Dopa-Mine Terms of Use

Dopa-Mine Terms of Use

 

Welcome to Dopa-Mine. We bet you’ll like it here! 

The mobile app (the “App“) is a copyrighted work (will be referred as “us, “our, the “companyand “we). Certain features of the App may be subject to additional guidelines, terms, or rules, which will be posted on the App in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

Dopa-Mine is a mobile app that acts as a social game arena, allowing its Users (the “User“) to play on real life events (personal or public “Games) and guess their outcomes. The Games shall be created and played pursuant to these Terms and other terms and conditions available on the app.

These Terms of Use (these “Terms) set forth the legally binding terms and conditions that govern your use of the app. By accessing or using the app, you are accepting these Terms. you may not access or use the app or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, Please do not access and/or use the app. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE APP AND TO ENTER INTO AN AGREEMENT BASED ON THESE TERMS. BY REGISTERING TO THE APP, YOU DECLARE THAT YOU ARE AT LEAST 18 YEARS OLD. Dopa-Mine MAY TERMINATE YOUR ACCOUNT IF IT FINDS THAT YOU ARE YOUNGER THAN THE MINIMUM AGE SPECIFIED ABOVE. WE MAY AT ANY TIME REQUEST ADDITIONAL INFORMATION TO CONFIRM YOUR AGE. THESE TERMS DO NOT APPLY TO OTHER WEBSITES (THAT POST DIFFERENT STATEMENTS), REGARDLESS OF WHETHER OR NOT OUR APP LINKS TO THEM OR NOT.

1. services provided by the app.

1.1 The App offers Games arena where a user can guess an outcome of a game or event, and win prizes.

1.2 Each User of the App can act as a Game Creator and/or a Game Participant. If the Game Creator and the Game Participant agree to the terms of a game, a direct binding agreement is formed between them. The Game Creator is in charge of updating the game outcome. The Games presented and/or provided via the App do not form any relations between the Users and Dopa-Mine. Dopa-Mine IS NOT connected to the Games and DOES NOT take any liability for users actions and behaviors. Dopa-Mine solely allows the connection of Users with respect to the Games through the App.  

1.3 You hereby acknowledge that Dopa-Mine does not oversee, spectate, see through, or regulate the games and specifically disclaims (to the extent permitted by law) any responsibility and/or liability for such games in any manner as detailed below. Dopa-Mine does not guarantee the fulfillment and/or quality of the games, warrant to the condition, quality or availability for a particular purpose, or compliance with any law, statute, ordinance, regulation, or code. 

1.4 You agree to operate strictly in accordance with any instruction provided by the applicable User, with due care and diligence, only for its intended purpose and in accordance with the instructions and recommendations supplied by the Game Creator. 

2. Accounts

2.1 Account Creation. In order to use features of the App, you need to register for an account (the “User Account) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the App. Dopa-Mine may suspend or terminate your Account in accordance with these Terms in our sole discretion. 

                    2.2 Premium Account: The company may add a feature of a “Premium Account. Each User can upgrade the Account to a premium account for a monthly payment set by the company. The Premium Account will provide its Users special games and features.

2.3Account Responsibilities.You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account (e.g. not sharing your password with anyone or letting others use it). You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Dopa-Mine cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. 

3. Prohibited use. Users are not authorized to promote and/or offer the following products on the App: DRUGS, WEAPONS, FIREARMS, HEALTH & MEDICAL EQUIPMENT, PORNOGRAPHY and/or any other items that are prohibited from being traded and/or used and/or held and/or distributed in the Users jurisdiction according to applicable laws. Users will not propose and/or perform any illegal actions and/or purposes. You may use the App only for lawful purposes and in accordance with these Terms and agree not to use the App; (1) in any way that violates any applicable federal, state, local or international law or regulation; (2) to impersonate or attempt to impersonate another User or any other person or entity; and (3) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the app, the users or expose them to liability. As a result of those misuses of the app, we might delete your contant and/or your account, without any explanation.

4. Access to the app

4.1 License. Subject to these Terms, Dopa-Mine grants you a non-transferable, non-exclusive, revocable, limited license to use and access the App solely for your own personal, noncommercial use.

