Thank you for visiting Social Casinos-Oesterreich (the
Site). PLEASE READ THESE TERMS OF SERVICE (TERMS)
CAREFULLY BEFORE USING THIS SITE OR ANY
APPLICATIONS OR SERVICES AVAILABLE FROM IT. This
Site is operated by Social Casinos-Oesterreich Ltd. its
subsidiaries and affiliates (collectively, Social Casinos-
Oesterreich, we us or our). You are the person or entity
using the Site, including by submitting User Materials (as
defined below), ordering or using Applications (as defined
below).
By using this Site, clicking on a button indicating your
consent, or ordering or using certain applications,
services or software, and content including games for use
therewith, either at no charge or for a fee (such
applications, services, software and any related content
provided by Social Casinos-Oesterreich or its licensors is
referred to herein collectively as Applications), you agree
to these Terms including but not limited to conducting this
transaction electronically, and to disclaimers of
warranties, damage and remedy exclusions and
limitations, and a choice of the law of the Israel, all as
further set forth herein. If you do not agree to these
Terms, you do not have permission to use the Site or the
Applications. Social Casinos-Oesterreich reserves the
right, in its sole discretion, at any time to modify,
discontinue or terminate the Site and Applications, or
modify these Terms without notice. All modified terms and
conditions will be effective after they are posted on the
Site (unless a longer notice period is required by
applicable law). If any modified terms and conditions are
not acceptable to you, your sole remedy is to cease using
the Site and Applications. By continuing to access or use
the Site and Applications after Social Casinos-Oesterreich
makes any such revision, you agree to be bound by the
revised Terms
You may also be subject to additional terms and
conditions when you use third-party content, services, or
software (including Applications) accessed through or
promoted on the Site.
1. REGISTRATION, ORDERING, AND SUBSCRIPTION OBLIGATIONS
In consideration of your use of the Site and/or Applications, you agree to provide true,
accurate, current and complete information about yourself as prompted by the Site registration
process, provided that in connection with registration, you do not need to, and should not, use
your full or true name for your username. The Site is intended for adults who have not been
previously suspended or removed from the Site by Social Casinos-Oesterreich; and people
who have been previously suspended or removed from the Site may not create user accounts
and you represent that you are so qualified to create a user account. Minors should seek
consent of his or her legal guardian before using the Site. If you provide information that Social
Casinos-Oesterreich, in its sole discretion, believes to be inaccurate, not current, or
incomplete, or if you select a username that Social Casinos-Oesterreich, in its sole discretion,
finds offensive or inappropriate, Social Casinos-Oesterreich has the right to suspend or
terminate your account and refuse any and all current or future use of the Site. You agree that
you are solely responsible and liable for all activities and actions taken via your password,
whether or not made with your knowledge or authority. You agree to guard your password
carefully and to exit from your account at the end of each session, with the full awareness that
a failure to keep your password secure will enable others to engage in transactions or take
other actions through the Site for which you will be legally responsible. If you suspect that
someone may have obtained access to your password that is not intended to have authority to
act on your behalf, please contact Social Casinos-Oesterreich immediately to authorize Social
Casinos-Oesterreich to deny access to the Site to anyone else presenting your username and
password. Social Casinos-Oesterreich cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section. You agree that the information that you
provide to us upon registration, and at all other times will be true, accurate, current and
complete and you agree to maintain and promptly update such information to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Social Casinos-Oesterreich, in its sole discretion, suspects that such
information is untrue, inaccurate, not current or incomplete, Social Casinos-Oesterreich has
the right to suspend or terminate your account and refuse any and all current or future use of
the Site or Applications (or any portion thereof).
2. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site may, at Social Casinos-Oesterreich’s option, be conducted
electronically. Social Casinos-Oesterreich may keep
records of any type of communication conducted via the Site. All electronic records are deemed sent when
they are properly addressed to the recipient and
the record enters an information processing system outside the control of the sender or the record enters a
region of an information processing system
under the recipient’s control. All electronic records are received when the record enters an information
processing system that the recipient has designated
or uses for the purpose of receiving electronic records or information of the type sent, in a form capable
of being processed by that system, and from which
the recipient is able to retrieve the electronic record. By using this Site you consent to these Terms.
3. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
Subject to these Terms, Social Casinos-Oesterreich hereby grants you a limited, personal, non-commercial,
non-exclusive, non-sub licensable, non-
assignable, and right to view and use the Site only for the purposes of viewing or playing content such as
games, posting User Materials or for accessing
information, Applications and services. Social Casinos-Oesterreich reserves the right to suspend or deny, in
its sole discretion, your access to all or any
portion of the Site as described below. This license is limited to personal and non-commercial use by you.
Any rights not expressly granted to you herein are
reserved to Social Casinos-Oesterreich and its licensors. Unless you have received specific written
permission from Social Casinos-Oesterreich, or
otherwise permitted by the Site, you may not: (a) frame or otherwise impose editorial comment, commercial
material or any information or content on, or in
proximity to, content displayed on the Site; (b) alter or modify any content on the Site; (c) deep link to
any portion of the Site; or (d) use the Site or
Applications in any unlawful manner or in any other manner that could damage, disable, overburden or impair
the Site, as Social Casinos-Oesterreich may
determine in its sole discretion. Without limiting other restrictions, you agree not to reproduce, modify,
adapt, prepare derivative works based on, perform,
display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, User
Materials and/or Applications (other than your User
Materials). In addition, you agree not to record in any way shape or form any of the users if and when they
are shown on the Site, including while playing any
of the Applications. Upon termination, all licenses and other rights granted to you by these Terms will
immediately cease. Social Casinos-Oesterreich will not
be liable to you or any third party for termination of the Site or Applications or termination of your use
of the Site or Applications. UPON ANY TERMINATION
OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR THAT IS RELATED TO YOUR ACCOUNT MAY NO
LONGER BE
ACCESSED BY YOU. Furthermore, Social Casinos-Oesterreich will have no obligation to maintain any information
stored in our database related to your
account or to forward any information to you or any third party.
The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for
this purpose is subject to the following conditions:
You understand that all postings, messages, user feedback, data, comments, suggestions, information, text,
data, software, sounds, photographs, audio,
audiovisual, video, artwork, graphics, files and other materials of any nature (User Materials) that are
transmitted to or via the Site are the sole responsibility
of the person from which the User Materials originated. This means that the person, who submitted the User
Materials, and not Social Casinos-Oesterreich,
is entirely responsible for the User Materials transmitted through the Site.
Further, you understand that by using the Site you may be exposed to User Materials that are inaccurate,
offensive, objectionable or indecent. Social
Casinos-Oesterreich has no ability to control the User Material that is uploaded, posted or otherwise
transmitted using the Site or Applications and does not
have any obligation to monitor such User Material for any purpose and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you
have or may have against Social Casinos-Oesterreich with respect thereto. You agree that you must evaluate,
and bear all risks associated with, the use of
any User Materials, that you may not rely on said User Materials, and that under no circumstances will
Social Casinos-Oesterreich be liable in any way for any
User Materials or for any loss or damage of any kind incurred as a result of the use of any User Materials
posted, emailed or otherwise made available via the
Site, including in connection with the accuracy, usefulness, completeness, appropriateness, intellectual
property rights, legality or applicability of the User
Material or anything said, depicted or written by users of the Site or Applications, including without
limitation any information obtained by using the Site.
Social Casinos-Oesterreich does not endorse any User Material or any opinion, recommendation, or advice
expressed therein and Social Casinos-
Oesterreich expressly disclaims any and all liability in connection with User Material.
When uploading User Materials to the Site, you agree to select an accurate category for your User Materials.
In addition, you agree that you will refrain from
using tags that do not pertain to the User Materials you uploaded or that infringe upon anyone else’s
trademark or other intellectual property.
You shall not create a user name or screen name or upload to, distribute through or otherwise publish
through the Site any User Materials which are unlawful,
obscene, inaccurate, tortuous, harmful, embarrassing, distressing, harassing, defamatory or hateful or that
contains objects or symbols of hate, racially or
ethnically offensive, invades the privacy of any third party, contains nudity (including without limitation
any pornography, erotica, child pornography or child
erotica), is deceptive, threatening, abusive, inciting or promoting unlawful action, defamatory, libelous,
vulgar or violent or constitutes hate speech or is
otherwise objectionable in the opinion of Social Casinos-Oesterreich, in its sole discretion.
