Gamitee - Terms of Application

Gamitee Ltd. (“Gamitee”, or “us”, “our”, “we”) provides a proprietary digital group chat, board and interaction interface (the “Application”) that is integrated into third party websites. These Terms of Application (“Terms”) govern your access and use of the Application. “You” or “Your” means a user of the Application.

Please read these Terms carefully. These Terms govern your access to and use of the Application. By accessing or using the Application (including all Content available through the Application), you signify your assent to both these Terms and our Privacy Policy, which is available at [__] (the “Privacy Policy”). Changes may be made to these Terms from time to time. Your continued use of the Application will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not make any use of the Application

Use of Application

Gamitee allows you to access and use the Application subject to the terms and conditions of these Terms for your personal use only. This does not allow you to make any commercial use of the Application or Content (as defined below). Subject to the terms and conditions hereof, Gamitee hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license to access and use the Application.

Use of and access to the Application is void where prohibited. By using the Application, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or have the permission of your parent or guardian, and (d) your use of the Application does not violate any applicable law or regulation or any obligation you may have to a third party. Currently, Gamitee makes the Application available free-of-charge to you, but Gamitee may choose at any time to charge for your future use of the Application.

You acknowledge that Gamitee may, in its sole discretion and at any time, modify the Application and/or discontinue providing the Application or any part thereof without notice. Gamitee has no obligation to maintain or support the Application or provide updates in respect thereof.

Accounts

You may register to use Gamitee by providing the requested information or by logging in through a social media account. We may change the method of registration at our discretion. By registering through a social media account you represent and warrant that such account is yours and you have all right to provide us with the information in such account. Gamitee reserves the right to refuse to allow any user to open an account for any reason at its sole discretion. You agree that you will supply accurate and complete information to us in the creation of your account and the use of the Application, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date.

You shall not share your account or login information with any third party, nor let any third party access your account, and are responsible for maintaining the confidentiality of the login information for your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your use of the Applications if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. Gamitee will not be liable for any losses or damage arising from unauthorized use of the Applications, and you agree to indemnify and hold Gamitee harmless for any improper or illegal use of the Applications.

Termination of Use

You agree that Gamitee may for any reason, in its sole discretion and without notice, terminate your account and/or use of the Application. Grounds for such termination may include (i) violation of the letter or spirit of these Terms, (ii) fraudulent, harassing or abusive behavior, or (iii) behavior that is harmful to other users, third parties, the community ethos of our Applications or the business interests of Gamitee. In the event that we terminate your account, you may not register for the Applications again without our express permission. If you believe that any action has been taken against your account in error, please contact us at Team@Gamitee.com.

If Gamitee believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Application. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, Content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Application. Any suspension, termination, or cancellation of your account shall not affect your obligations to Gamitee and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Content

Certain types of content may be made available through the Application. “Content” as used in these Terms means, collectively, all content on or made available through the Application, including but not limited to pictures and text posted by means of the Application, whether by us or by any other member or user of the Application.

Gamitee may allow you to post Content by means of the Application, participate in forums or chats, or to provide feedback, comments and ratings. You are fully and solely responsible for any Content you submit or post by means of the Application, and represent and warrant that such Content (a) complies with all applicable law, does not infringe third party moral or privacy rights and does not infringe third party intellectual property rights, (b) does not contain any defamatory, libelous, vulgar, obscene or otherwise offensive content, and (c) complies with applicable law. Gamitee has no obligation to accept, display, review or maintain any Content. Moreover, Gamitee reserves the rights to remove and permanently delete any Content, including any statements of any user, without notice and for any reason. Any posted or submitted Content shall not be considered confidential and may be disseminated by Gamitee without any compensation to you. Content you provide may be available to the public, and you should have no expectation of privacy in the same. This provision shall not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Application or in any Content. GAMITEE DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND GAMITEE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.

Gamitee may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means. Gamitee has the right to edit, delete, distort or move user Content from the Application without notice for any reason at any time.

Intellectual Property

Gamitee and its licensors own the Application, including all worldwide intellectual property rights in the Application and Content, and the trademarks, Application marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Application or any Content. You will not remove, alter or conceal any copyright, trademark, Application mark or other proprietary rights notices incorporated in the Application or Content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, Application mark, logo, or trade name of Gamitee or any third party.

