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Redefining HTML5 gaming experience

Fun, trendy, cool, and engaging games. This is what we do. This is what we love. And that is why, after ten years of working with the biggest developers and brands in the games industry, we’ve launched our own gaming studio –Monstera Games. Now we develop the games we’d enjoy playing ourselves and share them with millions of players worldwide.

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Pikoya Terms of Use

Effective as of 14/3/2022

These Terms of Use ("Terms") constitute a binding legal agreement between Pikoya Ltd. (collectively, "Pikoya", "we", "our" or "us") and our users (each, a "User", "you" or "your"), and governs your access and use of all features, content, and other services provided by Pikoya, through http://platform.monsteraplay.com (the "Services"). Any use of the Services, including any purchase of any products or features available through or Services, are governed by these Terms.

By using our Services, you affirmatively signify that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or to the Privacy Policy, you must not register an account or otherwise use or access the Services.

  1. REGISTRATION AND USER ACCOUNT
    1. In order to make use of certain features of the Services, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission.
    2. When creating your Account, you must provide accurate and complete information.
    3. The Account is personal, and should not serve any other person but the User.
    4. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account.
    5. You may delete your Account at any time, provided that we may retain certain information as required to comply with our legal obligations, resolve disputes and enforce our agreements (unless we are instructed otherwise). If you wish to delete your Account you may send an email request to us at the contact details below.
  2. USER OBLIGATIONS AND RESTRICTIONS.
    1. Obligations. You agree to do each of the following in connection with your use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data protection and privacy, intellectual property rights and export control; and (ii) pay the fees for the Services, if applicable, when due.
    2. Restrictions. You shall not (and shall not permit or encourage any third party to) do any of the following: (a) reproduce, mirror, or frame the Service; (b) sell, assign, lease, lend, rent, distribute, or make available the Service to any third party, or otherwise offer or use the Services in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Service; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Services; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Service; (f) make a derivative work of the Service, or use the Services to develop any service or product that is the same as (or substantially similar to or competitive with) the Service; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Service; (i) take any action that imposes or may impose (at Pikoya's sole discretion) an unreasonable or disproportionately large load on the Services infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Service; (j) use the Services to infringe, misappropriate or violate any third party’s Intellectual Property Rights, or any law; (k) use the Services or any part thereof, in any fraudulent or unlawful manner, or in breach of these Terms.
    3. User Responsibility. When using the Services, you must act responsibly and exercise good judgment. This means, among other things, that any content uploaded/written/submitted by you, you may not: (i) violate these Terms, or any applicable law or regulation; (ii) in fringe the rights, including legal rights, of any third party, including but not limited to, intellectual property, privacy, publicity or contractual rights; (iii) except as expressly permitted herein, use the Services for any commercial purpose whatsoever; (iv) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your association with any person or entity, whether by providing or omitting to provide information; (v) interfere or damage the Services by, inter alia, the use of viruses, cancel bots, Trojan horses, harmful codes, flood pings, denial-of-service attacks or similar methods or technologies including malicious software or 'malware' that may harm or gain un-authorized access to a computer, device or network; or (vi) contain Abusive Content (as defined below). You understand and agree that the Company may (but is not obligated to) review and remove or block any Abusive Content of any kind.
      "Abusive Content", for the purpose of these Terms, refers to any content, which: (i) is defamatory; (ii) contains nudity or sexually explicit content; including graphic sexual text, image, audio, video or games; contains non-consensual sexual themes, whether simulated or real or content that may be interpreted as promoting a sexual act in exchange for compensation; (iii) sexually exploits or abuses children, or content that promotes the sexual exploitation or abuse of children; (iv) disparages any ethnic, racial, sexual or religious group by stereotypical portrayal or otherwise; (v) makes use of offensive language or images or which violates the rights of, harms, or threatens the safety of third parties or other users of the Service.
    4. Service does not allow content that (i) is illegal or promotes illegal activity; (ii) infringes copyright; sells or promotes the sale of counterfeit products; counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another; (iii) promotes the sale of products obtained from endangered or threatened species; (iv) is Abusive Content; (v) promotes any form of hacking or cracking and/or provides users with instructions, equipment or software that tampers with or provides un-authorized access to devices, software, servers or websites; (vi) relates to a current, major health crisis and contradicts authoritative, scientific consensus. In the event that a User uses the Services for any purpose contrary to any applicable law and/or these Terms, then without derogating from any other remedy that the Company may be entitled to remove the User's Account from the Services, and the User will not have any claim and/or suit against the Company due to any damages that may thus arise. For the avoidance of doubt, revoking a User's access to the Services shall not exempt the User from any of his liabilities towards the Company or towards any third party resulting from the User's use of the Services.
  3. MINORS Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
  4. CHARGES
    1. Using the Services. Certain services and features of the Services may be provided to you free-of-charge, while others require payment before you can use or access them, according to the prices published on the Website. We have the discretion to change the price of the offered services and features from time to time, and the published price on our Website at the time of the specific purchase, will apply.