Your User Materials, user name and/or screen name will not disparage in any manner Social
Casinos-Oesterreich, its licensors, or their Applications,
products, or services and sites.
Your User Materials shall not infringe the copyright, trademark, publicity/privacy right or other
intellectual property right of any third party.
You shall not upload to, distribute through or otherwise publish through the Site any User Materials that
are directly or indirectly commercial in nature or
contain any solicitation of funds, promotion, advertising or solicitation for goods or services, including
but not limited to chain letters’ promo-codes, pyramid
schemes and spam. You specifically acknowledge and agree that soliciting other users to join or become users
or members of any commercial online web
site or other organization is expressly prohibited.
When uploading User Materials to the Site, should you opt to allow codes to be generated enabling others to
link to your User Materials and/or display your
User Materials on others web pages, you agree that your User Materials may be linked to or displayed by
non-Social Casinos-Oesterreich websites and you
consent to such linking or display.
You shall not upload to, distribute through or otherwise publish through the Site any User Materials that
contain viruses or any other computer code, files, or
programs designed to (i) interrupt, destroy or limit the functionality of any computer software, including
without limitation, the Site and Applications; or (ii)
interfere with the access of any user, host or network, including without limitation sending a virus,
overloading, flooding, spamming or mail-bombing the Site.
You agree not to post or otherwise make available User Materials that disrupt the normal flow of message
board dialogue with an excessive number of
messages (i.e. flooding attack) or that otherwise negatively affects other users’ ability to use message
boards.
You agree not to employ misleading email addresses, or forged headers or otherwise manipulated identifiers
in order to disguise the origin of User Materials
transmitted through the Site or in any way use the Site or Applications to send altered, deceptive or false
source-identifying information.
You agree not to post or otherwise make available User Materials that impersonate any person or entity or
falsely state or otherwise misrepresent your
affiliation with a person or entity or access the accounts of others without permission, forge another
persons’ digital signature, misrepresent the source,
identity, or content of information transmitted, or perform any other similar fraudulent activity.
You agree not to post or otherwise make available User Materials that include personal or identifying
information about another person without that person’s
explicit consent or that is false, deceptive, misleading, deceitful, or misinformative.
You agree not to use message boards to contact anyone who has asked not to be contacted; stalk or otherwise
harass anyone; collect personal data about
other users for commercial or unlawful purposes; to post repeatedly the same or similar messages or
otherwise impose unreasonably large loads on our
infrastructure; use automated means, including spiders, robots, crawlers, or other data-mining tools or the
like to download data from the message boards.
You agree not to upload, stream, email or otherwise transmit (i) any User Material to which you do not have
the lawful right to copy, transmit and display
(including any User Material that would violate any confidentiality or fiduciary obligations that you might
have with respect to the User Material); (ii) any User
Material for which you do not have the consent or permission of each identifiable person in the User
Material to use the name, voice, signature, photograph,
or likeness of each such person (to the extent each is implicated by the User Material) and such consent or
permission is necessary; or (iii) any User Material
that infringes, violates or misappropriates the intellectual property rights or violates the privacy rights
of any third party (including without limitation
copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of
publicity)
You agree not to upload stream, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain
letters, pyramid schemes or any other form of solicitation.
You agree not to upload, stream and email or otherwise transmit any User Materials that include code that is
hidden or otherwise surreptitiously contained
within the images, audio or video of any User materials that is unrelated to the immediate, aesthetic nature
of the User Materials.
Social Casinos-Oesterreich reserves the right to remove without notice any User Material that violates these
Terms, including without limitation, any User
Materials with content that infringes or may infringe a third partys right and/or is unlawful, obscene,
pornographic, defamatory, libelous, threatening, hateful,
racially or ethnically offensive or otherwise inappropriate and to terminate the access of the submitter of
such User Materials to the Site and/or Applications.
