These Terms of Service (hereinafter: TOS) govern the relationship between
You and Skiller regarding the use of Mobile Games and other software and
purchase of virtual property and credit.
While we advise you to read these terms carefully, you should keep in mind
that Skiller is a platform which provides mobile games, and that you can
purchase virtual credit using real money.
Skiller is not the developer of all the mobile games, and may not be held
liable for any damage caused to Your phone, or to any other damage by running
these games, or that they will be suitable for your phone.
Moreover, please note that while you can invite friends to play and you can
send them links to download the games, you cannot distribute any content or
games you download from Skiller to any of your friends or to any other person.
: These TOS are in effect from 21.06.2010
(hereinafter: Effective Date) between
Skiller, a duly incorporated Israeli Company, from 20 Hataas Street, Kfar-Sava,
Israel (hereinafter: Skiller) and
Yourself (hereinafter: You) governing
the use of Skiller's mobile games platform, including 3rd party
content and virtual purchases (hereinafter:
Eligibility: You may use service if: (i) You are over 13 years of
age , or obtained your parent's consent prior to entering into these TOS, (iii)
own the mobile phone you wish to use Service on, or have the phone owner's
consent to use Service on the phone; (iv) have an ability to perform premium
service billing using Your mobile phone if you wish to purchase virtual credit.
Limited Cover: You acknowledge that Skiller may provide the Service
in limited territories and Jurisdictions and hereby state that You reside in one
of these territories and Your mobile operator is covered by Skiller's cover.
Amending these Terms: Skiller may amend these TOS at any time, Provided, however, that Skiller
shall send a notification through Service at least 7 days prior to amending
Activation: Upon registration to Services, You shall select Your
User Account details which consist
of username and password.
Authentication: If requested, In order to activate Your account, You
are required to authenticate Your email by clicking a link or entering a
verification code. You are required to add email@example.com as a
contact to Your email contact list, as Skiller shall not be liable for any
failed deliveries or arrival of messages to Your Spam inbox.
and Secret Information: You shall provide Skiller only with accurate information about yourself
and shall keep Your User Account information, including password and other login
information in utmost secrecy and shall be liable to any damage, direct or
indirect arising from the misuse of Your User Account. Should You find that any
personal information regarding Your User Account has been violated or disclosed,
You shall immediately and without any delay (1) notify Skiller of any
unauthorized use of Your password and User Account; and (2) make intentional
efforts to ensure that no other party
Service: Skiller allows You to play mobile games with other
Users, by either playing Skiller's own
games or 3rd Party Games (hereinafter: Games). When
playing Games, You can choose the amount Coins you may wage against the other
player, where the winner of each Game receives the amount waged.
Eligibility for Coins: Upon registration, you will receive certain amount
of Coins for your own use. Whenever you invite a friend to use Service, you will
also receive Coins. You may also purchase coins, against payment to Skiller.
Personal Use: You hereby warrant that You will use Services only from your personal
phone. You may not use any phone number which You do not own, or have the
owner's consent to use, in relation to the Service, Subscription or Termination.
Moreover, You will not use Services by more than one person or in order to
establish financial or business gain, sell Users and/or User Accounts to third
No-Farming: You will not participate in any
activity within Services for the sole purpose of gaining Coins without
participating in actual gameplay; and/or acquiring Coins in order to sell them
to other Users in exchange for cash, payment or other benefits; establishing
Users for the sole purpose of transferring Coins to Your other accounts. You
shall not solicit or endorse any 3rd party to participate in Services in order
to convey Coins to You.
No-Fraud: You will not participate in any activity meant for
fraud or to encourage other Users to convey funds, Coins or other assets into
Your possession. You shall not use automated processes, scripts or macros during
Games. You shall not employ any script based on reverse engineering or
manipulation of any communication between Yourself and Services.
No-Bullying: You may not use Services in a manner disturbing,
harassing or defaming to Users, stalking or depriving Users of any enjoyment of
using Services In a manner which Skiller may determine as Bullying.
No-Loopholes: You shall not attempt to manipulate or circumvent
Services or use loopholes in them; furthermore, You shall report any loopholes
or means for circumvention immediately to Skiller.
Support: In order to provide the best Service to You, Skiller
has set up an intensive customer support in its website.
Web Support: In order to receive best support, You shall provide
Skiller with full details regarding the request, Your phone brand and model,
Your cellular number, the date which You purchased Service or Subscription and
any other information Skiller shall deem appropriate.
Responses: Skiller shall answer any support request You send
through website within 48 hours, during regular business days.
Email and other queries: You may contact Skiller with any questions at :
Additional Support: Skiller may operate additional means of support,
from time to time to and in different methods, which will be published on
Pricing: You may purchase Coins from Skiller, and from
Skiller only, through Service. Skiller shall have sole discretion in determining
prices and fees for Service or Coins and shall present them in clear context in
Changes in Pricing: Skiller may change any rates at any time Provided, however, that the new rates
will be published on Skiller's Website.
