Introduction

By accessing, using or downloading the Platform (as defined below) (whichever is earlier, the “Effective Date”), you (the “User”) hereby agree to these general terms and conditions, as may be amended from time to time (the “Agreement”) with Moon Cow Ltd., on behalf of itself and its affiliates (collectively, the “Company”). Each of Company and User shall be referred to as “Party” and together the “Parties”.

Please read the terms of this Agreement carefully in their entirety prior to the use of the Platform. This Agreement constitutes a legally binding agreement between the User and the Company, and if User does not agree to all of the terms of this Agreement, the User must exit the Platform and discontinue its use thereof. If the terms of the Agreement are considered an offer, acceptance is expressly limited to these terms.

The Service & The License

The Company’s proprietary website, application or any other platform, named ‘CashCow’ (the “Platform”), provides certain gaming search and review services, and enables its Users to discover and install games (the “Games”) of certain third-party partners of the Company (the “Partners”), participate in the Company’s Play & Earn Program, that may allow the User to earn Coins that can be redeemable for Redemption Rewards (as such terms are defined below), and participate in periodic promotional prize draws offered by the Company from time to time (the “Sweepstakes”, as further described in the Section titled “Sweepstakes, Tickets & Prize Draws” below), all as further set forth herein (collectively, the “Services”).

As of the Effective Date, the Company hereby grants the User a limited, revocable, non-exclusive, non-transferable, non-sub-licensable, and personal license to access and use the Platform, for personal use only, including any revisions, releases, corrections, copies, modifications, derivatives, enhancements, updates and/or upgrades thereto, in accordance with terms of this Agreement and subject to them (the “License”).

Eligibility & Registration

Under the License, the Company shall provide the User with credentials to open an account for the purpose of accessing and using the Platform (the “Account”).

The User may use the Platform and open an Account only if User complies with all of the following: Company has not disabled or terminated any Account under User’s name in the past for any reason; User is (x) at least 18 years old, and (y) not considered a minor or under the age of majority adulthood in its specific jurisdiction (the Company reserve the right to request proof of age at any stage in order to verify compliance with this representation); the User’s use of the Platform and the Services shall be in accordance with any and all applicable laws and regulations; and User is not (x) located in a country that is subject to any sanctions or embargos by the State of Israel, the United States or the European Union, or that has been designated by the State of Israel, the United States or the European Union as a “terrorist supporting” country; and (y) listed on any list of prohibited or restricted parties published by the State of Israel, the United States or the European Union.

As part of the opening of the Account the User shall be required to provide certain information to the Company, including as further detailed in the Privacy Policy (as defined below).

The password and username of the Account, which, together with the email address associated with the Account (the “Account Information”), will constitute User’s identification information to log into the Account. The User is responsible to maintain the confidentiality of all of the Account Information provided for the purpose of logging into the Account (including, its username, password, or other identification information), using at least the same degree of care as the User uses to protect its most confidential information. The User shall be solely responsible for any activity on the Account and any activity that occurs as part of its access to the Platform and use thereof. Except to the extent caused by the Company’s breach of its confidentiality obligations hereunder, the Company shall not be responsible for any unauthorized access to the Account or any loss that may occur as a result thereof.

The User will contact the Company promptly if (i) the User discovers that any Account Information is lost, stolen, or disclosed to an unauthorized person; (ii) the User reasonably believes that the Account has been compromised, including any unauthorized access, use, or disclosure of Account Information; or (iii) any other breach of security in relation to its Account Information or the Platform, that may have occurred or is reasonably likely to occur.

Play & Earn Program

As part of the Services, the User may have the opportunity to earn coins (which may be referred to as dollar amounts, coins, points or other credit) (“Coins”), based on the tasks displayed in the Platform, including with respect to the User participation within and use of the Games or otherwise within the Platform (the “Tasks”), such as active play time in a Game, User’s Game progression, or User’s successful completion of such Tasks, as the case may be (“Activities” and the “Play & Earn Program”, respectively). Subject to the terms hereof, the Company will deposit any Coins for Tasks that the User may choose to participate in and successfully complete into the Account.