Social Casinos-Oesterreich and its designees shall have the right (but not the obligation) in their sole and
absolute discretion to re-categorize, refuse or
remove any User Materials, as well as terminate your access to the Site. Social Casinos-Oesterreich may
establish practices and limits concerning the use of
the Site and Applications, including the maximum disk space that will be allotted to your use or maximum
number of days that User Material will remain on
the Site. You agree that Social Casinos-Oesterreich has no liability or responsibility for the storage or
deletion of any User Materials that you submit or post.
Social Casinos-Oesterreich reserves the right to change these general practices and limits at any time in
its sole discretion, with or without notice.
4. VIOLATIONS OF TERMS AND LIQUIDATED DAMAGES
If you believe that any content on the Site (including, without limitation, User Materials) violates any of
the terms of these Terms, please send us a message
about it as set forth below.
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be
reasonably calculated then you will be liable to
pay Social Casinos-Oesterreich any and all actual damages, to the extent such actual damages can be
reasonably calculated for any breach of these Terms,
but in any event, no less than one thousand dollars ($1,000) for each material breach.
5. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
Social Casinos-Oesterreich may but is not obligated to offer you, as it may determine in its sole
discretion, the ability to use Applications, if you so desire. For
example, Social Casinos-Oesterreich may provide chat areas, bulletin boards, e-mail functions, software and
services that allow you to download specific
content from the Sites to your computer, multi-player games and software that allows you to create
greetings, puzzles, photographs, musical compositions
and mixes, music videos and cartoons. Without limiting your obligations and restrictions described herein,
your limited license to use the Applications is
subject to the following conditions:
The Applications that are made available to you are the copyrighted work of Social Casinos-Oesterreich
and/or its licensors. The use of each Application is
governed by the end user license agreement (EULA) that accompanies or is included in the Application or is
expressly stated on the Site pages
accompanying the Application and these Terms. In the event that no EULA accompanies the Application, then
the Terms shall govern your use of the
Application. You may not download or use any Application from the Site without agreeing to the EULA, if any,
and these Terms. Certain Applications may be
owned by third parties and distributed under a third party EULA and you agree that Social
Casinos-Oesterreich shall not be responsible for any loss or
damage of any sort relating to your dealings with such third parties.
Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use
the Application from a single computer for
personal and non-commercial purposes. You may not make copies of or distribute the Application or
electronically transfer the Application from one
computer to another or over a network, nor may you separate any content from an associated Application. You
may not decompile, reverse engineer,
disassemble or otherwise attempt to discover the source code of any of the software used to provide the Site
or the Applications or any part thereof. You
may not rent, lease or sublicense the Application. You may not create derivative works of the Application
and you may not export the Application in violation
of any U.S. or foreign law, rule or regulation. All rights in Applications not specifically granted to you
in writing by Social Casinos-Oesterreich are reserved to
Social Casinos-Oesterreich.
Social Casinos-Oesterreich may cease support of any Application at any time in its sole discretion, as
further described in these Terms.
Applications you use or download from the Sites may contain third party digital rights management systems
(DRMS) which may allow for communication
between your software and the third party and utilize security features (e.g., preventing distribution of or
access to the applications in the event of
unauthorized use). These DRMS are subject to their own license agreements and you agree that Social
Casinos-Oesterreich shall not be responsible for any
loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The
Applications may also contain DRMS produced by
Social Casinos-Oesterreich which allow for communication between the applications you use or download and
our systems and which collect information
describing your computer system in order to prevent illegal or unauthorized use of the applications. More
specifically, the DRMS for subscription services
and Applications licensed from the Site may transmit certain information when you either enter a purchase
key or sign in with your subscription service user
name and password.
Social Casinos-Oesterreich will try to provide the Applications with minimum disruptions. However there is
no guarantee that the Applications will always
function without disruptions, delay or other imperfections. Social Casinos-Oesterreich shall not be
responsible for any connection or access to the Site or
Applications by you or the quality of the transmission of any information passing between you and the Site.
You will be responsible for providing your own
communications equipment to access the Site and use of the Applications via the Internet or WAP service, and
the Internet/WAP access charges thereon.