Exclusion of Other Costs: Prices and Services presented in Website are
inclusive of all taxes, delivery charges and commissions, but are exclusive of
WAP browsing costs and other connectivity costs. Your cellular operator may
impose additional fees for delivery of service or for downloading Software.
Prior to using Service, you should inspect and check Your mobile data plan to
see it is sufficient to use service.
Use of 3rd Parties: Skiller may contract 3rd parties to collect funds
and/or payments by users. Payment may be made available either by credit cards,
premium text messages or premium phone numbers. Skiller shall not be liable
should any payment be delayed or not be conveyed to Skiller.
Refunds: As Coins are intangible goods, Skiller shall
never refund any purchase made or any payment made using Service for any
reason. You shall not be entitled to any refunds in the case of defunct
software, non-merchantability, loss of data, loss of service, removal of
software. You may be entitled to a refund, pending to Skiller discretion, had You
purchased Coins and had not received any or had You attempted to Terminate
Service and were unable to do so.
values Your privacy and therefore has
is stored, what is being processed and what is being disclosed to 3rd parties.
Data Collected: Skiller collects data about Your and
other Users' activity including, but not limited to, aggregated non-personal
information, personal information, email addresses, behavioral information and
clickstream information. Skiller also retains certain information regarding
transactions and purchases made via Services. Skiller may retain the following
to Service, Your Country, IP Address, browser and user-agent, Phone number,
Mobile Operator, Mobile handset type and
vendor, Games Played, Coins, Games You reported as offensive, Log-in
dates and times.
Consensual Data Collected: Skiller may also, had You provided
it the following information, may, amongst other things, retain Your Full Name,
Email, Gender, Date of Birth, Picture, Friend Network, Preferences, Credit Card
Detail or other billing method You provided Skiller.
Data Not Collected: Skiller is working with accordance
to international regulation and EU standards
of privacy and therefore shall never retain or request any information
regarding ethnic origin, political opinions, religious or philosophical beliefs,
trade-union or political party membership, personal health, personal sexual
preferences or personal sex life. Skiller shall never retain or request data
regarding User passwords or exact geographical location. You should report
Skiller should You encounter any person or electronic service claiming to
receive such information immediately.
No Duty To Retain Data: Please keep in mind that though
Skiller has the right to retain this data, it may remove it at any time and from
time to time, according to its policies.
Personal Information Collected: Skiller retains information
regarding User behaviour and clickstream which may be mined or processed in
order to generate non-personally identifiable User profiles or to profile a
specific User under a specific non-personally identifiable User profile.
Data is Collected: All data is collected in the same manner: when You use
Services, a cookie or a flash shared object are placed in Your device. Skiller
logs all Your Skiller’s activities via raw access logs and 3rd party statistical
phone number, credit card number or all other personal information, Skiller
When is data erased? Upon Your request, Skiller may remove
some personally identifiable data which is not required in order to provide
Skiller's services to other users, or data required to retain according to law
or agreements with 3rd parties to provide billing, support or other
When You make purchases or physical transactions relating to Services,
Skiller may disclose personally identifiable information to the 3rd party with
which You transacted. When You make transactions through Services, we may also
disclose the existence of such transaction to Users and disclose some
information relating to it. Moreover, Skiller may contract 3rd
parties, or 3rd parties may contract Skiller in order to provide
additional services, from time to time, to You and other Skiller Users
(hereinafter: Affiliates). Skiller may provide Affiliates with
information, either personal or non-personal in order to provide You such
Adherence: 3rd party advertisers, analytical
services, advertisers and other parties Skiller contracts must adhere to a
Safe Harbor regulation in order to receive information from Skiller. Moreover,
3rd parties must also exercise security and data protection standards.
Security: Data is collected and stored on
Skiller's servers or servers of 3rd parties operating on its behalf. Skiller's
records which include stored data will not be disclosed to any party, apart from
Skiller's Affiliates, unless compelled to do so by a judicial order or law;
Skiller shall use our best efforts to protect this database from any malicious
activity and request 3rd parties strict confidentiality regarding use of the
Removal of data: You
may view Your User Account details at any time and send Skiller comments
regarding incorrect User information stored on Skiller's database; these
requests should be made by email to our privacy Information office officer..
may refuse to remove, disclose or amend data where You have not supplied with
sufficient evidence as to the identity of the requesting party. As Skiller
takes care for the privacy of others, including Users who share the same
internet connection and/or computer, it may cause grave harm to disclose
personal information without such identification. Also, Skiller may retain data
or refuse to amend it where such amendment was technical and redundant,
jeopardizes the privacy of other parties or users, including 3rd parties' trade
secrets and intellectual property or require major technical efforts which are
not in proportion with the benefit from amending the data. Skiller may also
refuse to delete or correct data if such removal may harm its ability to provide
You with services, billing,
accounting or other obligations.
