Terms of Service
Diwip offers several games and interactive games in it's site or through third party’s sites, including but not limited to, Facebook or any other platform ("the Site"). To use this site the user is obliged to check for the latest version of these Terms & Conditions ("Terms") read and accept it. User continued use of the Site means user agreed to all modifications. Subject to user agreement and compliance with these Terms DIWIP grants user a personal, non-exclusive, non-transferable, limited scope license to use the Site. Use of the Site shall be solely for user own pleasure, private, non-commercial entertainment purposes and for no other purpose whatsoever. User hereby acknowledge that the license to use the Site is limited by these Terms, and, if user violate or if, at any point, user do not agree to any of these Terms, user license to use the Site shall immediately terminate, and user shall immediately refrain from using the Site.
The users/visitors of the Website should accordingly check for the latest version of these terms and conditions.. 2. Entire Agreement. These Terms & conditions are the entire agreement between user and Diwip Ltd that operates the Siteand the user. It is agreed that Diwip could change and modify the terms and conditions at any time.
2. Entire Agreement:
These Terms & conditions are the entire agreement between user and Diwip Ltd that operates the Siteand the user. It is agreed that Diwip could change and modify the terms and conditions at any time.
The terms of this agreement constitute the entire agreement between Diwip Ltd, and the Site participants pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
3. Governing Law and Jurisdiction:
This agreement is governed by and construed in accordance with the laws of the State of Israel. Any problem or dispute that cannot be resolved between the parries, amicably, shall be resolved by the Israeli court in Tel Aviv. Using this Site constitutes an agreement by both parties that any dispute that cannot be resolved between them amicably shall be resolved in court.
To participate in any game offered on the Site, user should comply with regulations of user country. The Site is open generally to 13 years old and up. Use by minors is strictly prohibited.
DIWIP cannot be held liable if user country laws do not allow or prohibit user participation. Diwip or the Site makes no warranties, representations, implicit or explicit, as to user legal right to participate in any game offered. DIWIP could block user access should user violate any restrictions. If the Site or any part thereof is determined to be illegal under the laws of the country in which user are situated, user shall not be granted any license to use the Site, and must refrain from using the Site.
6. Account and other information:
An account should be formed to access the Site (”Account”) and user should follow all questions and instructions to enter the Site so user will be able to use all facilities DIWIP provides. Entering DIWIP’s site allows DIWIP to extract from user account information required to DIWIP.
Please note that DIWIP is not responsible for maintaining the confidentiality of the Information, provided to DIWIP, nor for anything that happens through user Account whatsoever.
7. Acknowledgment of Proprietary Rights:
All games and other materials, information, are protected, in all forms and media, by one or more valid copyrights. User acknowledges that all information contained on the Site, are owned by the Site or DIWIP. Diwip retains all rights in the Site’s materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files and their selection and arrangement), (collectively, “Site Materials”). The entire contents of the Site are protected by applicable copyrights, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. The user or any third party shall not make any modification, decompile, disassemble, reverse engineer, copy, transfer, distribute, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Site. Diwip and/or its licensors and affiliates own all right, title, and interest; copyrights and other intellectual property rights, in and to all the Site. User acknowledge that he is not entitled to any ownership rights whatsoever by using the Site.
8. User Details and Content:
If user is publishing content it should comply with all applicable laws. All content of the Site belongs to DIWIP and no one could use any of the games, materials, or the methods of the Site. No use of this content will be done prior to a written permission of Diwip. Any, graphics, photographs, data, text or any other content, uploaded to the Site by any user ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by DIWIP. Any text, graphics, photographs, files or other User Content uploaded by user shall be user sole responsibility and user hereby agree that user may be held liable for any User Content that user upload. DIWIP shall not bear any responsibility for any of the abovementioned content. DIWIP may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Site. By using the Site user acknowledge and accept that user may be exposed to material user find unsuitable. User agree that Diwip will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User content. Diwip reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Site with or without notice for any reason whatsoever. User hereby agree that, to the maximum extent permitted by applicable law, Diwip shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law User Details
9. Promotional Activities:
By participating on the Site, user agree that the Site may display user first name, first initial of user last name, picture, profile and game records. By participating on the Site, user agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, user name, picture, voice, likeness, and/or biographical information for promotional purposes without compensation.
user send comments or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Site, such submissions shall become, and shall remain, the sole property of the Site. No submission shall be subject to any obligation of confidence on the part of the Site. The Site shall exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without compensation to user. The Site may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable user to communicate with other Site users. Diwip is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Diwip may also terminate or suspend user access to any Communication Channels at any time, without notice, for any reason. User acknowledges that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Diwip, and these communications should not be considered reviewed or approved by Diwip. User will be solely responsible for user activities within the Communication Channels and under no circumstances will Diwip be liable for any activity within the Communication Channels.