User can earn Coins for Activities related to a Game that User installed for the first time by following a link from the Platform (“Game Link”), or as may otherwise be authorized by any Partner, to its discretion.

The Company shall have no liability in connection with the User’s use of the Games, and makes no warranties with respect to the Games provided by the Partners, including without limitation, that the Games will function properly, be compatible with User’s device, meet User’s expectations, or otherwise with respect to the functionality or any content and features available through the Games.

The specific requirements to earn Coins will be as set forth within the Platform. Coins are deemed successfully completed once User has fully and properly satisfied all of the requirements of the Tasks in the manner specified in the Task and in compliance with the terms of this Agreement, and Company and any Partner are able to properly validate, track and record the User’s Activities.

The Company shall not be responsible for, nor shall Company be obligated to award Coins for any Activities that are not properly recorded, tracked, validated and/or deemed successfully completed under the Company’s and/or the Partners’ policies, procedures and systems.

User must review in full all applicable terms of Tasks before deciding whether or not User would like to participate. The Company may apply certain restrictions upon User’s ability to collect Coins, including but not limited to (i) change or limit the Tasks or Coins available or User’s ability to participate in the Play & Earn Program; (ii) the number of Coins the User can earn, including for any given Task or during a given time period; or (iii) the number of Coins required to redeem for a Redemption Reward (if any). All such limitations shall apply to all past, present, or future Coins, unless otherwise expressly stated.

The User may elect to redeem Coins in their Account for rewards, which will be deposited as either cash, gift cards, charities, or cryptocurrency (as may be available from time to time), directly into User’s account with third party providers (based on the information provided by the User), as may be offered by the Play & Earn Program from time to time, at the Company’s sole discretion (the “Redemption Rewards” and “Providers”, respectively). The current minimum balance required for redemption of Coins into Redemption Rewards (which may vary from time to time at Company’s sole discretion), is USD 10 (ten). Further, Redemption Rewards may be awarded or redeemed based on the Play & Earn Program redemption requirements at the time of redemption (which may vary from time to time), and without limitation, on a first come, first serve and as available basis. In the event the Company determines that the Redemption Rewards are unavailable, out of stock, or for whatever reason cannot be provided to a User by a certain Provider, the Company may, in its sole and absolute discretion, provide the User with a supplemental Redemption Reward by a different Provider of equal or greater value.

The Company reserves the right to verify the User’s identity to its complete satisfaction prior to crediting or allowing redemption of any Coins, issuing any Redemption Rewards, or otherwise providing the User with access to or any benefit associated with the Account. Such verification process may be done directly by the Company or indirectly via a third-party verification service, and may request the User to provide a photocopy of its identification certificates (such as passport, driver’s license, ID), to verify the phone number associated with its Account, or by any such other proof of identity or eligibility as the Company may deem fit. User’s failure or refusal to provide the requested documentation or proof of identity or eligibility is grounds for denying access to or any benefit associated with the Account, including with respect to the Coins or the Redemption Rewards.

The User is solely responsible for all taxes and any other costs related to its use of the Platform and/or participating in the Play & Earn Program, including the acceptance, use, redemption and exercise of the Coins or the Redemption Rewards, as applicable. In no event will the Company be held liable for the Providers’ failure to process a redemption transaction, accept and honour a Redemption Reward, or to fulfil any of its obligations towards the User in connection with any such transaction.

Unredeemed Coins have no cash, monetary or other value, and as such, the Coins cannot be redeemed for cash, other than as Redemption Rewards as set forth hereunder. Further, the Coins cannot be in any way exchanged, resold or returned for a cash refund, unless required by law. Any use (if any) of terms like “currency”, “earn”, “purchase”, “buy”, “cashback”, “cash out” or the like, in reference for Coins, is made solely for convenience and in no way such terms indicate that the Company is offering real-world fiat currency.

The number of Coins earned in response to User’s Activities presented in the Platform may vary and may not be the same for all Users. Different Users might receive different number of Coins, even for identical actions. The ability and availability to collect Coins may vary for each User based on the User’s Activities and other data, such as preferences, Games and Games’ categories selected for play.