4.2 Service Disclaimer. The App may offer, amongst others, Services or software, or certain products connected to the Games. The App provides analysis and offerings to assist your decision-making process of desired Games, and may assist Users that Create Games to calculate the reasonable price for the game, as applicable. All such information, including links to other platforms/apps, as applicable, pricing offers and reference materials published and/or presented to you with respect to the games, do not in any way constitute general advice by way of purchase of a certain product and/or service proposed by a User and/or supplier of the App. Nothing herein constitutes a recommendation, opinion or endorsement of any kind and does not in any way constitute financial advice.

4.3 You agree to hold complete and full responsibility for your decisions. Dopa-Mine does not guarantee the completeness or accuracy of the information presented in the App and is not liable for any errors in actions taken in reliance thereon. Each User’s personal preferences are unique, and any proposal given by the App is not to be referred to as professional advice and/or guidance. 

4.4 WE DO NOT BECOME INVOLVED IN LEGAL DISPUTES BETWEEN USERS AND/OR CONTENT PROVIDERS AND/OR THIRD PARTIES. WE TAKE NO RESPONSIBILITY AND DO NOT HAVE ANY LIABILITY FOR ANY DISPUTES OR VIOLATIONS OF AGREEMENTS BETWEEN ANY USERS CONTENT PROVIDERS AND/OR THIRD PARTIES.

4.5 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App, whether in whole or in part, or any content displayed on the App; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App; (c) you shall not access the App in order to build a similar or competitive App, product, or service; and (d) except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the App shall be subject to these Terms. All copyright and other proprietary notices on the App must be retained and published on all copies made and/or displayed.

4.7 Modification. Dopa-Mine reserves the right, at any time, to modify, suspend, or discontinue the operation of the App (in whole or in part) with or without a notice to you. You agree that Dopa-Mine will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App or any part thereof. 

(7.a) Although we will try our best, there is always a possibility that some information you provide to us could get lost due to data corruption, hardware failure, network issues, problems with hosting and actions by third parties or other technical reasons. Similarly, it is possible that some of the services could become unavailable or slow at times. You agree not to hold us liable or responsible for any interruption of service or loss of data, and you acknowledge that we made you no guarantees about service availability or data durability.

(7.b) Potential Disruption of Services. Access to the App may from time to time be unavailable, delayed, limited etc’ due to, among other things:

 

                    Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;

                    Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;

                    Overload of system capacities and interruption of power supplies or other utility of service;

                    Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;

                    Governmental or regulatory restrictions;

                    Any other cause whatsoever beyond our control (collectively Disruptions).

You agree that Dopa-Mine will not be liable to you or to any third-party for Disruptions of the App or any part thereof.  

4.8 Ownership. Excluding any User Content (defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the App and its content are owned by Dopa-Mine. Neither these Terms (nor your access to the App) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Dopa-Mine and its suppliers reserve all rights not granted in these Terms.  

4.9 Confidentiality. You acknowledge that the services provided by the App including its’ features, content (whether textual, visual or any other form),  architecture, layout, implementation and interfaces, but excluding User Content, constitutes valuable proprietary confidential information of Dopa-Mine, and that unauthorized disclosure or use of such confidential information is prohibited and could cause irreparable harm to Dopa-Mine. You must hold such information in confidence using the same degree of care, but in no case less than a reasonable degree of care, that you use to prevent the unauthorized dissemination or publication of your own confidential information. You may use such confidential information only for the purpose of utilizing the Services as  permitted in these Terms. Except as explicitly otherwise provided herein, you may not disclose such information to any third party, without Dopa-Mine’s prior written consent. These confidentiality obligations shall not apply to information that (i) is publicly known through no fault or breach on your part; (ii) was rightfully in your possession (as can be reasonably proven) prior to disclosure by Dopa-Mine; (iii) was rightfully obtained (as can be reasonably proven) from a  third party who has the right to transfer or disclose it (iv) you are required to disclose pursuant to a binding order/request by court/other governmental authority, provided that, to the extent permissible, you provide Dopa-Mine notice of the requested disclosure as soon as possible, to allow Dopa-Mine to seek an appropriate protective or preventive order.  

