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 “company” and “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 Content” means 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