Terms of Use

IMPORTANT: BY ACCESSING AND/OR USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT ACCESS OR USE THE SERVICES. 

1. Acceptance of Terms 

The following agreement consists of the terms and conditions governing your ("you" or "user") access to and use of Whalo Games Ltd.’s ("Company" or "We") game and/or website available at: www.whalo.com/ and the content and features therein (collectively, the "Services"). These TERMS OF USE together with the Privacy Policy available at: www.whalo.com/Privacy-Policy/  (collectively, the "Terms") constitute a binding agreement between you and Company, and by continuing to use the Services (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use thereof.

We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you by means of a prominent notice on the Services. You should check our Services periodically and review changes to the Terms. By continuing to use the Services following such modifications, you agree to be bound by such modifications. If you are not comfortable with all of the provisions of these Terms, please do not use the Services.

2. License 

Subject to the terms and conditions set forth herein, Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and make non-commercial use of the Services only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof. 

3. Limitations on Use 

Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Services and/or the Company IPR (as defined below); (iii) refer to the Services by use of framing; (iv) make use of the Services in any jurisdiction where same are illegal or which would subject Company or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the Services through or use with the Services any unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Services; (viii) perform any act that destabilizes, interrupts or encumbers the Services or its servers or use automatic means, robots or crawlers, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (ix) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof; (x) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Services or its servers; (xi) use the Services in a manner that is reasonably likely to bring any person or property into disrepute, including any use in advertising or promoting illegal behavior, hostility or discrimination based on race, religion, ethnic background, sex, age, disability or sexual preference or any other subject matter that would be reasonably likely to be offensive or unflattering to any such person or proper; (xii) create false personas, multiple identities, set up an account on behalf of someone other than yourself or create another account after Company have already disabled your account; or (xiii) download or otherwise export or re-export the Services or underlying information or technology (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. and/or Israel has embargoed goods and services; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services. You agree to comply with, and your right and license to use the Services is conditioned upon your compliance with, all applicable third-party terms of use and agreements (e.g., Google Play’s App Store or Apple's Game Center terms and policies) when using the Services. You acknowledge that Google and/or Apple (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them. 

4. Creation and Linking of Account

We require you to create an account to access parts of the Services. If you create an account with us, you must: (a) not share or permit others to use your individual account credentials; (b) promptly update any information contained in your account if it changes; (c) use a strong password for your account that is unique to our Services and not used by you in any other website or online service; and (d) maintain the security of your account, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames at any time and for any reason, including in response to claims that a username violates a third party’s rights. 

It is possible to link the email address provided to the Services by you, to your private Facebook, Apple, Google and other accounts on the Facebook, Apple, Google etc. website. However, to allow linking your other accounts with the Services, you shall be required to grant your other accounts consent in advance, through a confirmation window. Confirmation of linking between your other accounts and the Services is deemed as your consent to publish your name and profile picture from your other accounts in the framework of the Services.

You accept full responsibility for any use of the Services using your account, including any use of your credit card or other payment instrument, including but not limited for the purpose of purchasing Virtual Items (defined below).

5. Ownership of Proprietary Rights

The Services, including without limitation any underlying data, software, platforms, algorithms, technology, content, blogs, briefs, guides, documentation, webinars, podcasts, design, UI, any information, services, texts, files, charts, graphs, photos, videos, sound, music, organization, structure, "look and feel" and features, the Feedback (defined below) and any modifications, enhancements and derivatives thereof and all Intellectual Property Rights related thereto ("Company IPR") are the exclusive property of Company and/or its licensors who retain all right, title and interest in connection therewith.

No transfer or grant of any rights by Company is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Company IPR or otherwise, except for the limited license set forth in Section 2 above. 

"Feedback" means comments, questions, suggestions, ideas, bug notes and user experience reviews regarding the Services. 

"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

6. Privacy

Company's privacy practices are governed by Company’s privacy policy, the most updated copy of which can be found at www.whalo.com/Privacy-Policy/ ("Privacy Policy").

7. User Warranties and Representations

You represent and warrant that: (i) you have, and will have at all times, all rights, licenses and consents required for your use of the Services; (ii) you and your us will comply with all applicable laws, rules and regulations; and (iii) you are not located in or a national or resident of any of the countries or entities referred to in Section 3(xiii) above and/or any country or entity that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and are not listed on any U.S. Government list of prohibited or restricted parties. 

8. Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION COMPANY IPR ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND COMPLIANCE WITH REGULATORY REQUIREMENTS.