5. User Content

5.1 “User Contentmeans all information and content that a User submits to, or uses with, the App, including all Feedback and Reviews submitted by you, in connection to the use of the App and/or the Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (here below), our Privacy Policy and/or these Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Dopa-Mine. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates these Terms or other people’s copyrights. Dopa-Mine is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. Our collection of the User Content is subject to our Privacy Policy.

5.2 License. You hereby grant (and you represent and warrant that you have the right to grant) Dopa-Mine an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit (including commercially) your User Content and your Feedback (as defined in section 3.5 here above), and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and/or assertions of moral rights or attribution with respect to your User Content.

5.3 Acceptable Use Policy.

(3.a) You agree not to use the App to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(3.b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the App any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the App to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without the User’s consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the App (or to other computer systems or networks connected to or used together with the App), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the App; or (vi) use software or automated agents or scripts to produce multiple accounts on the App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the App (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

5.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

I am aware that software may operate on the APP to collect information on my activities on the App and analyze such information for purposes of providing the Services better tailored to my needs and I hereby give my consent for this purpose. Without derogating from the aforementioned, I acknowledge that Dopa-Mine employs various technologies regarding my identification and/or my classifications, including but not limited to, saving files containing information with regards to the manner in which I utilize the Internet (Cookies) on my personal device, as well as in connection to using my IP address (including but not limited to Google Analytics), and I hereby give my consent to the use of such technologies, as well as of other technologies, as shall be employed from time to time, for similar purposes, in addition to use of the information aggregated through said technologies for my identification and/or classification, on the App and on other internet websites. Cookie settings can be disabled by selecting the relevant option in your web browser.

5.5 Feedback and Reviews. While using the App, users may be able to add a review (“Review“), rating (“Rating“) of a Game or Game Creator, or provide other forms of feedback, such as comments (together hereinafter the “Feedback“). Some of the Feedback will be visible to other users of the App. The Feedback does not reflect the opinion of Dopa-Mine and is not verified by us and may be inaccurate, incorrect or misleading. You agree that if you post Feedback, it will be factual and truthful and will not contain any offensive or defamatory language. Users are prohibited from manipulating the Feedback in any manner, for example, by instructing a third party to write a positive/negative Review in regards to another User. You hereby assign to Dopa-Mine all rights in the Feedback and agree that Dopa-Mine shall have the right to use and fully use such Feedback in any manner it deems appropriate, including for commercial uses. Dopa-Mine reserves the right to verify the reviews and to delete them, in its sole discretion, including, but not limited to, Feedback that is inaccurate, misleading or defamatory. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Dopa-Mine any information or ideas that you consider to be confidential or proprietary.

5.6 Game Creating Conditions

When a Game Creator posts a game (“the game), such User agrees to comply with Dopa-Mine policies, as may be amended from time to time in our sole discretion, and that the Game Creator:

 

                    Is responsible for the accuracy and content of the listing and details provided.

                    To include the following details: Name of game, answer of his choosing, End-of-game date, and entrance fee.

                    Agrees that content that violates any of Dopa-Mine policies may be modified, obfuscated or deleted at our sole discretion.

                    Agrees that Dopa-Mine may revise product data associated with proposals, remove, or correct information.

                    Agrees that Dopa-Mine strives to create a platform where players can relax and enjoy, have fun and clean their head. Therefore, the appearance or placement of a Game in search and browse results will depend on a variety of factors, including, but not limited to:

1.                  User’s location, search query, browsing site, and history;

2.                  Proposing format, cost, terms of service, time, history, and relevance to the User query;

3.                  Number of listings matching the game search;

4.                  A game may not appear in some search and browse results regardless of the sort order chosen by other players.

5.                  URL links that are included in a listing may be removed or altered by us in order not to affect third-party search engine results.

5.7 Some of the games are designed to collect and share location information of the applicable User. These features require the corresponding mobile software to be installed on the device for which location data will be provided, and the features may not work if the corresponding settings to allow the collection and sharing of information and location information are not enabled (the “Monitoring Option“). The Monitoring Option will be automatically operated when the game creator creates a game.

