(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
otherwise use or access the Services.
REGISTRATION AND USER ACCOUNT
- 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.
- When creating your Account, you must provide accurate and complete information.
- The Account is personal, and should not serve any other person but the User.
- 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.
- 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.
USER OBLIGATIONS AND RESTRICTIONS.
- 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.
- 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.
- 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.
- 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.
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.
- 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,
- 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.
- 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.
INTELLECTUAL PROPERTY RIGHTS
- 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.
- 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.
- 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
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 may choose to visit.
We will use any personal information that we may collect or obtain in connection with
GOOGLE ADSENSE ADDITIONAL TERMS
- 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;
and (iii) https://support.google.com/adsense/answer/48182,
to which you must agree to abide by before using our Services.
- 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.
- 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.
- 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.
- 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.
LIMITATION OF LIABILITY
- 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
(C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
(D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
- 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.
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
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.
TERM AND TERMINATION
- These Terms are effective until terminated by the Company.
- 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).
- 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
- Upon termination of these Terms, you shall cease all use of the Services.
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.
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.
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.
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.
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
district of Tel Aviv-Jaffa.
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.
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: