Terms and Conditions
1. We provide online and mobile financial games to You subject to the following terms and conditions contained within these Terms and Conditions (the "Terms and Conditions") which should be read carefully by You in its entirety prior to Your use of the Services. Please note that these Terms and Conditions constitute a legally binding agreement between You and Us.
3. In these Terms and Conditions, the following words and phrases shall (unless the context otherwise requires) have the meanings set out beside them:
"Account" shall mean a personal account opened by an individual, solely for that individual to enable that individual to wager at the Site.
"Game" shall mean the game of trading on the exchange rate of Bitcoin, in accordance with the Rules.
"Illegal Actions" shall mean illegal, unlawful, abusive, manipulative, fraudulent, money laundering, or other improper activities, including, but not limited to, (i) the use of devices and software such as robots or other high-speed trading systems, (ii) sale, transfer and/or acquiring Accounts from other Players, (iii) transfer of funds amongst Players' Accounts, (iv) acting in concert with others, (v) holding long and short positions at the similar time, (vi) influencing the exchange rate of the Bitcoin and/or the outcome of any wager, (vii) using any artificial intelligence software, or (vii) or breaking into the Site, as well as any attempt to do the same.
"Player" shall mean anyone who registers via the Site and opens an Account.
"Restricted Territories" shall mean any jurisdictions determined by Us at Our sole discretion for the purpose of blocking persons from those jurisdictions from playing the Game.
"Rules" shall mean the rules of the Game posted on the Site.
"Services" shall mean the Games and any other services and activities offered at the Site.
"Site" shall mean any website and/or mobile site and/or mobile application owned, operated or hosted by Us.
"We", "Our" or "Us" shall mean the operator of the Site and/or any subsidiaries, affiliates, employees, directors, officers, agents, suppliers, consultants, and contractors.
"You" or "You're" shall mean any user of the Site.
III. Subordination to the Terms and Conditions and the Binding Effect Thereof
4. Anyone registered at the Site, in accordance with the procedure specified hereafter, or participating in one of the Site's proposed activities, or uses the information published on the Site, accepts upon himself/herself, in free will and consent, the Terms and Conditions' authority, agrees to be bound by the Terms and Conditions, undertakes to act pursuant to the Terms and Conditions' stipulations and to the Rules, as they will be updated from time to time, without any reservation.
5. We are entitled to amend these Terms and Conditions at any time, and to do so according to Our absolute and exclusive discretion. Your only remedy in the case in which You do not wish to be bound by such amendment is to stop using Our Site and Services and to close Your Account.
6. These Terms and Conditions and the other terms and conditions referred to herein or incorporated by reference hereto, as may be updated or amended from time to time by Us, constitute the entire and whole agreement between You and Us. You confirm that, in agreeing to accept these Terms and Conditions, You have not relied on any representation except for any express representation made by Us in these Terms and Conditions.
IV. Who is Entitled to Participate
7. Using the Services is permitted solely to if You comply with all of the following:
a. On the participation date, You are eighteen (18) years old or of legal age as determined by the laws of the country where You live (whichever is higher); and
b. You do not violate any law or regulation as a result of using the Services. In this context it will be stressed, that if You reside or are present in any jurisdiction that prohibits using the Services offered at the Site (including without limitation any of the Restricted Territories) You shall not participate in the prohibited activity.
8. The Services are intended only for users who are not prohibited by the laws of any applicable jurisdiction from playing the Game on the internet and/or mobile devices. We do not intend to enable You to contravene applicable law. You represent, warrant, and agree to ensure that Your use of the Site and/or the Services will comply with all applicable laws, statutes, and regulations. The offering or availability of the Services shall not be deemed or interpreted as an offer or invitation by Us to use the Services if You reside in a place in which such use is forbidden by law (including without limitation the Restricted Territories), or where We, in Our sole discretion, elect not to offer Services. You shall be solely responsible for determining whether Your use of the Site and/or Services is legal in the place where You live and/or use the Site and/or Services. We make no representations or warranties, expressed or implied, concerning the legality of the Services and/or of the Site and/or of any person's participation in the Services through this Site, and shall not be responsible for any illegal use of the Site by You. It is Your responsibility to ensure that You comply with any and all laws applicable to You before registering or participating in any of the Services through this Site. You should consult with legal counsel in the applicable jurisdiction about the legality of Your use of the Site and/or the Services.