5.8 When joining a game through the App, you agree to Dopa-Mine’s rules and policies, as may be amended from time to time in our sole discretion, and that:

 

                    You are responsible for reading the game details before joining a game, thus agreeing to them.

 

                    Upon acceptance of the game details, you enter into a legally binding contract with the Game creator, and Dopa-Mine.

 

                    You will act in accordance to the applicable Law’s in Israel with respect to the games.

5.9 Each User using an Account, can act as a game creator and/or a player who joins a game.

 

6. DISPUTES AND RELEASE.

6.1 If you have a dispute with one or more Users (“Disputes“), you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from any 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 disputes. You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

6.2 Disputes will be resolved between the applicable . The App may provide such Users a chat box via the App (the “Chat Box). The Chat Box will be initiated by Dopa-Mine following a request by the Disputed Users to: dopa.mine.irl@gmail.com , within 24 hours from such Users request. The Chat Box will be available for the Disputed users for a total of 72 hours (the “Dispute Term“). In the event that following the Dispute Term, the Users fail to resolve the Dispute, the Users will be entitled to address the Dispute to the applicable courts in accordance with the provisions of Israeli law.

6.3 Customer care. Notwithstanding anything to the contrary, in the event that the Users failed to resolve the Dispute during the Dispute Term, you may contact our customer service center at: dopa.mine.irl@gmail.com  and request Dopa-Mine’s assistance. It is hereby clarified that Dopa-Mine is under no obligation to become involved but may, in our sole discretion, attempt to assist in resolving the Dispute.

7. Game Fees.

7.1 The games provided by the App are subject to certain fees. Each player that creates/joins a game will pay the game entrance fee, as shall be set by the game creator (the “Game Fee). From that game entrance fee, Dopa-Mine will get a commission fee, equal to ten percent (10%) of the game Fee (the “Commission Fee”), from all players participated in the game. Dopa-Mine reserves the right to change from time to time the amount of the commission fee at its sole discretion and/or based on user activity. 

7.1.1 While creating or joining the first game, the user will be asked to log into his PayPal account. We have no control over PayPal’s fees (1.2 NIS + 3.4%). Participating in future games will be availlable when the user pays the entrance fee from his account, of via PayPal.

7.2 The game Fee will be transferred from the players Account to Dopa-Mine’s account upon creation or joining the game. The game creator might get notified when his game ended, but it’s his responsibility to update what answer was correct. Upon updating the correct answer, the game winning sum will be sent to the player/s who chose that answer (after Dopa-Mine’s fee deduction). If a game creator fails to update the correct answer within 7 days, all the players who joined the game get their entrance fee back, and the game creator’s fee is being devided between them. If the game reaches the end date and no player joined the game, the entrance fee returns to the game creator (if the entrance fee was payed via PayPal, their fee (1.2 NIS + 3.4%), is deducted from the returning amount). The same goes if the game creator deletes a game. We may limit or change the available payment methods in our sole discretion. You agree to these pricing and payment terms, and any additional terms published on the App. You further agree that we may update these Terms from time to time.

7.3 Payment. Our payment processing system may be provided by a third-party credit suppliers (for example, PayPal, etc.). In certain cases, your selected method of payment may incur additional fees. For example, some credit card companies charge a fee for online payments. These third-party fees are charged directly, and taken by, the relevant third party and not by us. Any questions relating to these additional third party fees should be raised directly with the relevant third party.

7.7 The payment processing system provided by third-party’s, use accepted industry security standards. Nevertheless, we cannot guarantee that this service will be free of errors and do not take any responsibility, other than specifically stated in these Terms, for any faults, errors and or any other damages caused by these third-party payment Apps.

7.8 No Refunds. You may cancel your Account at any time; however, Dopa-Mine will not refund any Service Fee and/or Commission Fee that was processed. You agree to pay all fees incurred by the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

7.9 Game entry Fee. The game creator is solely responsible for the entry Fee that he sets, as applicable. We are under no circumstances, involved in the process of pricing the games (other than law restrictions). Any applicable entry Fee (including any applicable Taxes) will be displayed prior to confirming your request to join a game. You are responsible for paying any fees owed. Except as otherwise stated in these Terms, or unless decided otherwise, in writing the entry Fees are non-refundable. We are not responsible for any third-party action or payment method.