By submitting or posting any Content, you grant Gamitee and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Application (including to post such Content to any social media Internet sites or applications) in any media formats and through any media channels, including without limitation, for commercially promoting the Application.

Your Responsibilities

Gamitee cannot and does not accept any responsibility or liability in respect of the third party websites on which you use the Application. ANY USE OF, ACCESS TO OR RELIANCE ON CONTENT, SERVICES AND INFORMATION PROVIDED BY THIRD PARTY WEBSITES IS AT YOUR OWN RISK AND GAMITEE TAKES NO RESPONSIBILTIY OR LIABILITY THEREFORE. FURTHERMORE, GAMITEE DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE ACTIONS OR INACTIONS YOU CHOOSE TO TAKE AS A RESPONSE TO THE NOTIFICATIONS OR CONTENT PROVIDED BY THE APPLICATION.

Content Restrictions

You agree that you will not act in any way or transmit or post any Content that: (a) restricts or inhibits use of the Application; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner (including creating multiple accounts or personas) whether to another user, to us, or otherwise; (d) infringes (or results in the infringement of) Gamitee’s or any other third party’s intellectual property or other rights; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations or would cause Gamitee to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage Gamitee or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.

Use Restrictions

The software and technology underlying the Application is the property of Gamitee, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Application, including in order to allow you to copy or download any Content; (b) modify the Application or insert any code or product, or manipulate the Application in any way, (c) circumvent, disable, or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any Content; (d) use the Application and/or Content in connection with any commercial endeavors in any manner; (e) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Application; or (f) harvest, collect or mine information about other users of the Application.

Copyright Infringement

Gamitee respects the intellectual property rights of others and expects its users to do the same. Gamitee will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. We reserve the right to remove any Content without prior notice to you, any other user, or any third party.

Disclaimers & Disclaimer of Warranty

Your use of the Application and/or Content as well as any use of third party sites on which the Application is available is at your sole discretion and risk. The Application and/or Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Gamitee. GAMITEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APPLICATION AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GAMITEE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPLICATION AND/OR CONTENT; OR (II) THAT THE APPLICATION WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APPLICATION.

Content on the Application comes from a variety of sources, including, but not limited to, the users of the Application and third party sites. Gamitee attempts to be as accurate as possible. HOWEVER, GAMITEE DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. GAMITEE IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE APPLICATION, WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE APPLICATION. GAMITEE CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Content information at any time without prior notice.

You understand that Gamitee is not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to any Content available on the Application or on the third party sites on which the Application is available. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Gamitee with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Application, including any Content that you may choose to make available. Anyone receiving or viewing Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Application or through any Content. Please carefully select the type of information that you post on the Application or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE APPLICATION OR OTHERWISE.

No advice or information, whether oral or written, obtained by you from Gamitee, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

Gamitee assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. Gamitee is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Application, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Application. Under no circumstances shall Gamitee be responsible for any loss or damage, including personal injury or death, resulting from use of the Application, from any Content posted on or through the Application, or from the conduct of any users of the Application, whether online or offline.

IN NO EVENT SHALL GAMITEE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE APPLICATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GAMITEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL GAMITEE’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO GAMITEE FOR USE OF THE APPLICATION. IF YOU HAVE NOT MADE ANY PAYMENTS TO GAMITEE FOR THE USE OF THE APPLICATION, THEN GAMITEE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Gamitee and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Application, including, without limitation, provision of Applications in connection with the Application) shall be in compliance with all applicable laws, regulations and guidelines.

Content Linked to by Gamitee

The Application involves linking to and using websites belonging to third parties. The Application may also provide you with links to access the sites of third party vendors or retailers. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, Gamitee cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Gamitee is not responsible for content or available by means of such sites. Gamitee does not endorse any products or offered by third parties and we urge our users to exercise caution in using third-party sites.

Miscellaneous

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 or the Application shall be brought exclusively in the courts in Tel Aviv/Jaffa and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Gamitee must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Gamitee or authorizes you to act on behalf of Gamitee. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Gamitee and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the Application, but we cannot guarantee that anything available on the Application, or any records or information relating to the Application, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.