You recognize that Social Casinos-Oesterreich shall not be responsible for any reduced functionality
resulting from, or in connection with, your use of the
Site or Applications via WAP. Social Casinos-Oesterreich may change technical features in order to keep pace
with the latest demands and technological
developments or to comply with any regulations. Social Casinos-Oesterreich may also have to repair, improve,
and/or upgrade the Applications and this may
require us to restrict, limit, suspend, interfere and/or interrupt the Applications.
6. INTELLECTUAL PROPERTY RIGHTS
Social Casinos-Oesterreich may but is not obligated to offer you, as it may determine in its sole
discretion, the ability to use Applications, if you so desire. For
example, Social Casinos-Oesterreich may provide chat areas, bulletin boards, e-mail functions, software and
services that allow you to download specific
content from the Sites to your computer, multi-player games and software that allows you to create
greetings, puzzles, photographs, musical compositions
and mixes, music videos and cartoons. Without limiting your obligations and restrictions described herein,
your limited license to use the Applications is
subject to the following conditions:
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple
measures to prevent copyright infringement over
this Site and to promptly end any infringement that might occur. If you believe that the Site contains
elements that infringe your copyrights in your work,
please send a duly executed notice of such infringement with sufficient information for Social
Casinos-Oesterreich to determine the merit of such notice. We
cannot guarantee that we will respond to your notice and we reserve the right to take or refrain from taking
any or all steps available to us once we receive
any such notice.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content
from the Site or Applications is prohibited, unless
specifically authorized by Social Casinos-Oesterreich. Accordingly no such content or Applications may be
used on another web site without express written
permission from Social Casinos-Oesterreich.
Social Casinos-Oesterreich and its licensors own all right, title and interest, including all worldwide
intellectual property rights in the Site and Applications
and the trademarks, service marks, logos visual interfaces, graphics, design, compilation, information,
computer code (including source code or object
code), products, services, and all other elements of the Site and Applications other than User Materials
(the property rights of which are covered elsewhere
in these Terms) (the Social Casinos-Oesterreich Materials). Except as expressly authorized by Social
Casinos-Oesterreich, you agree not to sell, license,
distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative
works from, or otherwise make unauthorized use of the
Social Casinos-Oesterreich Materials.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the Site,
Applications, User Material or related products and services.
7. PRIVACY POLICY
Social Casinos-Oesterreich respects your right to privacy and understands that visitors to Social
Casinos-Oesterreich need to be in control of their personal
information. To that end Social Casinos-Oesterreich has developed a Privacy Policy, and you should review it
carefully. Your use of the Site is your consent to
the Privacy Policy.
8. ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that
effect how the Site works. When we find them on
our end, we will try to fix them. Unfortunately, your home computer may cause some glitches that effect how
you see our Site — and that is beyond our
control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your
computer. Malware — short for MALicious
softWARE — is a term used to broadly classify a form of software which is installed in a computer system
with malicious intentions, usually without the
owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content,
rogue programs and dialers, among others.
While we continuously work closely with our partners to ensure that everything on the Site is working
properly, sometimes Malware programs on your
personal computer may interfere with your experience on our Site and on other sites that you visit.
Please note that we cannot be responsible for the effects of any third-party software including Malware on
your computer system. Please make sure to
carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer
technician.
9. SUBMITTING USER MATERIALS AND LICENSE GRANT
Social Casinos-Oesterreich will own all right, title and interest in and to all derivative works and
compilations of User Material that are created by Social
Casinos-Oesterreich, including all worldwide intellectual property rights therein. You agree to execute and
deliver such documents and provide all assistance
reasonably requested by Social Casinos-Oesterreich to give to Social Casinos-Oesterreich the full benefit of
the rights granted to Social Casinos-
Oesterreich by you. You agree that you must evaluate, and bear all risks associated with, the use of any
User Material, including any reliance on the
accuracy, completeness, or usefulness of such User Material.
You understand that whether or not such User Materials are published on the Site, Social Casinos-Oesterreich
does not guarantee any confidentiality with
respect to any submissions. Social Casinos-Oesterreich does not want to receive confidential or proprietary
information from you through the Sites or by
email.