9. We reserve the right at any time to request from You evidence of Your residence, location, and/or age and reserve the right to suspend or cancel Your Account and exclude You, temporarily or permanently, from using the Services if satisfactory proof is not provided or if We suspect that You are underage and/or reside and/or located in any Restricted Territory and such satisfactory proof is not provided by You within three (3) days of Us requesting such proof. In any such case, We reserve the right to close Your Account and the balance in Your Account will be dealt with in accordance with Our decision.
10. Our employees, directors, and officers, as well as members of their families, affiliates or subsidiaries, and all other persons connected, directly or indirectly, to the computer systems or the security system employed by Us, as well as any person involved in the operation of this Site and the establishment thereof, including, but not limited to advertising, promotion and fulfillment agencies, insurers and legal advisers, webmasters and web suppliers and family members thereof, are not entitled to participate in any of the Services. For the sake of good order, it is clarified that any person who is not entitled to participate as aforesaid - as well as any other person who substitutes such excluded person - is also not entitled to any winnings from wagering via the Site, and We reserve the right to shut down his/her Account and seize any funds held in such Account.
V. Account Registration
11. Anyone interested in participating in the Services is obliged to register and open an Account at the Site.
12. For the purpose of registration, You must provide an email address (which will be Your user name) and a password (the "Identification Details").
13. You shall be fully and solely responsible to reserve in confidentiality Your Identification Details and not to transfer them to another. The full responsibility for unauthorized use of Your Identification Details lies solely with You, and You will bear alone all responsibility derived from unauthorized use of Your Identification Details. We have no obligation to maintain Your Identification Details. If You misplace, forget or lose Your Identification Details because of anything other than Our error, We shall not be liable for any direct or indirect loss associated with such occurrence.
14. We may require additional personal identification details upon any special circumstances including, but not limited to, suspected fraud or any other abusive activities, abnormal activity, and Your jurisdiction.
15. You hereby represent that the registration of Your Account is done personally by You and not by any third party.
16. By opening an Account, You hereby represent, warrant, acknowledge and undertake that (a) Your Account is for Your personal use only and not on behalf of any third party, and that You may only open a single Account at the Site, (b) any funds You will deposit in the Account may and will be used by You solely for playing the Game, (c) We are not a financial institution and any funds in Your Account shall not accrue any linkage differentials and/or interest, (d) You are of sound mind and You are capable of taking responsibility for Your own actions, (e) You have read, comprehended and fully understand the Rules, (f) You have read, comprehended and understood the disclaimer posted on the Site, (g) You will cooperate with Us and provide Us with all requested documentation in a full, complete and truthful manner, (h) You have verified and determined that Your use of the Services does not violate any laws or regulations of any jurisdiction that applies to You, (i) You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable due to Your use of the Site (j) You will use the Services in good faith towards Us and others using the Services (k) You shall be solely responsible for maintaining the confidentiality of Your user name and password required for entering Your Account, and for any and all actions and transactions taken in connection with Your Account by anyone who enters Your Account while using Your user name and password, and all such actions and transactions shall be deemed as actions and transactions taken by You, and (n) You will immediately inform Us of any suspected unauthorized use of Your Account.
17. You further represent, warrant, acknowledge and undertake that (a) You will not use Your Account, and will not allow any third party to use Your Account, for any Illegal Actions, (b) in case You will perform any Illegal Action We shall be entitled to disclose any and all of Your Account and information to the relevant authorities, and to suspend and/or cancel Your Account and confiscate any and all funds in Your Account, (c) You shall be solely responsible for all losses, liabilities, and damages incurred as a result of any Illegal Action performed by You and You shall indemnify Us for any such losses, damages and liabilities, (d) You have not had an Account in the past which was terminated or suspended by Us, (e) the funds deposited in Your Account are Yours and were not stolen or reported as lost
VI. Account Operation
18. It is unlawful to deposit any funds in Your Account from ill-gotten means, and You will not make such deposits. Without derogating from the above, You hereby acknowledge that We are authorized to check transactions to prevent money laundering, and will report any suspicious transactions to the relevant authorities.
19. In an event of a conflict between (i) the results published on the Site and/or received by You and/or provided by any third party, and (ii) the results registered with Our systems (or with systems operated on Our behalf by third parties), the latter shall prevail. You understand and agree that Our records (or records maintained on Our behalf) shall be the final authority in determining the terms of Your use of the Services.
