1. Introduction. These Terms set out your rights and obligations and those of Skiller Limited of 20 Hataa's st, Kfar-Saba ISRAEL, a company registered in Israel under registration number 514027168.
Skiller is also referred to in these Terms as "we", "us" and "our", in relation to the online skill games (the "Games") and related services (together "the Games Service") provided by us through this website or our mobile clients. By accessing this website and/or registering for the Games as a "Member", you agree to these Terms. You may access these Terms at any time by using the link to these Terms on the bottom of the web site. We may revise these Terms at any time in accordance with Clause 25 below and your continued use of the Games or your account with Skiller (an "Account") shall be deemed irrevocable acceptance of those revisions.
2. The Games Service provides its Members with the ability to play the Games and to participate in tournaments with other Members. The Games are, in fact, games of pure skill and there is no chance element to them. Thus, when participating in a tournament with other Members it is your speed and skill in playing the Game that is assessed against other Members, and the winner will be the Member who, through skill and judgment, scores the most points in the relevant Game. You should familiarize yourself with each Game, by reading the rules and instructions before you play.
We are not an internet service provider and not a mobile operator. To play the Games, you must have a supported mobile device, a GPRS internet access and the skills required for web usage.
The Games and tournaments hosted by us will function best if your mobile device meets the technical requirements described in the technical section of our FAQ's. It is your sole responsibility to confirm the technical and mobile device compatibility between your device and the Games.
3. Registration and Membership By registering and establishing an Account with us you expressly confirm that:
(a) You are able to enter into a legally binding agreement with us;
(b) you will not use the Games while you are located in a country or jurisdiction that does not allow you to play the Games (if you are not sure, you should check before you play any of the Games for money);
(c) you are not a licensed bookmaker or a bookmaker's agent, employee of ours or any associated company of ours and that you do not conduct a business of negotiating or receiving bets;
(d) you are not registering to the games through a mobile device that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you;
(e) you are not bankrupt;
(f) you understand that by using the Games Service you pay a subscription fee to play a Game and accept that you are fully responsible for any payments;
(g) you will not use this Website and/or the mobile clients for any purpose that is unlawful or prohibited by these Terms.
It is your responsibility to ensure that national, state or other laws to which you are subject to do not adversely affect your right to participate in or play the Games.
If you decide to become a Member, or to enter a tournament, the Game Service or the Game in question (as the case may be) will be made immediately available for your use. As a result you will not have the right to cancel these Terms or to any refund of monies you pay once you have started to play a Game and the applicability and enforceability of these terms and conditions shall not be affected by any "cooling-off" period once you have played a Game.
You undertake to register for the Game Service using accurate and current information about yourself including your age, full name and surname, place of residence and a valid email address. You agree to only register one Account with us. You understand and agree that if you provide inaccurate information to us we will close your Account. If you are asked for and provide details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges that are deducted from it.
On registration, we may grant your Account with non-withdrawable points with which to participate in Games as a "practice player". You are able to use these funds to play our Games, but may not remove them or any winnings you make using them, from your Account, except as explained in the "Player Status" section in our FAQ.
You will not allow anyone else to use your login details or give them to anyone else. If you do, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result.
All deposits or subscription fees that you make with us from time shall be managed and administered by any one of our companies.
Our employees, investors and subsidiary companies are allowed to take part in tournaments for the purpose of testing the user experience, but may not withdraw prizes for themselves.
4. Games, Winners and Prizes The number of players participating in a tournament and their relative skills determine the result of all tournaments.
The Player status and Points section of our FAQs provide further information about how you can participate in our tournaments as a practice player and a points player. They form part of these Terms so you should take the time to read and understand them.
Prizes will be sent to last known address, providing that user have filled all of the necessary information in the web site.
Game rules, scoring, controls and guidelines for all tournaments offered by us can be found at each specific Game section. Any questions or comments regarding this information should be sent to our Customer Support using the dedicated form.