In the absence of an express written agreement between you and Social Casinos-Oesterreich, any User
Materials, information or idea you transmit to Social
Casinos-Oesterreich by any means may be disseminated or used by Social Casinos-Oesterreich or its affiliates
without compensation or liability to you for
any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing. You
acknowledge, however, that because of Social Casinos-
Oesterreich and its affiliates’ position in the games industry, other persons, including Social
Casinos-Oesterreich’s employees, may have submitted to Social
Casinos-Oesterreich or to others, or may have made public, or may hereafter create, submit to Social
Casinos-Oesterreich or make public, similar or identical
material that Social Casinos-Oesterreich may have the right to use. You understand and agree that Social
Casinos-Oesterreich’s use of material similar to or
identical with the User Materials or containing features or elements similar to or identical with those
contained in the User Materials will not obligate Social
Casinos-Oesterreich to negotiate with you, nor will it entitle you to any compensation of any kind. However,
this provision does not apply to personal
information that is subject to our privacy policy, which is subject to separate provisions. Social
Casinos-Oesterreich does not claim ownership in User
Materials you submit; however, by submitting User Materials in any form to Social Casinos-Oesterreich, in
addition to other provisions of the Terms, you
hereby waive any and all moral rights in connection with the User Materials and you automatically grant
Social Casinos-Oesterreich a royalty-free, fully-paid,
world-wide, non-exclusive, sub-licensable (through multiple tiers), perpetual and irrevocable and assignable
right and license but not the obligation, to use,
host, copy, publicly perform, publicly display, reproduce, modify, publish, exhibit, broadcast, edit, (e.g.,
for promotional uses, dubbing, subtitling, translating,
time constraints, and censorship rules), compress adapt, promote, package with other works, convert for
streaming, distribute, transmit, translate,
manufacture, market, license, broadcast, rent and lease and otherwise exploit the User Materials, or any
portion thereof, and sublicense others to do so
(including through multiple tiers) in any form, medium or technology now known or later developed, including
without limitation on the Site and third party
websites and if you so choose when uploading, streaming, submitting, emailing, posting, publishing or
otherwise transmitting any User Material to Social
Casinos-Oesterreich or on the Site or thereafter, such license shall include the right to copy, transmit,
display and redistribute such User Material in any form,
medium or technology now known or later developed, including without limitation on third party websites. You
further grant to each user of the Site and
Applications a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and
view your User Material and if you so choose
when uploading, streaming, submitting, emailing, posting, publishing or otherwise transmitting any User
Material to Social Casinos-Oesterreich or on the Site
or thereafter, such license to each user of the Site or Applications shall include the right to copy,
transmit, display and redistribute such User Material on
third party websites. The foregoing license granted by you terminates once you, or Social
Casinos-Oesterreich, remove or delete a User Material from the
Site. Notwithstanding anything herein to the contrary, the foregoing license shall survive with respect to
any sublicenses granted by Social Casinos-
Oesterreich until such sublicenses terminate or expire. You obtain no rights in any form, media, or
technology incorporating the User Materials.
10. INDEMNITY
You agree to indemnify and hold Social Casinos-Oesterreich, its parent company, subsidiaries, affiliates,
officers, agents, partners and employees harmless
from any claim or demand, including reasonable attorney’s fees, arising out of your content and User
Materials, your use of the Site, your violation of these
Terms or your violation of any third party’s rights including such party’s intellectual property right,
publicity, confidentiality, property or privacy right or the
breach of any law.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND APPLICATIONS IS AT YOUR SOLE DISCTRETION AND RISK. EXCEPT IF EXPRESSLY PROVIDED
OTHERWISE IN A WRITTEN
AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND Social Casinos-Oesterreich, THE SITE AND APPLICATIONS, CONTENT,
USER MATERIALS AND
RELATED INFORMATION OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU AS IS AND AS AVAILABLE, WITH ALL
FAULTS BASIS WITHOUT
WARRANTY OF ANY KIND. Social Casinos-Oesterreich HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A)
ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE;
AVAILABILITY OF THE SITE AND APPLICATIONS; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT
MANIFESTS CONTAMINATING OR
DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY
INFORMATION ON THE SITE;
AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE,
APPLICATIONS, OR
RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN
CONNECTION WITH THE SITE,
APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM Social
Casinos-Oesterreich, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
IN ADDITION, Social Casinos-Oesterreich DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET
ENJOYMENT IN CONNECTION WITH THE
SITE, APPLICATIONS, AND RELATED INFORMATION.
12. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE
SUITABLE OR ACCURATE FOR
YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE
OBTAINED THROUGH
THE SITE OR ANY OTHER USE OF THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR
COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED
TO RUDE, CRUDE,
INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT Social Casinos-Oesterreich SHALL NOT BE
RESPONSIBLE FOR ANY LOSS
OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE
SITE.
13. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER Social Casinos-Oesterreich NOR ANY OF Social
Casinos-Oesterreich’S
OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY
CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY
INCLUDING BUT NOT LIMITED TO
ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR
PUNITIVE DAMAGES
WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY
BREACH OF THESE TERMS,
EVEN IF Social Casinos-Oesterreich HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT
OF FAULT, TORT (INCLUDING
NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY Social Casinos-Oesterreich OR ANY OF Social
Casinos-Oesterreich’S
OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS SHALL BE, AT Social Casinos-Oesterreich’S OPTION, (1) SUBSTITUTION
OR REPLACEMENT OF ALL OR
PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON
Social Casinos-Oesterreich;
OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO Social Casinos-Oesterreich. YOU AGREE THAT THE DAMAGE
EXCLUSIONS IN THESE TERMS SHALL
APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of Social Casinos-Oesterreich and any third parties mentioned on
the Site, in addition to other representations and
obligations contained in these Terms, that: (a) you are 18 years old or an emancipated minor who possess the
legal right and ability to enter into and make
the representations and warranties contained in these Terms; (b) all information submitted by you to the
Site is true and accurate; (c) you will keep your
registration information current; (d) you will be responsible for all use of your password even if such use
was conducted without your authority or permission;
(e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the
creator and owner of or have all the necessary
licenses, rights, consents, releases and permissions to use and to authorize Social Casinos-Oesterreich and
its users to use your User Material as necessary
to exercise the licenses granted by you in this section and in the manner contemplated by Social
Casinos-Oesterreich and these Terms; (g) the User
Materials you submit to the Site do not infringe any third party right, such as copyright, trademark, and
publicity/privacy right; (h) the User Materials you
submit to the Site do not and will not: (1) slander, defame, or libel any other person or entity, or (2)
contain any viruses, adware, spyware, worms, or other
malicious code; (i) you have the written consent, release, and/or permission of each and every identifiable
individual person in the User Materials to use the
name or likeness of each and every such identifiable individual person to enable inclusion and use of the
User Submissions in the manner contemplated by
the applicable Site and these Terms of Service; (j) you will not remove, circumvent, disable, damage or
otherwise interfere with security-related features of
the Applications or User Materials Submissions, features that prevent or restrict use or copying of any
content accessible through the Applications or
features that enforce limitations on the use of the Applications or User Materials; (k) you will not
interfere with or disrupt (or attempt to interfere with or
disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical
delivery systems of Social Casinos-Oesterreich’s
providers or disobey any requirements, procedures, policies or regulations of networks connected to the
Site; (l) you will not attempt to probe, scan or test
the vulnerability of any Social Casinos-Oesterreich system or network or breach or impair or circumvent any
security or authentication measures protecting
the Site or Applications; and (m) you agree to defend, indemnify, and hold Social Casinos-Oesterreich (and
its employees, representative, agents, and
assigns) harmless from breaches of (a) through (l) and any other breach of these Terms.
16. LINKS; ADVERTISERS
The Site may contain links to third party sites that are not under the control of Social Casinos-Oesterreich
and Social Casinos-Oesterreich is not responsible
for any content on any linked site. If you access a third party site from the Site, then you do so at your
own risk. Social Casinos-Oesterreich provides links
only as a convenience and the inclusion of the link does not imply that Social Casinos-Oesterreich endorses
or accepts any responsibility for the content on
those third party sites. Additionally, your dealings with or participation in promotions of advertisers
found on the Site, including payment and delivery of
goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that
Social Casinos-Oesterreich shall not be
responsible for any loss or damage of any sort relating to your dealings with such advertisers.