7.10 Funds Withdrawal when a user wishes to withdraw funds from his account, he’ll do so from his profile, under “available for a withdrawal”. The process can take up to 72 hours till the funds will be sent to him.

7.11 Dopa-Mine cannot guarantee that games will be free of errors and we do not take any responsibility, other than specifically stated in these Terms, for any faults, errors and or any other damages caused by these third-party payment Apps. If there is a dispute between Users, we are under no obligation to become involved, but may, in our sole discretion, attempt to assist in resolving the issue.

8. CANCELLATION POLICY

8.1 A game creator can cancel the game he created as long as other player/s haven’t joined the game. If no player joined the game and the game reached the “end game date”, the game is cancelled automatically, and the entry fee will return to the game creator (after Paypal’s fee, if there was any). 


9. TAXES & VAT.
9.1 The User is solely responsible for reporting his VAT or Taxes profits and/or income generated by the Services on the App to the applicable tax authorities. the Company is not responsible for any infringement of taxes regulations and/or any kind of taxes/VAT violation.

9.2 For the avoidance of doubt, the responsibility for reporting the revenue to the various authorities rests solely with the users themselves.

9.3. Definition of Digital Coins
The app includes digital coins that can be used for games and friendly wagers.
These coins are not real money, cannot be exchanged for fiat currency (such as USD, EUR, or local currency), and do not hold any financial value outside the app.

9.4. Acquisition, Accumulation, and Usage of Coins
Coins can be earned through participation in games, winnings, promotions, and other incentives as determined from time to time.
Purchasing coins with real money may be available, subject to the app’s policy. Coins can only be used within the app’s gaming framework.

9.5. Expiration and Usage Policy
Coins may have an expiration date and may be removed from your account if unused within a specified period.
We reserve the right to change the value of coins, the methods of earning and using them, or even remove the system entirely without prior notice.

9.6. Prevention of Misuse
Any attempt to commit fraud, cheating, or unfair use of coins will result in penalties, including account suspension or deletion of fraudulently acquired coins. The app reserves the right to investigate suspicious activity and take action at its sole discretion.

9.7. Disclaimer of Liability
We are not responsible for any loss or damage resulting from the use of digital coins. There is no guarantee of system continuity or coin balance retention in the event of changes or termination of the app.

6. Changes and Updates to Terms
These terms may change from time to time, and users are required to stay updated and accept them as a condition for continuing to use the app.


10. Indemnification

10.1 You agree to indemnify and hold Dopa-Mine (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the App, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Dopa-Mine reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Dopa-Mine. Dopa-Mine will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10.2 It is hereby agreed that to the extent that if the game creator impersonated / cheated / committed any embezzlement / caused any damage, he will bear the cost of the damage and the expenses that will be caused to Dopa-Mine and / or other players that joined the game.

11. Third-Party Links & Ads; Other Users

11.1 Third-Party Links & Ads. The App may contain links to third-party websites and/or suggestions, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads). Such Third-Party Links & Ads are not under the control of Dopa-Mine, and Dopa-Mine is not responsible for any Third-Party Links & Ads. Dopa-Mine provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

11.2 Other Users. Each App user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other App users are solely between you and such users. You agree that Dopa-Mine will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and another user, we are under no obligation to become involved, but may, in our sole discretion, attempt to assist in resolving the issue.

11.3 Release. You hereby release and forever discharge Dopa-Mine (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the App (including any interactions with, or act or omission of, other App users or any Third-Party Links & Ads).

