Terms and Conditions – LuckyFish Ltd.
By accessing or using any LuckyFish Games Ltd. (“LuckyFish”) applications or games (“Application”) you are agreeing to be bound by these Terms and Conditions (“Terms”) and that you have read, understood and accept these Terms that constitute a legal agreement between you and Lucy Fish . If you do not agree to these Terms, do not use the Application. LuckyFish reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications and you are also responsible for viewing these Terms periodically. If you do not agree to the Terms as may be revised from time to time, you must discontinue your use of the Application and to cancel any accounts you have created using the Application.
The Application is intended for use by those 21 or older for amusement purposes only. Therefore, you represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to these Terms.
You agree to provide true, accurate, current and complete information about yourself to the extent prompted by the Application’s registration form and that you will update that information promptly after it changes, if do not or if you violate the Terms, LuckyFish reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Application. You agree that LuckyFish need not provide you notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion.
Subject to your compliance with these Terms, as they may be modified from time to time, LuckyFish grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Application. Use of the Application shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Application is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Application shall immediately terminate, and you shall immediately refrain from using the Application.
Note, if the Application or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Application, and must refrain from using the Application.
User Account Security
You may be required to select a user name, passwords or security questions or to allow us to access your account information from a social network (“Account Information”) during the process of creating an account to access the Application (“User Account”). The following instructions are the rules that govern the security of your User Account and Account Information that are used to access the Application whether or not created for the purpose of using the Application, (for example, account information for a social network service account from which the Application is accessed): (a) You shall not share your User Account or Account Information, nor let anyone else access your User Account or do anything else that might jeopardize the security of your User Account. LuckyFish will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions; (b) You will deny access to children under the age of 13. You undertake to monitor your User Account to restrict use by minors, and you accept full responsibility for any unauthorized use of the Application by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument by minors. (c) You must immediately notify LuckyFish and modify your password or any other applicable Account Information in the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of your Account Information or unauthorized access to your User Account, you must immediately notify LuckyFish and modify your password or any other applicable Account Information; (c)You are solely responsible for maintaining the confidentiality of the Account Information, and you will be responsible for all uses of your Account Information, including any purchases, whether or not authorized by you; (d) You are responsible for anything that happens through your User Account, whether or not such actions were taken by you. You therefore acknowledge that your User Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Application or is otherwise improper or illegal.
LuckyFish reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights
Intellectual Property (IP) Ownership
Unless otherwise specified in writing, all materials that are part of the Application and other services we provide (including, but not limited to, software, designs, graphics, texts, information, applications, pictures, video, sound, and other files, and their selection and arrangement) (collectively the “Materials”) are owned, controlled, or licensed by LuckyFish and are protected by law from unauthorized use. LuckyFish retains all rights in the Materials. The entire contents of the Application are protected by applicable copyright and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You do not acquire any ownership rights or, other than the limited license expressly granted herein, any other right of any kind, by accessing or otherwise using the Application, downloading material from or uploading material to the Application, or by purchasing any virtual goods. Any uploads to the Application shall be deemed an irrevocable waiver of all rights in and to such materials or content.
You shall not, nor shall you solicit any other party to copy ,modify, decompile, republish, disassemble, reverse engineer, , transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, , scrape, 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 Application pursuant to these Terms or otherwise exploit any of the Materials except as specifically allowed under these Terms. All uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from LuckyFish. Any use of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Application account as well as severe civil and criminal penalties. The above shall not apply to your own User Content that you post through the Application in accordance with these Terms.
Subject to your agreement and compliance with these Terms, LuckyFish grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Application. Use of the Application shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. This license shall automatically terminate if you violate any of these Terms or if you do not agree to any of these Terms, and may be terminated by LuckyFish at any time, and you shall immediately refrain from using the Application. If the Application or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Application, and must refrain from using the Application.
We may terminate your account (or accounts) at any time, for any reason including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Applications, User Generated Content (as defined below), products, or LuckyFish’s intellectual property as determined by LuckyFish in its sole discretion, or no reason, without explanation. LuckyFish reserves the right to immediately suspend or terminate your access to the Application or any of the services provided, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from the Application and any other records at any time at our sole discretion.
In addition to the foregoing, LuckyFish may selectively remove or revoke any licensed rights provided to and/or purchased by you to access and/or use online or off-line elements or features of the Application and/or products, including paid and free downloadable content, virtual assets or currency, unlockable content, rights of use tied to unlock codes, serial codes and/or online authentication of any kind, and in-game achievements (“User Account Elements”) associated with your account. If your account is terminated, suspended and/or if any User Account Elements are selectively removed or revoked from your account, no refund will be granted, no User Account Elements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or User Account Elements associated with your account or the particular Application. You acknowledge that LuckyFish is not required to provide you notice before suspending or terminating your account or selectively removing or revoking any of the User Account Elements associated with your account.
In the event that LuckyFish terminates your account, you may not participate in any of the Applications again without LuckyFish’s express permission. LuckyFish reserves the right to refuse to provide access to the Application to any individual. You may not allow individuals whose accounts have been terminated by us to use your account.
User Generated Content
The Application may invite you to chat or participate in blogs, message boards, online forums and other functionality designed to enable you to communicate with other Application users (“Communication Features”) and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to LuckyFish and/or to or via the Application, including, without limitation, text, writings, photographs, information, data, software, music, sound, graphics, video, messages, tags, or other materials graphics, comments, suggestions or personally identifiable information or other material (collectively “User Generated Content”) You agree that any User Generated Content published by you through the Application is done so through the use of technology and tools provided by LuckyFish. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your publishing of the content complies with all applicable laws. Any User Generated Content is subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by LuckyFish. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. LuckyFish shall not bear any responsibility for any of the abovementioned content. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of LuckyFish. You grant LuckyFish the right to act as an agent on your behalf as the Application’s operator.