17. INTERNATIONAL USAGE
This Site is controlled and operated by Social Casinos-Oesterreich from its offices. Social
Casinos-Oesterreich makes no representation that the Site,
Applications, or related information offered by Social Casinos-Oesterreich are appropriate or available in
locations where you may access the Site. Those
who choose to access the Site or use the Applications do so on their own initiative and are responsible for
compliance with local laws, if and to the extent
local laws are applicable. Some legal jurisdictions have not addressed the legality of online gaming and
others have specifically made certain types of online
gaming illegal. We make no representation or warranty with respect to the legality or otherwise of (1) the
access to and use of the Site and/or the
Applications, and (2) the making of any deposit of funds to Social Casinos-Oesterreich and receipt of any
funds from it, under any applicable law. We do not
intend for anyone to use the Site and/or the Applications where such use is illegal. The availability of the
Site and/or the Applications does not constitute an
offer or invitation by us to use the Site and/or the Applications in any place in which such use is illegal.
Use of the Site and/or the Applications is forbidden
wherever prohibited by any applicable laws. You accept sole responsibility for determining whether your use
of the Site and/or the Applications is legal under
any applicable laws. Please consult legal counsel in the applicable jurisdiction if you have any doubts
about the legality of your access to and use of the Site
and/or the Applications, or the making of any deposits to Social Casinos-Oesterreich and receipt of any
funds from it, under any applicable laws. We shall be
entitled to inform relevant authorities, other online operators, online service providers and banks, credit
card companies, electronic payment providers or
other financial institutions of your identity and of any suspected unlawful, fraudulent or improper
activity, and you will cooperate fully with us to investigate
any such activity. Without prejudice to any other rights, you agree to indemnify Social Casinos-Oesterreich
for any unlawful use of the Site or the
Applications.
18. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, Social Casinos-Oesterreich may terminate or cancel your access rights to the
Site and/or Applications immediately without notice.
Social Casinos-Oesterreich may also block your use of the Site and/or Applications or direct you to cease
using it. If you repeatedly violate these Terms,
Social Casinos-Oesterreich will permanently suspend your access right to the Site and/or Applications. You
agree that Social Casinos-Oesterreich, in its sole
discretion, for any or no reason, and without penalty, may terminate or cancel your access rights to the
Site and/or Applications and remove and discard all
or any part of your account and user profile, at any time without prior notice and you understand and
acknowledge that we will have no further obligation to
provide the Site or Applications. Social Casinos-Oesterreich reserves the right at any time to modify or
discontinue the Site, Applications, or any part thereof,
with or without notice and you agree that Social Casinos-Oesterreich shall not be liable to you or to any
third party for any modification, suspension, or
discontinuance of the Site, Applications, or any part thereof. Any suspected fraudulent, abusive or illegal
activity may be referred to appropriate law
enforcement authorities. These remedies are in addition to any other remedies Social Casinos-Oesterreich may
have at law or in equity.
Any suspension, termination or cancellation will not affect your obligations to Social Casinos-Oesterreich
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.
19. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of Israel without regard to its conflict of law provisions. Any
disputes arising under or related in any way to these
Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Israel.
20. ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and the disclosures provided by Social Casinos-Oesterreich
and the consents provided by you, constitute
the entire agreement between you and Social Casinos-Oesterreich. If any provision of these Terms and/or the
Privacy Policy shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from these Terms and/or the Privacy
Policy, as applicable, and shall not affect the
validity and enforceability of any remaining provisions Social Casinos-Oesterreich’s failure to act with
respect to a breach by you or others does not waive
Social Casinos-Oesterreich’s right to act with respect to subsequent or similar breaches.
21. NOTICES
Any notice or other communication to be given hereunder will be in writing and given (a) by Social
Casinos-Oesterreich via email (in each case to the address
that you provide), (b) a posting on the Site or (c) by you via email to support@Social Casinos-Oesterreich
or to such other addresses as Social Casinos-
Oesterreich may specify in writing. The date of receipt will be deemed the date on which such notice is
transmitted