COMPANY DOES NOT WARRANT THAT THE COMPANY IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY IPR OR SERVICES INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. WITHOUT DEROGATING FROM THE FOREGOING, THE INFORMATION PROVIDED THROUGH THE SERVICES MAY BE PARTIAL, OUT-DATED, INACCURATE AND SUBJECT TO CHANGE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE COMPANY IPR. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL COMPANY AND ITS AFFILIATES AND ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO THESE TERMS AND/OR YOUR USE OF THE SERVICES OR COMPANY IPR, OR RELIANCE THEREON OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY COMPANY. IN ANY EVENT, COMPANY’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF US$50 (FIFTY UNITED STATES DOLLARS) OR THE AMOUNT ACTUALLY RECEIVED BY COMPANY FROM YOU IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) your use of the Services; (ii) any breach of these Terms.

11. In-App Purchases

The Services include an opportunity to earn or obtain virtual, in-game currency, including but not limited to in-game items or collections, all for use in the Services ("Virtual Items"). Virtual Items can be either won or obtained within the Services. Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below. Regardless of any reference Company might make outside these Terms to purchasing or selling Virtual Items, you acknowledge and agree that such Virtual Items are licensed, not sold, to you under these Terms.

Virtual Items can never be redeemed or cashed out for "real world" money, goods, or any other item of monetary value from Company or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with an account or stored on the Services. You may not transfer, purchase, sell, or exchange Virtual Items except as permitted within the Services. You may not attempt to sell, give or trade in the "real world" anything that appears or originates in the Services unless otherwise expressly authorized by Company in writing.

Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of the Services, without Company's written permission. Doing so is a violation of these Terms and may result in termination of your account or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. Company retains the right to manage, regulate, control, modify or eliminate Virtual Items at its sole discretion, and Company shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, Company may selectively remove or revoke Virtual Items associated with your account in its sole discretion.

Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize. Company does not recognize any purchases or transfers made outside of the Service on any other platform or e-commerce website and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.

You acknowledge that Company is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in Company's sole and absolute discretion, or if the Services are no longer available. If your account is terminated, suspended or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.

12. Third Party Content

The Services contain content provided by third parties and links to outside services, content and resources, Company does not screen, monitor, endorse, or control such services, content and resources. Any concerns regarding any such linked services, content and resources should be directed to such particular service, content or resource provider. Such services, content and resources are provided only as an informational resource, simply as a service and only for your convenience. Company is not responsible or liable for such services, content and resources. Without derogating from the foregoing, should you leave the Services via a link contained therein and/or view content that is not provided by Company, you do so at your own risk and Company shall not be responsible or liable for damages or losses caused in connection therewith. In as much as you are redirected to linked services, content and resources, We recommend you to carefully read and abide by the terms of use and privacy policies of such services, content and resources. 

13. Apple Users

If you have downloaded the game application from the Apple, Inc. ("Apple") App Store or if you are using the game application on an iOS device, you acknowledge that you have read, understood, and agreed to the following notice regarding Apple. These Terms are between you and Company only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services or your possession and use of the Apps infringe that third party's intellectual property rights.

You agree to comply with any applicable third party terms, when using the Services. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Google Users

By downloading the game application from Google Play or one of its affiliates ("Google"), you specifically acknowledge and agree that: (a) to the extent of any conflict between (i) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (ii) these Terms; the Google Play Terms shall apply with respect to your use of the game application that you downloaded from Google Play, and (b) you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Company or you (or any other player) under these Terms or the Google Play Terms.

15. Termination

We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or Company IPR immediately (including without limitations the license set forth in Section 2 above), at our sole discretion without notice. Upon termination you shall immediately cease using the Services and the following sections shall survive: 1, 3, 5, 6, 7, 8, 9, 10, 12, 15 and 16.

16. General

(i) These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) notwithstanding the foregoing, in the event of breach or threatened breach by of any provision of these Terms by you, Company could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and that the remedies at law available to Company may otherwise be inadequate and Company shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation an injunctive relief, in any jurisdiction worldwide. You hereby acknowledge and agree that Company shall not be required to post bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition; (iii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iv) You acknowledge and agree that Company has the right, at any time and for any reason, to redesign or modify the Company IPR and other elements of the Services or any part thereof; (v) these Terms are the entire agreement between you and Company regarding the subject matter herein; (vi) Company may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Company. Any unauthorized assignment will be void and of no force or effect; (vii) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Company any rights, remedies or other benefits under or by reason of these Terms, excluding Apple and Google’s right to enforce these Terms against you as a third-party beneficiary; (viii) Company's failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Company as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (ix) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (x) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.

If you have any further questions or require further clarification, please contact us by sending an e-mail to: info@Whalo.com