Unless otherwise set forth in any of the Company’s policies with respect to the Coins and the Redemption Rewards, if any (“Redemption Policies”), as may be updated from time to time, and to the extent permissible by applicable law, any Coins associated with a User’s Account may expire due to inactivity. If the User does not engage in any activity on the Platform for a continuous period of ninety (90) days, including completing events, playing, or earning additional Coins, the User’s unredeemed Coins may expire and be deemed forfeited, and shall no longer be redeemable for Redemption Rewards at the end of such period. The Company shall have no obligation to notify the User prior to such expiration, unless required by law and provided that the User’s Account is not terminated or suspended at the relevant time.

All redemptions of Redemption Rewards are final, and Redemption Rewards may not be cancelled, returned for credit, or reversed to Coins, except as otherwise provided in this Agreement or as required under applicable law.

Coins are non-transferable between different Users or different Accounts. Coins earned through the Platform and the Services are not valid for any other use for any purpose or any other platform, other than as set forth herein, and may not be used in combination with any other program offered by the Company or any third party.

The Company reserves the right to modify, update, change, suspend, terminate or cancel the Play & Earn Program or any other aspect of thereof at any time at its sole discretion.

Sweepstakes, Tickets & Prize Draws

From time to time, the Company may offer Users the opportunity to participate in periodic promotional prize draws, including the in-app promotion currently branded as the “Weekly Draw” (each, a “Sweepstakes”). Each Sweepstakes is governed by the official rules published at https://docs.cashcow.com/privacy/drawing-rules (the “Official Rules”), which are incorporated into this Agreement by reference. In the event of any conflict between this Agreement and the Official Rules with respect to a Sweepstakes, the Official Rules shall control.

Tickets. Participation in a Sweepstakes is based on promotional entries (“Tickets”) that may be granted to the User in connection with validated Activities, as set forth in the Platform and the Official Rules. Tickets: (i) are promotional entries only, are not Coins, and have no cash, monetary or other value; (ii) cannot be purchased, sold, exchanged, transferred between Users or Accounts, or redeemed for any reward; (iii) are valid solely for the specific Sweepstakes drawing period in which they were granted, and automatically expire, without notice and without compensation, upon the conclusion of such drawing period; and (iv) may be granted at rates and under conditions that the Company may modify at any time at its sole discretion. The Company may cancel or reverse Tickets attributable to Activities or earnings that are reversed, refunded, invalidated, or determined by the Company not to have been properly completed or validated.

No purchase necessary. No purchase or payment of any kind is necessary to enter or win a Sweepstakes. Means of free entry, eligibility requirements, drawing dates, prize structures, odds disclosures, and winner-selection procedures are set forth in the Official Rules. A purchase will not increase odds of winning other than through entries granted for validated Activities as described in the Official Rules.

Verification, disqualification and forfeiture.The Company reserves the right to verify each potential winner’s identity, eligibility, and compliance with this Agreement and the Official Rules prior to crediting any Sweepstakes prize, in accordance with the verification provisions of the Play & Earn Program section above. The Company may, at its sole discretion, withhold, void, or reclaim any prize, and disqualify any User, where the Company determines that: (i) an Abuse (as defined below) has occurred; (ii) Tickets were obtained through falsified, manipulated, or improperly validated Activities; (iii) the User maintains or benefits from multiple Accounts; or (iv) the User is otherwise ineligible or in breach of this Agreement or the Official Rules. Where a potential winner is disqualified, the Company may select an alternate winner in accordance with the Official Rules. Prizes not claimed within the claim period set forth in the Official Rules shall be deemed forfeited.

Prize crediting.Unless otherwise stated in the Official Rules, Sweepstakes prizes are credited to the User’s Account as Coins denominated in USD, and are thereafter subject to the terms of the Play & Earn Program, including the redemption, verification, minimum-balance, and expiration provisions thereof.