You acknowledge that LuckyFish is under no obligation to monitor the Communication Features but may do so, and reserves the right to review materials posted to the Communication Features. LuckyFish reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Generated Content from the Application (including User Generated Content via the Communication Features) with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, LuckyFish shall at no time be responsible or held liable for the removal, modification or blocking of material or User Generated Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. By using the Application you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You will be solely responsible for your activities within the Communication Features and under no circumstances will LuckyFish be liable for any activity within the Communication Features. You agree that all your communications within the communication channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. LuckyFish is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
LuckyFish may or may not regulate User Generated Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Generated Content posted via the Application.. You agree that LuckyFish will not under any circumstances be responsible or liable for any User Generated Content, including, but not limited to, errors or any loss or damage incurred by use of the User Generated Content or for any failure to or delay in removing the User Generated Content. Note that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
Virtual Currencies and Goods
The Application includes a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from LuckyFish for “real world” money if you are a legal adult in your country of residence. The Application may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from LuckyFish 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 LuckyFish or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Application, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Application or any other attributes associated with use of the Service or stored within the Service. LuckyFish 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 LuckyFish shall have no liability to you or anyone for the exercise of such rights. Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Application. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. You 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 your account is terminated or suspended for any reason, in LuckyFish’s sole and absolute discretion, or if LuckyFish discontinues providing the Application. Prices and availability of Virtual Currency are subject to change without notice.
We reserve the right to refuse your request to purchase and/or acquire Virtual Currency for any reason. When you purchase Virtual Currency, they will reside in your account (“Game Account”) until discharged through use of the Application. When purchasing Virtual Goods or Currency or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Coins and/or other content are final. Other than charges to your Game Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your user account or Game Account if for any reason a charge you authorize us to make to your charge card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
As a condition of your use of and access to the Application, you agree to comply with the following Usage Rules, which are the minimum rules, which may be expanded by LuckyFish, and any game specific rules published within the Application. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.
You undertake that you shall not defraud, or attempt to defraud, LuckyFish or other users, and that you shall not act in bad faith in your use of the Application. If LuckyFish determines that you do act in bad faith in violation of these Terms, or if LuckyFish determines that your actions fall outside of reasonable community standards, LuckyFish may, at its sole discretion, terminate your account and prohibit you from using the Application.
You agree that your use of the Application shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not: (1) Create an account with or access the Application if you are under the age of 13; (2) Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable; (3) Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner; (4) Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Application or the computers of other users of the Application; (5)Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone; (6) Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Application in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (7) trick, defraud or mislead LuckyFish and other users, especially in any attempt to learn sensitive account information such as passwords (whether in text, image or video form), identification documents, or financial information; (8) Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Application and/or the terms of Application of any third-party applications or social networks through which the Application is accessed; (9) Improperly use support channels or complaint buttons to make false reports to LuckyFish; (10) Distribute, exploit or publicly inform other members of any game error or bug which gives an unintended advantage; (11) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”); (12) Deal with Virtual Goods or Currency in a manner that violates these Terms, including transferring Virtual Goods or Currency to other individuals, parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currency or other products or services; (13) Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms; (14) Attempt to use the Application on or through any Application that is not authorized by LuckyFish. Any such use is at your own risk and may subject you to additional or different terms. LuckyFish takes no responsibility for your use of the Application through any Application that is not authorized by it; (15) Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without LuckyFish’s written permission; (16) Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Application; (17) Post or communicate any person’s real-world personal information using the Application; (18) Interfere with the ability of others to enjoy using the Application, including disrupt, overburden or aid the disruption or overburdening of the Application servers, or take actions that interfere with or materially increase the cost to provide the Application for the enjoyment of all its users; (19) Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without LuckyFish’s written permission; (20) Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Application.LuckyFish does not control or endorse the content, messages or information found in User Generated Content portions of the Application or external sites that may be linked to or from the games or their forums and, therefore, LuckyFish specifically disclaims any responsibility with regard thereto.
Disclaimer of Warranty; Limitation of Liability; Indemnification
YOU AGREE TO INDEMNIFY AND HOLD LUCKYFISH PARTIES, 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 (I) YOUR USE OF AND ACCESS TO THE APPLICATION; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (IV) ANY CLAIM THAT A USER SUBMISSIONS MADE BY YOU HAS CAUSED DAMAGE TO A THIRD PARTY; OR (V) ANY USER GENERATED CONTENT YOU POST OR SHARE ON OR THROUGH THE APPLICATION.
General; Governing Law
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Application is not intended for children under 13. If you are under 13 years of age, then please do not use the Application. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
You agree that LuckyFish may change any part of the Application, including its content, at any time or discontinue the Application or any part thereof, for any reason, without notice to you and without liability.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YouTube without restriction.
By using or visiting the Application, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and LuckyFish. Any claim or dispute between you and LuckyFish that arises in whole or in part from your use of the Application shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv – Jaffa, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Tel Aviv – Jaffa. LuckyFish reserves the right to amend these Terms of Application at any time and without notice, and it is your responsibility to review these Terms of Application for any changes. Your use of the Application following any amendment of these Terms of Application will signify your assent to and acceptance of its revised terms. YOU AND LUCKYFISH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.