Accountability: As Skiller's Users' and affiliates' data is
valuable, Skiller has appointed a privacy officer in charge of the execution of
20 Hataas St, Kfar-Sava or at
Privacy@Skiller-Games.com. Skiller shall take the best of means to assure that
Your data shall be retained and processed by the best of means and that every
dispute shall be taken care of and resolved. Skiller' privacy officer shall
compile quarterly reports regarding privacy complaints and violations and
provide details as to actions taken and remedies.
Intellectual Property: Unless otherwise
specified in these TOS or other agreements between You and Skiller, all
copyright, title, patents, trademarks or other intellectual property rights in
Service and Games shall remain with their proprietor. By entering into these
TOS, Skiller grants You a Limited, Free,
Revocable, Non-Transferable, Non-Assignable, license to use Games and
3rd party application: Skiller display or contain Games provided by 3rd
parties who contracted Skiller to distribute Games. You hereby undertake to
accept any End User License Agreement by any 3rd Party or to remove
such application should You decide not to Agree. 3rd parties may
impose further obligations on Games and may remove or revoke Your use of Games
under certain circumstances.
Re-Distribution: Unless specifically permitted to do so by Skiller or
the 3rd party which developed the Game You receive, You may not
transfer, transmit, convey or otherwise distribute Games to any 3rd
party. You acknowledge that distribution of Games violates both these TOS, the
EULA with the 3rd party provided you and copyright laws.
Reverse Engineering and Amendments: Unless specifically
permitted to do so, You may not reverse engineer, decompile, disassemble, debug
or otherwise amend, modify, create derivative works of Games nor will you
integrate Games with other works.
Lease: You may not lease, rent or
otherwise allow 3rd parties to use Games, or any portions thereof, nor you may
allow 3rd parties to access Games as a web-based application, leased product or
any other mean where they are not entitled to do so under law.
Service is provided on an AS-IS basis and with no warranty. Skiller makes
no warrant or claim as to the fitness and merchantability of Service and Games
and shall never be liable for any damage where the Service or Games shall be
made non-available, be in non-satisfactory state or cause any damage to computer
machinery or data. Skiller does not warrant the Quality of Service and shall be allowed to terminate it
without any prior written notice.
Availability: Skiller shall make best efforts to ensure that
Service shall be available most of the time, and at least at 99% of the time.
However, Skiller shall not be held liable for Service's unavailability, server
time out or delayed delivery of Games.
Liability: Skiller takes great steps to keep Service available
and operational through time and to monitor 3rd party applications
and Games. However, as the nature of the world-wide-web, and Skiller rely on 3rd
party services, Skiller shall never be liable, in any case, for any damage to your phone or the
files saved on it by installing Service or 3rd party software and/or
by using the Service. You shall
be solely liable to pay for your data plan, phone and any other utility which
you shall use to use Service and You consensually take all risks involved in using Games.
Indemnification: You hereby undertake to indemnify Skiller for any
claim arising from a Phone owner who denied using Service or pay for Coins. You
hereby irrevocably grant Skiller the right to address your ISP and request your
details in order to execute any claim under this clause and to examine the
accuracy of the denial of payment. Moreover, You hereby warrant to hold Skiller
harmless and indemnify it against any lawsuit brought against it in regards to
Your use of Service in means that violate, breach or otherwise circumvent this
Agreement or 3rd party intellectual property rights. Skiller shall
promptly notify you in case of such legal action and request Your consent prior
to any settlement in relation to such lawsuit or claim.
Reporting Inappropriate Content: Skiller exercises the best of care so 3rd parties
provide Games provide us with the appropriate warranty that they do not violate
any laws, include pornography, sexual violence and/or any other obscene content.
In case you encountered Games which you believe are in violation of any laws
and/or contains pornography or sexual violence, please report it immediately
through our Contact Form.
3rd Party Liability: Skiller collects Games from 3rd parties
and does not create it by itself. The Company, in no case, shall be liable for
any breach of intellectual property rights, slander or defamation, privacy or
any other legal obligation violated by any 3rd party.
Advertisements: Skiller may, at its own discretion and for its
causes, include within Services any links for 3rd party websites, advertisements
or links for applications (“3rd Party Content”). Skiller does not warrant for
3rd Party Content or availability thereof nor does it endorse it. Skiller shall
not be held, or claimed to be held, liable for any 3rd Party Content, its
legality or illegality, its adequacy with regulations and its quality. Moreover,
You agree not to circumvent any 3rd Party Content by any ad blocking software or
any other mean.
If any provision of these TOS shall be held
ineffective, illegal or unenforceable by any jurisdiction, it may not inflict,
annul or terminate the remaining provisions.
Governing Law, Jurisdiction: Any conflict arising from the execution of this
Agreement shall be brought to an arbitrator competent of Electronic Commerce.
The Arbitrator shall be agreed and selected by both parties and in case no
arbitrator shall be agreed on, the Chair of the Israeli Consumer Organization
may appoint one. The Arbitrator shall be subjected to the Israeli Law, but not
the procedure and evidence laws, and shall provide a decision within reasonable
time from hearing the parties.