicly display the Service and/or its contents in any way other than expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express written authorisation specifically granted for that purpose by Us or the third party who holds the rights concerned.
10.2. Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Us and are protected by law from unauthorised use. Upon the acceptance of these Terms of Service You acknowledge Our exclusive (intellectual) property of the Service as well as the systems regulated by Us.
10.3. You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any Virtual Items.
10.4. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without Our express prior written permission.
10.5. All comments, feedback, suggestions, ideas, and other submissions (hereinafter “User’s Input”) disclosed, submitted, or offered to Us in connection with the use of the Service shall be Our exclusive property. You agree that unless otherwise prohibited by law We may use, sell, exploit and disclose the User’s Input in any manner, without restriction and without compensation to You.
11. DISCLOSURE OF ACCOUNT NAME AND PASSWORD
11.1. Every person who identifies himself by entering a correct Account name and password is assumed by Us to be the rightful Account holder and all transactions where the Account name and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorised use or misuse of Your login details. We shall not be required to maintain Account names or passwords. If You misplace, forget, or lose Your Account name, username or password, We shall not be liable.
12.1. Without limiting any other remedies, We may limit, suspend, terminate, modify, or delete Your access to the Services, or portions thereof, if You are, or We suspect that You are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Services, with or without notice to You. You can lose any benefits, privileges, earned Virtual Items and purchased Virtual Items associated with Your use of the Services or a termination or suspension of the Services, and We are under no obligation to compensate You for any such losses or results.
12.2. Without limiting Our other remedies, We may limit, suspend or terminate the Services or portions thereof, prohibit access to the Services, delay or remove hosted content, and take technical and legal steps to prevent You from accessing the Services if We believe that You are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of the Terms of Service. Additionally, We may, in appropriate circumstances and at Our sole discretion, suspend or terminate Your access to the Services if We believe You may be an infringer of third party intellectual property rights.
12.3. We reserve the right to stop offering and/or supporting the Services, or part of the Services, at any time either permanently or temporarily, at which point Your use of the Services or a part thereof will be automatically terminated or suspended. In such event, We shall not be required to provide refunds, benefits or other compensation to You in connection with such discontinued elements of the Services.
12.4. Termination of Your Account can include disabling Your access to the Services, or any part thereof, including any content You submitted or others submitted.
13.1. You agree that You will only use the Services in accordance with the Agreements. You will compensate Us in full for any losses or costs (including reasonable legal fees) which We (or any member of our Group) incur arising from any breach by You of the Agreements.
14. DISCLAIMERS / LIMITATIONS / WAIVERS OF LIABILITY
14.1. Your access to the Services, download of any software relating to the Services and use of the Services or any information We may provide in connection with Your use of the Services is at Your sole option, discretion and risk. You expressly agree that the Services are provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty (30) days from first use or the minimum period required).
14.2. Without limiting the foregoing, We, including Our affiliates or subsidiaries, officers, directors, agents, attorneys, employees, third-party content providers, and distributor licensees or licensors (collectively, “Our Parties”), shall not be liable for any malfunctions of the computer programs relating to the Services, errors, bugs or viruses resulting in lost data or any other damage to Your computer equipment, mobile phone or mobile device, or software. Furthermore, We and Our Parties shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by Us. We are not required to provide redundant or backup networks and/or systems.
14.3. To the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to the use of, or inability to use, the Services under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence). We and Our Parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, the Services.
14.4. You further specifically acknowledge that We and Our Parties are not liable, and You agree not to seek to hold Us liable, for the conduct of third parties, including other users of the Services and operators of external sites, and that the risk of the Services and external sites and of injury from the foregoing rests entirely with You.
14.5. To the extent permissible under applicable laws, under no circumstances will We and Our Parties be liable to You for more than the amount You have paid Us in the one hundred and eighty (180) days immediately preceding the date on which You first assert any such claim.
14.6. You acknowledge and agree that if You have not paid Us any amounts in the one hundred and eighty (180) days immediately preceding the date on which You first assert any such claim, Your sole and exclusive remedy for any dispute with Us is to stop using the Services.