Publicity. By accepting a Sweepstakes prize, and to the extent permitted by applicable law, the User consents to the Company’s display of the User’s Platform username and avatar as a winner within the Platform (including in past-winners listings), without additional compensation. A User may request anonymization of such display by contacting the Company’s support.

Taxes. The User is solely responsible for all taxes related to any Sweepstakes prize. The Company may require the User to provide tax-related information or documentation as a condition of receiving a prize, and may issue tax reporting forms where required by applicable law.

Modification and cancellation. The Company reserves the right to modify, suspend, terminate or cancel any Sweepstakes, or any aspect thereof, at any time at its sole discretion, including where fraud, technical failure, or any other factor impairs the integrity of the Sweepstakes. Each Sweepstakes is void where prohibited or restricted by applicable law, and Users are not eligible to participate where such participation would be unlawful.

User Obligations and Restrictions

User is solely responsible for its use of the Platform, and for obtaining and maintaining, at its expense, all necessary computer hardware, modems, connections to the internet and other items required to access and use the Platform and the Services.

Without limiting the foregoing, User may not, and may not permit or aid others to: use the Platform and/or the Services for any purpose other than for the purpose hereunder, or contrary to the terms of this Agreement; copy, reproduce, sell, license (or sub-license), lease, loan, assign, transfer, or pledge any of the Company’s IPR, including the Platform or any part thereof or the User’s rights under the License; modify, display, disassemble, decompile, reverse engineer, revise, enhance, republish, create any derivative works, or otherwise merge or utilize all or any part of the Company’s IPR (as defined below), including the Platform, with or into any third party materials or components or attempt to access or discover the Platform’s source code; make any changes or interfere in any way in the source code of the Platform, or upload any software or application that may harm or cause damage to the Company, the Platform or any other third party; use any tools, instruments, methods or any other means to falsify, manipulate, or misrepresent the actual Activities or active engagement with a Partner; use any tools, instruments, methods or any other means to improperly obtain, inflate, or manipulate Tickets or Sweepstakes entries, including without limitation through the use of multiple Accounts, automated means, falsified Activities, or coordinated conduct between Accounts; allow any other third party to use or access the Account and agrees to use reasonable efforts to prevent unauthorized access to or use of the Platform and any device that the User uses to access the Platform; use the Platform in any manner that is prohibited by law or not authorized by this Agreement; develop, support or use any means, including any automated device, script or bot, to scrape (such as access or copy in bulk, retrieve, harvest, or index any portion) the Platform or any data of any kind available on the Platform or related thereto; contest Company’s Intellectual Property Rights to Company’s IPR (each as defined below) or use such Company’s IPR for any purpose other than for using the Platform pursuant to the terms herein; interfere with or disrupt the integrity or performance of the Platform or Company’s network or the data contained therein; engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Platform; or Abuse the Platform in any way. “Abuse” shall mean and include any of the prohibited activities outlined in this Section, including without limitation, direct or indirect violation or bad activity in or through the Account, including copyright infringement, email spamming, network scanning, and any manipulation of the Play & Earn Program or any Sweepstakes. The decision whether an ‘Abuse’ occurred or not, shall reside with Company in its sole discretion. Upon a decision by the Company that an Abuse has occurred, without derogating from any of the Company’s rights hereunder, Company shall issue a notice to the User to cease the Abuse immediately.

User acknowledges that without prejudice to any other right of the Company, the Company shall have the right to (i) prevent the User from accessing the Platform or disable any Account, (ii) report User’s behaviour patterns on the Platform to third parties, and (iii) take any other action that the Company may deem appropriate to protect its property and rights, as well as the rights of third parties.

