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NeonGamez : Games without violence.

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Terms of Use

A. Introduction

1. Welcome to the website NeonGamez.com (jointly hereinafter: “the Website”) and/or the “NeonGamez” games (hereinafter: “Games”) of NeonGamez (hereinafter: “the Company”).

2. You are requested to carefully read all of the following Terms of Use (hereinafter: “Terms of Use”).

3. By approving the Terms of Use and/or browsing and/or entering the Website and/or the Games you shall be deemed to have agreed to all the Terms of Use and the entire contents of the Company’s privacy policy document which constitutes an integral part of the Terms of Use.

4. The Terms of Use regulate the relationship between the proprietor and/or managers and/or operators of the Website and/or the Games – the Company and any corporation and/or entity of one kind or another (hereinafter: “User”) who shall utilize the Website and/or the Games and/or their functions. Therefore, a User who browses and/or utilizes the Website and/or the Games, declares that he has read, is aware of and agrees to all the Terms of Use, without exception, and agrees and undertakes to comply with them.

5. If you do not agree to some or all of any of the Terms of Use, you are requested not to use of the Website and/or the Games and/or their functions.

6. The Terms of Use are intended to apply to both men and women alike and are drafted in the masculine gender for reasons of convenience only.

7. The headings which are set out in these Terms of Use have been added for convenience only and no other meaning shall be attributed to them and/or use made of them for the purposes of interpretation.

8. For the avoidance of doubt and without derogating from what is stated above and hereinafter, the purchase of one electronic product or another which was supplied to the Customer by the Company may not be cancelled.

9. The Company reserves to itself the right to cancel any order should it see fit in its sole discretion to do so.

B. Intellectual property

10. The Company is the proprietor of all the rights, including all the intellectual property rights, in the Website and in the Games and in any content and/or information and/or exhibit and/or software and/or graphic design appearing within the framework thereof as well as in its trademarks, excluding publications/content/information/graphic designs which were uploaded to the Website/application and belong to third parties, and the proprietor of any trade secrets which were developed and/or designed and/or composed and/or created by the Company and/or any of its representatives and/or agents and/or the rights therein that were transferred to the Company by a third party.

11. The User shall not without the Company’s prior written permission copy and/or duplicate and/or distribute and/or transfer to a third party and/or publish and/or use the content/ information/exhibits/applications/graphic designs and/or trademarks belonging to the Company, and/or take any action in relation to them, directly or indirectly, which is prohibited by law, including, inter alia, the Copyright Law, 5768-2007 and/or the Trademarks Ordinance, 5732-1972 and/or the Commercial Torts Law, 5759-1999.

C. Limitation on the Company’s and/or its representatives’ warranty

12. The games received by you AS IS.

13. The Company may prevent and/or stop the User and/or any other party from using the Website and/or the Games should it decide in its discretion that the manner in which they are using it is inappropriate and/or unreasonable.

14. The User alone is responsible for backing up all the information and/or data which shall be given by him to the Company and he shall not make any claim and/or demand whatsoever against the Company and/or any of its representatives in this regard and he hereby fully, peremptorily and absolutely relinquishes in advance any relief of any kind against the Company and/or any of its representatives pertaining thereto.

15. The User undertakes not to transfer and/or upload to the Website and/or to the Games anything which may damage the Website and/or the Application and/or the Company and/or any of its representatives and/or others and/or malicious content of any kind and/or “viruses” and/or “Trojan horses”, etc. The User shall be solely responsible for any damage of any kind which the Company and/or any of its representatives and/or any third party shall sustain in this regard.

16. Neither the Company nor any of its representatives shall be responsible for any action of any kind which shall create a relationship between the User and any third party as a result of his use of the Website and/or the Games.

17. Neither the Company nor any of its representatives shall be responsible for the reliability, accuracy or implementation of the various actions taken in relation to the Website and/or the Games, or their content and functions, which were not impaired due to an act of the Company and/or any of its representatives.

18. Without derogating from any of the foregoing provisions in these Terms of Use, neither the Company nor any of its representatives shall directly or indirectly be held accountable and/or bear responsibility for any damage of any kind, including direct, indirect, resultant, special, pecuniary or other damage which shall allegedly be caused to the User and/or to any third party in the wake and/or as a result of any use made by the User and/or anyone acting on his behalf, of the Website and/or the Games, whether in reliance upon these Terms of Use or in reliance upon the Company’s privacy policy document, based upon tort, strict liability and/or any other cause of action. The User hereby declares that neither he nor any other party shall make any complaint and/or claim and/or demand against the Company and/or any of its representatives in these matters and he hereby fully, peremptorily and absolutely relinquishes in advance any relief of any kind against the Company and/or any of its representatives pertaining thereto.

19. The User undertakes to join in any legal and/or quasi-legal proceedings which shall be taken (if at all) against the Company and/or any of its representatives with respect to his use of the Website and/or the Games and/or their functions and to exclusively bear all legal liability attributable thereto and all expenses and damages of any kind which the Company and/or any of its representatives shall incur or sustain as a result thereof.

20. Without derogating from all of the foregoing, a breach by the User and/or by anyone acting on his behalf of any of these Terms of Use shall also entitle the Company and/or any of its representatives, in addition to the reliefs which the User and/or anyone acting on his behalf owes them according to law, to full and immediate indemnification and compensation for all the damages and expenses which they shall sustain and incur as a result of the breach, including their legal costs.

D. General

21. The Company may from time to time make such changes to the Terms of Use as it shall in its sole discretion see fit, and without having to notify the User and/or any other party before doing so, and the User hereby agrees in advance to any change of one kind or another which shall be made to them, and that any such change shall
be valid and binding upon him and/or anyone acting on his behalf and/or in relation to his contract with the Company and/or any of its representatives regarding all matters concerning and/or deriving from the Website and/or the Games.

22. The Company may from time to time, and in its sole discretion, change the format and/or structure of the Website and/or the Games, suspend them, inter alia for maintenance purposes, and even temporarily or permanently close them, without having to notify the User and/or any other party before doing so.

23. A waiver by one of the parties of any right granted to him under the Terms of Use shall not constitute a precedent to be applied in another case and that party shall not be precluded from retracting his concession and realizing the right which he waived as aforesaid at any time.

24. No change, amendment, concession, extension, addition to, waiver, deferral or cancellation of, or release from all or some of the Terms of Use shall be valid unless made expressly and in writing by the Company.