At the conclusion of each tournament, we will notify the winners by sending a winner message to their account. Winners will be able to see that account the next time they would login to their account in the mobile devices. We will also regularly update the site's various high scorer tables. For tournaments with substantial prizes the tournament conclusion and posting of winners may be delayed for up to 5 working days by us to allow for verification of result and prevention of abuse.
Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon the error being noticed. Any winnings mistakenly credited to your Account yet withdrawn by you will constitute a debt owed by you to us in the amount of such wrongfully attributed winnings.
Any bonuses that we may give you are not transferable and can only be used by you. Any "guest registration" or "fun points" play that we may provide does not contribute towards any bonus offers that we may offer. Any bonus offers that we may provide remain valid for as long as they are posted on our website unless otherwise stated by us.
On registration, we may grant your Account with additional bonus points. Bonus points can be used to play our Games but cannot be calculated as part of your balance for prizes. We do this to prevent players that do not participate in any tournament or play at any multiplayer game, use their bonus points and win prizes which we don't think would be fair. You also may not withdraw any winnings you make using bonus funds. Any amounts of points refunded by us to you may only be remitted to the Account from which your deposit originated.
We reserve the right to refuse to accept any promotional offers that we make to you and to withdraw them at any time. Any promotional offer that we make is subject to change by us at any time. Any additional terms and conditions that apply to a promotional offer will be displayed beneath it. By accepting a promotional offer and/or making use of a promotional offer, you are confirming that you agree to its terms and conditions.
If you provide materially misleading, inaccurate or incomplete information in your Account, we will be entitled to terminate your Account and cause you to forfeit any prizes you may have won as well as exercise any legal remedies we may have as a result of such conduct.
5. Privacy policy By registering for the Game Service, you give your consent to the way we may handle your personal data, as described in this policy and in these Terms.
We use cookies to store certain types of information each time you use the Game Service. Cookies enable our system to recognize your computer and your mobile device, and to ensure that your Account is attributed to the user who inputs the correct Username and Password for that Account. We reserve the right to communicate your personal information to any third party that makes a legally-compliant request for its disclosure. We may disclose your Mobile phone number, in order to allow users to invite you to a game using SMS. We may also disclose your personal information to one of our partners if you registered with us as a Member after clicking on a link on their website and you agreed that we could disclose such information to them. Otherwise, however, we will not disclose your name, address and email to any third party without your consent.
Given the global nature of the internet you should always remember that any posting you make on the Game Service (including any which contain personal information) is, of course, accessible to internet users around the world.
It is important to us that everyone playing our Games plays fairly and we treat any abuse very seriously. We therefore take a number of measures intended to prevent abuse and ensure the smooth and interrupted performance of our Games. You therefore agree that we can monitor your game behavior closely to detect any kind of attempt to cheat and that we can also make use of "Active X" controls and other methods to ensure that our Games are played fairly.
By registering to become a Member, you agree that we may display the Username you select, tournament scores and records. By accepting any prize, you further agree that in our promotional efforts we have the right to publish your Username and tournament records in any media (newsletters, broadcasts, emails, etc.), without making any payment to you.
We reserve the right to collect general demographic and other anonymous information that does not personally identify you. This information is not associated with your personally identifiable information and cannot be linked to you personally.
We utilize e-mails to notify you when you win tournaments, alert you to withdrawals and to let you know of special promotions, events and policy changes. Important notices will be sent to your nominated email address as long as your Account is open.
We will retain your personal information only as long as is necessary for the purposes to which you consent under these Terms and then we will delete it from our systems.
If you have any questions about this privacy policy or our use of your personal information, or you wish to change or update personal information you have previously provided to us, you can contact us using the dedicated form. You can also use this form if you wish to request from us a copy of the personal information we hold about you or a description of that information. Please note that we are entitled to charge you a small sum for providing this information.
6. Accounts A person may open only one Account, and it must be funded only by that person. We reserve the right to assess compliance with this requirement by checking for unique email addresses, real world addresses, authenticity of Phone number and/or credit card number and/or any other payment forms used to establish an Account.