    2. Payment Policy. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You confirm that you are permitted to use the payment method you chose and you authorize us and our designated payment processor to charge the full amount due for the applicable Services to the payment method you designate for the purchase. You will pay any applicable taxes relating to any such purchases, transactions or other monetary transaction interactions. Subject to Section 4.3 all purchases are final and no refunds or credits will be provided.
    3. Cancellation and Refunds. If you terminate your Account with the Company, you shall not be entitled to a refund of any fees paid by you in connection with your Account (i.e. purchase of certain services and features provided by Company), unless otherwise required by applicable laws. However, if you feel that there are special circumstances, please contact us though the contact details below, and we will consider your request, subject to our sole discretion.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. The: (i) content on the Services, including without limitation, the text, descriptions, software, applications, source code, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"); and (ii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Pikoya and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "Pikoya", the Pikoya logo, and other marks are Marks of Pikoya or its affiliates. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
    2. To the extent you provide us any feedback, comments or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.
    3. Materials on the Services is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Materials you must retain all copyright and other proprietary notices contained therein.
  6. LINKS The Services may contain links, and may enable you to post content, to third party websites, that are not owned or controlled by the Company. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release the Company from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
  7. PRIVACY We will use any personal information that we may collect or obtain in connection with the Services in accordance with our Privacy Policy.
  8. GOOGLE ADSENSE ADDITIONAL TERMS
    1. You acknowledge that these Terms are between you and Company. Google AdSense have their own terms and conditions which are available at (i) https://support.google.com/adsense/answer/48182; (ii) https://support.google.com/adsense/answer/10502938?hl=en&ref_topic=1250104#content; and (iii) https://support.google.com/adsense/answer/48182, to which you must agree to abide by before using our Services.
    2. You agree to comply with, and your license to use Company Services is conditioned upon your compliance with, all applicable terms and conditions of Google AdSense.
  9. WARRANTY DISCLAIMERS
    1. This section applies whether or not the services provided under the Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
    2. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PIKOYA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PIKOYA DOES NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, MALFUNCTIONS, SECURITY BREACHES, VIRUS ATTACKS, OR ILLEGAL PENETRATIONS. THE SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT PIKOYA WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY. PIKOYA DOES NOT WARRANT THAT THE INFORMATION PROVIDED ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE AND MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICE. PIKOYA MAY MAKE IMPROVEMENTS OR CHANGES TO THE SERVICES AT ANY TIME. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.
    3. IN NO EVENT SHALL PIKOYA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON RECOMMENDATIONS APPEARING ON THE SERVICES; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF PIKOYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. LIMITATION OF LIABILITY
    1. IN NO EVENT SHALL THE COMPANY, ANY OF ITS AFFILIATE, OR ANY OF OUR LICENSORS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS, FOR:
      (A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
      (B) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
      (C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
      (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
    2. THE COMBINED AGGREGATE LIABILITY OF THE COMPANY AND ALL THE COMPANY's AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU (IF ANY) TO THE COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO LIABILITY.
  11. INDEMNITY You agree to defend, indemnify and hold harmless Company and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Services; (ii) interaction with any other User; or (iii) your violation of these Terms.
  12. SUSPENSION In the event that you make use of the Services in a manner contrary to any applicable laws and/or these Terms, then Company may, in addition to any other right or remedy that it may have available to it at law or in equity, terminate these Terms and/or your access to the Services, and you will not be entitled to any claim to or restitution of the funds that you may have paid in regards to the use of the Services.
  13. TERM AND TERMINATION
    1. These Terms are effective until terminated by the Company.
    2. Without derogating from the foregoing, the Company, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).
    3. The Company shall not be liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.
    4. Upon termination of these Terms, you shall cease all use of the Services.
  14. INDEPENDENT CONTRACTORS You and Pikoya are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Pikoya. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Pikoya.
  15. MODIFICATION The Company is entitled to change from time to time according to its absolute discretion and without needing to inform the User the Services and its contents, including inter alia its design and the services that are provided in it, and it is also entitled to edit its Terms.
  16. ASSIGNMENT These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the Company without restriction or notification to you. Any prohibited assignment shall be null and void.
  17. SEVERABILITY If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
  18. GOVERNING LAW The Company reserves the right to discontinue or modify any aspect of the Services at any time. These Terms and the relationship between you and the Company shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. The exclusive jurisdiction in every matter and/or issue regarding the terms of use will be exclusively granted to the court in the district of Tel Aviv-Jaffa.
  19. MISCELLANEOUS These Terms shall constitute the entire agreement between you and the Company concerning the Services. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  20. COMMUNICATION You agree that Pikoya may send you notices by email, via your account, by regular mail, and/or via postings on or through Service. Except as stated otherwise in these Terms or required by law applicable to you, you agree to send all notices to Pikoya to: support@pikoya.com.