14.7. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in the section may not apply to You. In particular, nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Us.
14.8. We assume no liability for damages whatsoever, arising through the abuse of the Services.
15.1. You agree to defend, indemnify and hold harmless Us and Our Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of Your use of the Services and/or Your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms of Service. We reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defence of these claims. You agree that the provisions in this paragraph will survive any termination or suspension of Your Account(s) or the Service.
16. DISPUTES WITH OTHER USERS
16.1. We reserve the right, but have no obligation, to monitor and/or manage disputes between You and other users of the Services. If You have a dispute with other users, You release Us and hereby agree to indemnify Us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
17. NOTICES / COMPLAINTS
17.1. We may notify You via postings on the Social Network or website from which You access the Service, via email or via any other communication channel which You have provided to Us. All notices given by You, or required from You, under these Terms of Service shall be in writing and addressed to: Suite 6, Atlantic Suites, Europort Avenue, Gibraltar. Any notices that You provide without compliance with this Section 17 shall have no legal effect.
17.2. In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by Us, You should in the first instance contact Us in accordance with Section 17.1 above.
18. DATA PROTECTION
18.2. You agree to the storage and automation aided use of Your Information given to Us in the course of using the Services.
18.4. You should assume that all use of Our website, and emails, SMS and telephone calls between You and Us will be recorded. These recordings will be Our property and may be used as evidence in the event of any dispute or to improve customer services.
19. GOVERNING LAW
19.1. These Agreements shall be governed by and construed in accordance with the laws of Gibraltar. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Gibraltar for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
20.1. We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
21. THIRD PARTY RIGHTS
21.1. Except insofar as these Terms of Service expressly provide that a third party may in their own right enforce a term of these Terms of Service, a person who is not a party to these Terms of Service has no right under local law or statute to rely upon or enforce any term of these Terms of Service but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.
21.2. For the avoidance of doubt, any affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership, of Us is an intended third party beneficiary of these Terms of Service.
22. THIRD PARTY ADVERTISING
22.1. You understand that the Service may feature advertisements from Us or third parties.
22.2. We may provide links on the Services to third party websites. Any charges or obligations You incur in Your dealings with these third parties are Your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Services, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Us and may collect data or solicit personal information from You. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Us of these linked sites. You acknowledge that We have not reviewed any of such third party websites and do not control and are not responsible for these websites or their content or availability.
23. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
23.1. You fully understand and agree to be bound by these Terms of Service as modified and/or amended by Us from time to time. We may amend these Terms of Service at any time either by emailing or SMS messaging You notification of the new terms and/or by publishing the modified Terms of Service on any place through which You access the Service. Any such modification will take effect within twenty four (24) hours of publication. If any modification is unacceptable to You, Your only recourse is to terminate these Terms of Service. Your continued use of the Service following notification will be deemed binding acceptance of the modification. It is Your sole responsibility to review these Terms of Service and any amendments each time You access or use the Services. These Terms of Service and the documents referred to herein represent the complete and final agreement between You and Us in relation to these terms and supersede any and all prior agreements between You and Us.
24.1. You acknowledge that the rights granted and obligations made hereunder to Us are of a unique and irreplaceable nature, the loss of which shall irreparably harm Us and which cannot be replaced by monetary damages alone so that We 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. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit Your claims to claims for monetary damages (if any).
24.2. Our failure to require or enforce strict performance by You of any provision of these Terms of Service or to exercise any right under them shall not be construed as a waiver or relinquishment of Our right to assert or rely upon any such provision or right in that or any other instance.
24.3. In case any one or more of the provisions contained in these Terms of Service shall be invalid, illegal, or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. In lieu of the invalid or inoperable provision, these Terms of Service shall be applied in a reasonable manner, which, so far as legally permissible, comes as close as possible to the application of what the Parties intended, according to the spirit and purpose of these Terms of Service. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Our request, You will furnish Us any documentation, substantiation or releases necessary to verify Your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against Us by virtue of having drafted them. You hereby waive any and all defences You may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.