If any Member is discovered to have breached this requirement, we reserve the right to close the relevant Account and consolidate all or part of the funds in any additional Accounts into the original, legitimate Account. The maximum amount transferred, if any, will not exceed the total amount of deposits, less any prizes requests that have been paid on (by point) the additional Accounts. All winnings will be forfeited. Furthermore, we have the right to deduct its reasonable transactions costs of doing this from the amounts being transferred to the original Account.
Continued breach may, at our discretion, result in the termination of all the relevant persons Accounts and banning from the Games and the Games Service. We reserve the right to terminate all affected Accounts if we conclude, acting reasonably, that more than one of such Accounts is being operated by, or is under the control of, a single person.
We will not be liable to you for any loss that you may incur as a result of an unauthorized person accessing your Account and we accept no liability resulting from its unauthorized use, whether fraudulent or otherwise. As is usual, it is for you to ensure that your Accounts Password is kept completely secret.
By opening an Account, you agree to allow us access to your Account to investigate complaints and/or other allegations of abuse.
At the termination of an Account, you will lose any points you may have in your account.
Where we have a serious and reasonable suspicion of fraudulent activity on an Account, we reserve the right to withhold the option of getting prizes to a Member until the end of the charge-back period which applies to the payment method used to pay in the relevant funds.
7. Legality We may monitor the location from which you appear to access the Games and, may use techniques which are intended to block access from any location in which participation in the Games may be illegal or restricted as we may determine in our sole and absolute discretion from time to time. Accordingly, we may require a Member receiving any prize to provide proof that he or she is eligible to participate and if we determine in our sole and absolute discretion that you are not eligible, we may refuse to award the prize.
You must comply with the laws which apply to you in the location you access the Games from. If any laws applicable to you restrict or prohibit your participation in the Games, then you must comply with those legal restrictions.
8. Operation of Games We have the right to withdraw or modify one or more Games or aspects of the Games where we have legal or technical reasons to do so, including (a) privacy, data protection or other legal objections to the content or conduct of the Games, and (b) technical difficulties experienced by us or on the Internet or on the mobile. There may also be times when the Games becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the Games.
9. Abuse of the Games Members may not use unfair methods to play the Games. Any technique which allows a Member to use anything other than pure skill in the conduct of a Game is unfair for these purposes. Such techniques may include, but are not limited to, multiple Accounts (see Clause 6 above), the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another Member, or deliberately losing Games for the purpose of getting a competitive advantage. Further, Members must not do anything that may cause a disruption or malfunction of the Games.
10. Suspension and Termination for Breach We reserve the right (a) to suspend or terminate any Member's access to the Games, or parts of it, and (b) to forfeit from the relevant Account(s) all winnings, if the relevant Member or material appears to us to be in breach of any provision of these Terms. Forfeiture of winnings applies strictly where Clauses 6 or 9 are breached; see Clause 13 for how forfeited winnings are dealt with. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Games without our prior written consent. You are responsible for everything that is done on or through the Games while your Membership Account is logged on to the Games.
11. Relevance The Games are intended to be used by Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
- use the Games for any other purpose;
- place material on, or otherwise use, the Games for any business, advertising or commercial purpose;
or use your access to the Games, or information gathered from it, for the sending of unsolicited bulk email (also known as "spam").
12. Fees There are standard fees for all Accounts as follows: Each month users pay monthly subscription fee that is determined separately in each country. Subscription fees may vary from country to country and from mobile carrier to another. After paying the subscription fee each user would get 250 bonus points.
We may add new or ancillary services from time to time which require the payment of fees either to us or a nominated third party on terms which will be provided to you at the time.
13. Unallocated Member Funds From time to time, we will hold prizes which are not allocated to Members. This may occur for a number of reasons including where a Member's winnings are forfeited, or if we are unable to place prize in an Account because it has already been closed by a Member. We may use these prizes for a variety of purposes including using them in other tournaments, donations to registered charities, developing and improving the Games and Games Service or anything else that we believe appropriate.
14. Prohibitions You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Games. We do not control Content posted on our website in relation to the Games by third parties, and as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by playing the Games Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content including, but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available in relation to the Games.