Intellectual Property

Notwithstanding anything to the contrary herein, the Platform, the Services, and any of the Company’s content embedded therein, including without limitation, materials, text, photos, logos, any graphical display of data, designs, sounds, figures, analysis, statistics and any other content, any modifications, improvements, customizations and updates to the Platform, and all Intellectual Property Rights in any of the above, as well as any Feedback and all AI Process (each as defined below) (collectively, “Company’s IPR”), are exclusively owned by Company or its licensors. Except for the License, and as expressly provided herein, no other rights or licenses whatsoever, expressed or implied, are granted by Company to the User with respect to the Platform, the Services or the Company’s IPR, and the User may only use the same in accordance with the terms of this Agreement. “Intellectual Property Rights” means any and all worldwide intellectual property rights, whether registered or not, including, but not limited to: (a) patents, patent applications and patent rights, know how, inventions, research and development activities and discoveries; (b) rights associated with works of authorship, including copyrights, copyrights applications, copyrights restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information, including but not limited to confidential and proprietary information concerning the business and financial activities of Company, and any information concerning its service providers, employees, customers, suppliers, and partners; (d) trademarks, trade names, service marks, logos, trade dress, goodwill and domains; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

Any feedback provided by the User to Company regarding the Platform, its use or the Services, or any suggested improvements, enhancements or derivatives thereto (“Feedback”) is welcome by the Company. The User is not required to provide Feedback, however, to the extent it shall do so, such Feedback shall be solely owned by Company, and shall not, under any circumstance constitute User’s confidential or proprietary information. The User hereby acknowledges that the Company may use such Feedback in any manner it sees fit, without restrictions or limitations, and without payment of any royalty or any other consideration.

Representations And Warranties

Each Party hereby represents and warrants that: (i) it has the full right, power and authority to enter into this Agreement and to perform the acts required hereunder; (ii) the execution of this Agreement and the performance of its obligations and duties hereunder does not violate any agreement to which it is a party or by which it is otherwise bound; and (iii) when executed and delivered, the Agreement will constitute the legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms.

Term

This Agreement is effective on the Effective Date and shall continue until terminated by either Party upon providing written notice to the other Party.

Upon termination of the Agreement: (i) User shall cease use of the Platform and the Services, and immediately return to the Company all Confidential Information and Company’s IPR, in any media and form, and shall erase all copies of the Platform, and (ii) the Company shall be entitled to terminate or disable the Account. Notwithstanding the termination or expiration of this Agreement, Sections 5 (Intellectual Property), 7.2 (Termination Consequences), 8 (Data and Privacy), 10 (Confidentiality), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (General), and the publicity, forfeiture, and verification provisions of the Section titled “Sweepstakes, Tickets & Prize Draws” shall survive and remain in effect in perpetuity.

Data & Privacy

The Company’s Privacy Policy is available at https://docs.cashcow.com/privacy/privacy-policy (the “Privacy Policy”), sets forth the information the Company collects and receives, and the manner in which it is used as a data controller. By agreeing to the terms of this Agreement, User hereby confirms that it also accepts and agrees to the Privacy Policy.

By virtue of this Agreement, the Company may have access to certain personal data regarding individuals.

User acknowledges and agrees that except as described in this Agreement, any content, data and other information, the User shall provide the Company in any way, including without limitation, by accessing the Platform, using the Services, or downloading and accessing a Game, or that the Company shall otherwise collect in connection with the engagement hereunder (collectively, the “Data”), will be processed as described in the Privacy Policy. The User is solely responsible for the Data as entered into, supplied, accessed or used by it. The User hereby grants the Company the right to collect, process, transmit, store, use, and disclose the Data in order to provide the Services under this Agreement and as otherwise set forth in the Privacy Policy.

In no event will the Company be liable for any data, content, or other information that the User will provide to any third party, or that will be collected by any third party, whether in connection with a Game, through a Partner, Third Party Platform (as defined below), the Providers, or otherwise. User acknowledges and agrees that any data sharing, collection, or processing activities conducted by third parties shall be governed solely by such third parties’ terms, conditions, and privacy policies, and that the Company has no control over, and bears no responsibility or liability for, such activities. User is solely responsible for reviewing and understanding the data collection and privacy practices of any third party with whom User interacts through, or in connection with, the Platform and the Services.

To the fullest extent permitted by law, Company shall not be responsible for any access to the Data or to the results of processing of such Data, provided by the User to any third parties.

