1. Background. The Site is intended to provide information about vgames and its activities.
2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms. The Site is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not visit or use the Site.
4. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Materials (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Materials or that enforce limitations on use of the Site.
5. Intellectual Property Rights.
5.1 Materials and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials“), (ii) the trademarks, service marks and logos contained therein (“Marks“), are the property of vgames and/or its entities and/or licensors and/or portfolio companies and may be protected by applicable copyright or other intellectual property laws and treaties. “vgames”, the vgames logo, and other marks are Marks of vgames or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Materials.
5.2 Use of Materials. Materials on the Site are provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcasted, 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.
5.2 Spam. You agree not to, and will not, use the communications systems and contact details provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
6. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Materials available on the Site are accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Materials, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Materials. Your use of the Materials, or any part thereof, is made solely at your own risk and responsibility.
9. Warranty Disclaimers.
9.1 Applicable law may not allow the exclusion of certain warranties. Therefore, certain exclusions set forth herein may not apply.
10. Limitation of Liability and indemnity. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VGAMES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF VGAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You agree to defend, indemnify and hold harmless vgames and its affiliates, respective founds, companies, partners, shareholders, members, 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 Site; (ii) your interaction with any Site user; or (iii) your violation of these Terms.
11. Term and Termination. These Terms are effective until terminated by vgames or you. Vgames, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Vgames shall not be liable to you or any third party for termination of the Site, 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 Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 13 and Sections 5 (Intellectual Property Rights), 9 (Privacy), 11 (Warranty Disclaimers), 12 (Limitation of Liability and Indemnity), and 14 (Independent Contractors) to 17 (General) shall survive termination of these Terms.
12. Independent Contractors. You and vgames are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and vgames. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of vgames.
13. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by vgames without restriction or notification to you. Any prohibited assignment shall be null and void.
14. Governing Law. Vgames reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and vgames 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, and only the courts in Tel-Aviv, Israel, shall have jurisdiction in any conflict or dispute arising out of these Terms.
15. General. These Terms shall constitute the entire agreement between you and vgames concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 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 THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.