VII. Our Powers and Authorities
20. We shall make commercially reasonable efforts to prevent any malfunctioning in the Site's activity. However, in any event of a technical failure (or any other error) in the Site's systems for any reason whatsoever, We will be entitled to cancel Your participation the Game, concerning which the malfunctioning has occurred. In such an event, Our responsibility and liability will be limited only to the wager placed by You, and Your Account will be credited accordingly.
21. We reserve the right to cancel, terminate, modify or suspend the Services and/or the Game if for any reason, the Services and/or the Game cannot be conducted as planned, including, but not limited to, infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond Our control.
22. If You are disconnected from the internet while playing a Game (not through any intentional disconnection on Your part of any other bad faith action), the Game's results and Your Account's balance will be kept as they were before such disconnection.
VIII. Reservations concerning Our Responsibility; Indemnification
23. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect loss which arises from these occurrences. We are not responsible for any problems or technical malfunction of any network or lines, Wi-Fi, Bluetooth, computers, systems, servers or providers, computer equipment and/or software. We shall not be responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Services and/or Your Account or which will result in damage to Your hardware and/or software and/or data.
23. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products and Services contained and/or offered at the Site for any purpose. All information, software, products and Services are provided "as is" without warranty of any kind. We hereby disclaim all warranties with respect to information, software, products and Services contained or offered at the Site, whether expressed or implied. We shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing at the Site, and You are invited to verify the information published at the Site.
24. We shall not be responsible or liable for any actions or omissions of internet service provider or any other third party which provides You with access to the Site and/or Services.
25. You shall indemnify Us and hold Us harmless, from and against all direct and indirect claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of these Terms and Conditions by You, and any other liabilities arising out of Your use of the Site or any unauthorized use of the Site by any third party using Your user name and password.
26. THE SITE, SERVICES, SITE'S CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH ARE PROVIDED "AS IS", AND WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESSED OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS OR OF APPLICABLE LAWS AND REGULATION IN RESPECT OF THE SITE, SERVICES, SITE'S CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH, OR THAT THE SITE, SERVICES, SITE'S CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR WILL BE FREE OF VIRUSES OR BUGS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION THROUGH THE SITE OR SERVICES.
IX. Intellectual Property
27. All the rights, including the intellectual property rights (i.e., patents, copyright, trademarks, service marks, logos, trade names, know-how or any other intellectual property right) concerning the Site, and all of its content (including, but not limited to, programs, files, video, audio, pictures, graphics, pictures, text and software), and/or Services (collectively the “Rights"), are and shall remain Our and/or Our licensors' sole and exclusive property. You may not use any of the Rights without Our prior written approval, except pursuant to these Terms and Conditions, and You shall not, by using the Services or otherwise, acquire any rights in any of the Rights. Without derogating from the above, You are strictly prohibited from: (i) copying. redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the Services and/or the Site to create derivate works of the source code; (ii) selling, assigning, licensing, sublicensing, transferring, distributing the Services, and (iii) making the Services and/or the Site available to any third party.
X. Customer Support
28. You may contact Us in connection with anything related to the Site and/or the Services via our customer support, which is available at firstname.lastname@example.org.
29. These Terms and Conditions and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of the State of Israel, and You irrevocably submit to the exclusive jurisdiction of the competent courts of the Tel Aviv District, Israel, with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and Conditions and the relationship between You and Us.
30. We may transfer or assign any and all of Our rights and obligations hereunder to any third party; without derogating from the above, the Site and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under these Terms and Conditions.
31. Unless explicitly stated in these Terms and Conditions, nothing in these Terms and Conditions shall: (i) be construed as creating any agency, arrangement, trust of fiduciary relationships or any similar relationship between You and Us; (ii) create or confer any rights or benefits to any third party, and/or (iii) grant You any security interest in any asset of Ours, including (but not limited to) any sum held in Your account.
32. We may provide You with notices with respect to or in connection with these Terms and Conditions via e-mail and/or through the Site, and such notice shall be deemed received by You within one hour from the time it is sent or posted in the aforesaid manner.
33. These Terms and Conditions have been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of these Terms and Conditions and the English language version, the meaning of the English language version shall prevail.
34. No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
35. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the remainder of these Terms and Conditions shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
Valid until further notice