The Company shall have the right to collect and analyse the Data relating to the engagement hereunder, including the provision, use and performance, by the User or by others, of the Services and the various aspects of the Platform and related systems and technologies, including without limitation, information related to User’s Activities, download of Games, and User’s gaming preferences (“Usage Data”). The Services embedded in the Platform may be implemented by the Company using artificial intelligence, with features and implementations designed to generate statistics, calibrate data models, and improve algorithms in the course of processing Data and Usage Data (“AI Process”). The Company has the right to use such AI Process for the Company’s business purposes, including for testing, tuning, optimizing, validating, or otherwise enhancing the analytics, models or algorithms underlying the Services and the Platform, including to present a User with personalized content.

The User acknowledges and agrees that the Company may collect, create, process, transmit, store, use, or disclose any data derived from the Data, including any personal data, on an aggregated and anonymized basis (“Aggregated Data”), for the Company’s internal business purposes, including for AI Process, and for training, industry analysis, benchmarking, and analytics. All Aggregated Data will not identify any User. The Company shall have sole ownership, title and interest in and to the Aggregated Data.

Links to Third Party Platforms

The Platform may contain links (including Game Links), content, advertisements, promotions, logos and other materials (collectively, “Third Party Materials”) to platforms, websites or software that are controlled or offered by third parties, including but not limited to Games or other products and services of Partners (collectively, “Third Party Platforms”). The Company does not verify, make any representations, or take responsibility for any such Third Party Platforms, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, or other activities conducted on or through the Third Party Platforms. The Company does not endorse, sponsor, or make any representations about the Third Party Platforms or any information, material, or results that may be obtained through the use of Third Party Platforms, and hereby cautions the User to ensure that it understands the risks involved in using such Third Party Platforms or purchasing anything via these Third Party Platforms (including but not limited to, by way of making an in-app purchase through a Game, exercising a Redemption Reward via a Provider, or otherwise), and to verify all information within the Third Party Platforms before relying on it. If the User decides to access any of the Third Party Platforms, the User does this entirely at its own risk, and the User must follow the privacy policies and the terms and conditions for such Third Party Platforms. The display of any Third Party Materials in the Platform is for convenience only, and under no circumstances will the Company be liable, directly or indirectly, for any loss or damage caused by use of or reliance on any Third Party Materials or any content, goods or services available on any Third Party Platform.

Confidentiality

Each Party (“Recipient”) shall keep confidential and shall not disclose to any third party (other than to its employees, affiliates and advisors having a need to know to perform Recipient’s obligations hereunder, which are bound by a confidentiality undertaking with Recipient on terms no less restrictive than as contained herein), any confidential information which it has acquired from the other Party (“Discloser”), and shall only use and disclose such confidential information in connection with exercising its rights and performing its obligations under this Agreement or as permitted hereunder. All right, title and interest in and to the confidential information disclosed or transferred by Discloser shall remain the property of Discloser. Such confidentiality obligation shall continue perpetually after termination of this Agreement.

If Recipient is required to disclose confidential information by law, by any court of competent jurisdiction or by any regulatory or administrative body, Recipient (unless prohibited from doing so) shall promptly give Discloser prior notice so that Discloser may contest the disclosure or obtain a protective order with respect thereto. Recipient shall only disclose that portion of the confidential information that Recipient is legally obligated to disclose.

Disclaimer Of Warranties

Except for the express representations and warranties stated herein, the Platform and the Services are provided “as-is”, “as-available” basis with all faults and defects, whether known or unknown, and the Company makes no other warranties, and explicitly disclaims (and User hereby waives) any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. The Company does not have any obligation to monitor the use of the Platform and it is not responsible for the availability, accuracy, applicability or legality of any information, data or domain. Further, and without limiting the foregoing, Company does not represent or warrant that: (i) the Platform and the Services shall be error free or that any errors will be corrected; (ii) the Platform shall not contain any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party (including any Game); (iii) the operation of the Platform will be uninterrupted or that it will be able to be used at any time; (iv) the Platform and the Services will meet the User’s requirements or expectations, including without limitation, in connection with the User’s gaming experience, ability to collect Coins, redeem the Coins for Redemption Rewards or exercising a Redemption Reward through a Provider. The Company shall not be responsible for unauthorized access to or alteration to the Platform and will not be liable for any damages or loss incurred to the User or any third party as a result or in connection with the use of the Platform or otherwise in relation with the provision of the Services, or reliance on the Platform or any information derived through the Platform. In addition, Company shall not be responsible or liable for unauthorized access to User’s systems or for the use of the Platform by the User.