You agree not to:
* upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* use the Games to harm minors in any way;
* use the Games to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
* forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Games;
* remove any proprietary notices from the Games Service;
* cause, permit or authorize the modification, creation of derivative works, or translation of the Games without our prior express written permission;
* use the Games for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted in these Terms;
* use the Games for fraudulent or abusive purposes;
* attempt to decompile, reverse engineer, disassemble or hack the Games, or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Games and/or data transmitted, processed or stored by us;
* harvest or collect any information about or regarding other Members or Members' Accounts, including, but not limited to any personal information;
* upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
* upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
* upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes", or any other form of solicitation;
* upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Games are able to type, or otherwise act in a manner that negatively affects other users' ability to compete in Games or engage in real time exchanges;
* interfere with or disrupt the Games or servers or networks connected to the Games, or disobey any requirements, procedures, policies or regulations of networks connected to the Games;
* use the Games to intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
* use the Games to "stalk" or otherwise harass another.
15. Alerting us If you see anything relating to the Games which appears to infringe these Terms, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us.
16. The Send-to-a-Friend Policy The terms of any "send-to-a-Friend Policy" that we may make available to you will be provided to you separately to these Terms.
17. Withdrawal of material We will remove any material on the Games which we determine in our sole discretion is capable of breaching any part of these Terms or which may bring the Games into disrepute. However, each user acknowledges that we do not actively monitor material which is contributed by Members on the Games, and we make no undertaking to do so.
18. Disclaimer and Release TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER OR OTHER DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE GAMES, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE GAME SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE GAMES AND THE GAMES SERVICE.
19. Intellectual Property You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Games, other than material which is contributed by Members, are owned by us. It can be easy to copy material that appears on websites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Games, or any of the material which is found on the Games, unless properly licensed to do so by (a) us and (b) where material contributed by one or more Members is concerned, by the Member(s) in question.
By submitting any material to the Games Service, you:
- are representing that you are fully entitled to do so and you;
- grant us a non-exclusive, royalty-free, non-terminable license to copy, modify, distribute, show in public and create derivative works from that material solely in the course of its processing and display on and through the Games Service in accordance with these Terms; and
- authorize us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
We grant you a limited license to access and use the Games subject to these Terms. However, this license does not allow you to make any commercial use or and derivative use of the Games (including any of its individual elements or content).
20. Maximum liability Without limiting the preceding Clause, during any period of twelve months, our aggregate liability under these Terms (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the amount equal to the sums you have paid into your Account during the relevant period of twelve months, regardless of the cause or form of action.
21. Non-excluded Liabilities Nothing in these Terms limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
If (a) there is a technical failure of the Games which causes, as a result, a tournament to be uncompleted, and (b) it is determined by us with certainty that the responsibility for the failure lies completely within our control, then, after examining the cause of the malfunction, we will refund to your Account an amount up to the equivalent in entry costs that were charged to your Account for joining the particular tournament. We do not have any liability to pay winnings which may potentially have been won in an uncompleted tournament.
22. Indemnity You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you or through any computer or mobile device that you use to access the Games.
23. Assignment We reserve the right to assign these Terms and to assign or subcontract any or all of our rights and obligations under these Terms. You may not without our written consent assign or dispose of your Account or these Terms.
24. Entire Agreement These Terms set out the whole of the agreement between us and you concerning the Games and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to these Terms has no right to rely upon or enforce any part of these Terms.
25. Changes to these Terms We reserve the right to update these Terms from time to time. When we do so, we will notify you of this on the main screen of the Games, after which your continued use of the Games will constitute your acceptance of the new Terms commencing 30 days after the date of posting (or such later date as we indicate in the relevant posting). If you do not wish to be governed any new version of the Terms, you must notify us of this in writing on or before the date that the new version of the Terms will apply and from that date you must stop using the Games.
26. Severability In the event that any part of these Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms shall remain valid and enforceable.
27. Law These Terms shall be governed by and construed in accordance with Israeli law.
28. Contact You can contact us by email using the dedicated form.
These terms and conditions were last updated on 19 October 2008
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