User agree that all user communications within the Communication Channels are public, and user have no expectation of privacy regarding user use of the Communication Channels. Diwip is not responsible for information that user choose to share on the Communication Channels, or for the actions of other users.
11. Accuracy of Information:
User represent and warrant that all information user supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of user participation and forfeiture of any currency or points to which user are otherwise entitled.
13. Limitations on Participation:
participation on the Site should be done with only one user account. The Site reserves the right to monitor any effort to establish multiple user accounts; in the event the Site discovers that user have established more than one user account, it will result in the termination of any and all Site participation. The Site also reserves the right to deny access to anyone.
Anyone who displays behavior consistent with the use of unfair methods on the Site, including but not limited to the use of multiple user accounts, the use of unauthorized or altered software or hardware to assist play, harassment of other participants, posting of objectionable material, any breach of the terms of the agreement between user and the Site, or any breach of the security of the Site (collectively, "Abuse"), shall be subject to immediate sanction (as determined by the Site in its sole discretion), up to and including participant termination and blocking of Site access.
14. Account termination:
Diwip has the authority to terminate user account without notice for any reason. In such a case user name will be cancelled and all of user accounts will be terminated.
15. Virtual Currency and Virtual Goods:
The Site may include a virtual, in-game currency ("Virtual Currency") including, but not limited to coins, cash, or points, that may be purchased from the Site for "real world" money if user are a legal adult in user country of residence The Site may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from the Site for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from the Site or any other party.
16. Virtual Currency and Virtual Goods Rights:
Other than a limited, personal, revocable, non-transferable, non-sublicense able license to use the Virtual Goods or Virtual Currency in the Site, user have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Site, or any other attributes associated with use of the Site or stored within the Site. The Site has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and the Site shall have no liability to user or anyone for the exercise of such rights.
17. Transfer of Virtual Currency and Virtual Goods:
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Site. Outside of the Site, user may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Site and possible legal action.
18. Purchases from Facebook or any other Platform (“Platform”):
You may purchase unreal currency from Platform that Diwip decide to work with in exchange for “real money.” This is a transaction between you and Platform and Diwip is not a party. If you purchase Platform Credits, you are agreeing to Platform's terms relating to payment and Platform Credits. Diwip is not responsible for any issues related to the services provided by Platform to you in connection with the purchase of Platform Credits. Once you have completed your purchase of Platform Credits you may redeem Platform Credits for Virtual Goods offered in our games hosted by Platform according to Platform's policy. You understand that the use of Platform Credits does not entitle you to any right or title in the Platform policy regarding the Virtual Goods.
19. Sale is Final:
User agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if user account is terminated or suspended for any reason, in the Sites sole and absolute discretion, or if the Site discontinues operation.
20. Limitation and Liability:
the Site is not responsible for the use of the Site and the use shall be at user sole risk. To the fullest extent permitted by law, Diwip, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Site and the user use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Diwip makes no warranties or representations about the accuracy or completeness of the content of the Site, including but not limit to:
(a) Errors, mistakes, or inaccuracies of content;(b) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;(c) Any unauthorized access to or use of Diwip’s secure servers and/or any and all personal information and/or financial information stored therein;(d) Any interruption or cessation of transmission to or from the Site;(e) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party; or(f) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site. In no event will Diwip, its directors, officers, agents, contractors, partners and employees, be liable to user or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever.
The user agrees to indemnify and hold Diwip, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any access to the Site and/or violation of this document and/or Any claim that a user submissions made that has caused damage to a third party.
21. No Warranty:
DIWIP does not provide any warranty to The Site. By participating in any game offered on the Site, user agrees that the Site is not responsible for any damage, loss, or injury resulting from authorized and/or unauthorized access or use of the Site. Any attempt to gain unauthorized access to the Site's systems, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is subject to civil and/or criminal prosecution and will result in immediate termination of user participation and forfeiture of any prizes to which user are otherwise entitled. Any attempt to participate in any game offered on the Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Site, will result in civil and/or criminal prosecution, termination of user participation, and forfeiture of all prizes to which user are otherwise entitled.
22. Accounts for Individual Use only:
The participants of the Site, are solely responsible for all obligations and (assuming compliance with all other Terms of the Site) entitled to all benefits accruing thereto. User may not allow any other person to participate on his behalf, access the Site, or participate in any game using other users account. User participation is not transferable to any other person. By participating in any game offered on the Site, user agree to indemnify, defend, and hold the Site harmless from or for any claims, liability, damages, and/or costs (including attorneys' fees) arising from any users participation with user email address.
23. Third Party Sites:
24. Disputes with Others:
The Site reserves the right, but has no obligation, to monitor and/or manage disputes between users of the Site, but without any obligation of the Site. the Site and hereby agree to indemnify the Site from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.