12. Disclaimers

12.1 THE APP IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND Dopa-Mine (INCLUDING ANY MANAGEMENT MEMBERS, EMPLOYEES, SUPPLIERS AND ETC) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APP, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. Dopa-Mine DOES NOT OVERSEE, SPECTATE, SEE THROUGH, OR REGULATE ANY GAMES AND SPECIFICALLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE GAMES IN ANY MANNER AS DETAILED BELOW. Dopa-Mine DOES NOT GUARANTEE THE CONDITION OF THE GAMES, WARRANTY OR CONDITION OF QUALITY OR AVAILABILITY FOR THE PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION/LIMITATION MAY NOT APPLY TO YOU.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, Dopa-Mine DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE APP.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Dopa-Mine (INCLUDING ANY MANAGEMENT MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, ETC) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT,CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF Dopa-Mine (INCLUDING ANY MANAGEMENT MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, ETC ) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, Dopa-Mine IS NOT RESPONSIBLE FOR ANY HARM OR DAMAGES CAUSED TO YOU OR YOUR PROPIERTY, FROM A GAME YOU PARTICIPATE IN. ACCESS TO, AND USE OF, THE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the App. We may suspend or terminate your rights to use the App (including your Account) at any time for any reason at our sole discretion. Upon termination of your rights under these Terms, your Account and right to access and use the App, or specific functions of its’ service, will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our databases. Dopa-Mine will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, these Terms will remain in effect.
If a user wishes to terminate his account, he has to withdraw his funds first.

15. Copyright Policy.

We respect the intellectual property of others and ask that Users of the App do the same.

If you believe that one of our users is, through the use of our App, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please send us the following information by email to: dopa.mine.irl@gmail.com 

 

2.   Identification of the copyrighted work(s) that you claim to have been infringed;

3.   Identification of the material on our services that you claim is infringing and that you request us to remove and sufficient information to permit us to locate such material;

4.   Information reasonably sufficient to permit Dopa-Mine to contact you, such as your address, telephone number, and e-mail address;

5.   A signed statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

6.   A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects you to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

16. Apple’s Terms and Conditions

You and We agree and acknowledge as follows:

These Terms are concluded between you and us, and not with Apple Inc. (“Apple“). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service (“Apple Terms“) then the Apple Terms will prevail, solely with respect to the conflicting provisions.

The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the Apple Terms, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.

In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).

Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Words beginning with a capital letter in this section, will have the meaning of the words that come before them, or the definition ascribed to them in the App Store Terms of Service.

17. ANDROID’S TERMS AND CONDITIONS.

In the case you use the App on an Android device, then we agree and acknowledge that These Terms are concluded between you and us, and not with Google LLC and/or any provider of content (the “Provider“), including where Google LLC is acting as an agent for the Provider (collectively “Google“). Google is not responsible for the App. Google bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with service maintenance and support. If in any event of a conflict between these Terms and Google App store terms of service (“Google Terms“), the Google Terms shall prevail, solely with respect to the conflicting provisions. Any license granted to you for the use of the App is a non-exclusive, worldwide, and perpetual license to perform, display, and use the App on your mobile device. You agree to have no claims, and to waive any and all rights and causes of action against Google with respect to the service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance. In the event of any third-party claim that the App or your possession and use of the App infringes that third-party rights, Google will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim. You must comply with applicable third-party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).

18. General

18.1 Independent Contractors. You and Dopa-Mine are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Dopa-Mine. You must not under any circumstances make, or undertake, any warranties, representations, commitments, or obligations on behalf of Dopa-Mine.

18.2 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our App. Any changes to these Terms will be effective ten (10) calendar days following our notice to you (directly or via the App). These changes will be effective immediately for new users of our App. Continued use of our App following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

18.3 Governing Law and Jurisdiction. These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. Notwithstanding the foregoing, Dopa-Mine may lodge a claim against you pursuant to the indemnity clause in these Terms, in any court adjudicating a third party claim against Dopa-Mine.

These Terms shall be governed without regard to the United Nations Convention on the International Sales of Goods. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees.

18.4 Electronic Communications. The communications between you and Dopa-Mine may be through electronic means, whether you use the App or send us emails, or whether Dopa-Mine posts notices on the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Dopa-Mine in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Dopa-Mine provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

18.5 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the App. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Dopa-Mine’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Dopa-Mine may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

18.6 Copyright/Trademark Information. Copyright ©2021, Inc. All rights reserved. All trademarks, logos and service marks (“Marks) displayed on the App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks

18.7 Contact Information: dopa.mine.irl@gmail.com