Company is not responsible for any problems or technical malfunction of any telephone or network lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the internet (or inaccessibility of the internet) or incompatibility between the Platform and the User’s browser and/or other equipment. Without derogating from the above, the Company does not assume any responsibility or risk for the User’s use of the internet.

Limitation Of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO THE USER OR ANY THIRD PARTY, FOR ANY KIND OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, THE SERVICES, THE PLATFORM, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY UNDER OR ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED USD 100.

Indemnification

Without derogating from any other remedy available to the Company under applicable law or agreement, the User hereby agrees to indemnify and hold Company harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorney fees), arising from or in connection with the User’s access or use of the Platform or the Services, or User’s breach of any of its responsibilities or obligations, or representations and warranties under this Agreement.

General

The Company shall not be liable for any failure to perform any of its obligations hereunder resulting from circumstances beyond the Company’s reasonable control, such as strikes, shortages, riots, insurrection, fires, flood, storms, explosions, acts of God, war, government or quasi-governmental authorities actions, acts of terrorism, earthquakes, power outages, internet or other technology failures, pandemic or epidemic.

The Company may update the functionality, user interface, usability and other user documentation, any information relating to the Services, the Platform and all of its features (including any Games displayed therein), and/or modify or discontinue any of the Services, and/or introduce new services, from time to time, at its sole discretion and in accordance with this Agreement, as part of its ongoing mission to improve the Platform. The terms of this Agreement shall apply to any such subsequent changes, updates and upgrades of the Platform. The Company shall not be liable for any loss suffered by the User resulting from any such changes or updates made and the User shall have no claims against the Company in such regard.

This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements between the Parties. For clarity, the Parties specifically agree that this Agreement supersedes and renders void any contrary terms and conditions contained in any terms of use or any other instrument, agreement or document unless such instrument, agreement or document is (i) an updated version of this Agreement; or (ii) entered into after the Effective Date by both Parties hereto and expressly references this Agreement.

For the purposes of this Agreement, the Parties will at all times be independent contractors with no right to bind or obligate the other in any manner whatsoever. The transmission of information to or from the Platform does not create between the Parties any relationship that deviates from those specified in this Agreement.

The User may not transfer or assign any of its rights or obligations under this Agreement to any third party without Company’s prior written approval. The Company may assign its rights or obligations under this Agreement at any time. The Company may, at its sole discretion, amend the terms and conditions of this Agreement from time to time.

All notices will be made in writing and given by personal delivery, overnight courier, email or other means of transmission or by certified or registered mail to contact information mentioned above or the last contact information provided by a party following the Effective Date.

The failure of either Party at any time to require performance by the other of any provision herein will not affect the right of such Party to require performance at any time thereafter, nor will the failure of either Party to take action regarding a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Any provision of this Agreement which is determined to be prohibited or unenforceable by a court of competent jurisdiction will be ineffective only to the extent of such prohibition or unenforceability and will be severed without invalidating the remaining provisions hereof or otherwise affecting the validity or enforceability of such provision. The headings used herein are for the convenience of the Parties only and will not affect the interpretation of this Agreement.

This Agreement shall be governed by the laws of the State of Israel, without reference to its principles of conflict of laws to the extent they would require the application of the law of another jurisdiction. The Parties each consent to the exclusive jurisdiction of the courts of Tel-Aviv, Israel, and waive any objection to venue in such courts. Notwithstanding the foregoing, Company shall be entitled to seek injunctive and other equitable relief, without the necessity of showing actual money damages in any jurisdiction in the event of an actual or threatened breach.