Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Welcome to Poker Fighter, Mindful Games, Ltd. Apps and/or websites (the "Site"). Your access and use of the Site and of features, software, products and services provided by Mindful Games, Ltd., a limited liability company, (the ""Company," "we," "us" or "our") through the Site, but excluding any software, products or services provided by the Company under a separate written agreement, (individually and collectively, the ""Service") is subject to the terms and conditions in this Terms of Service (this ""ToS").

You must agree to this ToS in order to use the Site and/or the Service. If you use the Site and/or the Service, or click to accept or agree to this ToS if presented to you in a user interface for the Service, we will understand this as your acceptance of this ToS and your agreement to all of its terms and conditions. By accepting this ToS or using the Site and/or the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToS, then you may not use the Site or the Service. If you are using the Site or the Service on behalf of another person or entity, you represent and warrant that you have full legal authority to bind such person or entity to this ToS. If you do not have such authority, then you may not use the Site or the Service on their behalf and you must discontinue all use of the Site and the Service immediately.

1. ToS Updates. The Company may update this ToS at any time and the Company will post the updated version of this ToS on the Site. You understand and agree that you will be deemed to have accepted the updated ToS if you use the Site or the Service after the updated ToS is posted on the Site. If at any point you do not agree to any portion of the ToS then in effect, you must immediately stop using the Site and the Service.

2. Provision of the Service. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that the Company may make changes to the Site and/or the Service at any time without notifying you in advance.

3. Termination of Service. The Company reserves the right to deny service to any person at the Company's sole and absolute discretion. You acknowledge and agree that the Company may stop providing the Site and/or the Service or restrict your use of the Site and/or the Service any time, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of this ToS and/or if the Company suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account.

4. Accounts and Security.

4.1. Account. To access certain aspects of the Service, you must have an account. You can create an account by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to the Company will be correct, accurate and up to date.

4.2. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of the account password. You agree to notify the Company immediately if you become aware of any unauthorized use of your password or of your account.

4.3. Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, shared, gifted or otherwise transferred at any time under any circumstances. You may not disclose your password to anyone else.

4.4. Cancellation by You. You have the right to cancel your account at any time. You may cancel your account by following the instructions on the Site for closing your accounts.

4.5. Termination by the Company. The Company may at any time terminate your account if:

4.6.Effect of Account Termination or Cancellation. If you voluntarily terminate an account or allow that account to lapse, you will be able to reactivate that account at any time through the account interface on the Site. Accounts terminated by the Company for any type of abuse, including without limitation a violation of this ToS, may not be reactivated for any reason.

5.Restrictions and Conditions of Use.

5.1. Use of the Site. The Company permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works of, transfer, sell or re-sell any information, materials, data or services obtained from the Site or through the Service.

5.2. Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site or any mobile application provided by the Company. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the Site or the Service.

5.3. No Violation of Laws. You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law, ordinance, rule, regulation or treaty.

5.4. Use Restrictions. You may not connect to or use the Site or the Service in any way that is not expressly permitted by this ToS.

5.5. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service, including without limitation email addresses or mobile phone numbers of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications proToSol used by the Site or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third- party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or the Service.

5.6. Violation of this ToS. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of this ToS or for the consequences of any such breach.

6.Links.

6.1. Links from the Site. The Site may contain links to websites operated by other parties. The Company provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of the Company, and the Company is not responsible for the content available on the other websites. Such links do not imply the Company's endorsement of information or material on any other website and the Company disclaims all liability with regard to your access to and use of such linked websites.

6.2. Links to the Site. Unless otherwise set forth in a written agreement between you and the Company, you must adhere to the Company's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Company's and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Company, and (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking Site. The Company reserves the right to revoke its consent to the link at any time and in its sole discretion.

7. Intellectual Property.

7.1. Trademarks. The Company logo is a trademark/service mark of the Company. Unless permitted in a separate written agreement with the Company, you do not have the right to use any of the Company's trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.

7.2. Ownership. You acknowledge and agree that the Company, or its licensors, owns all right, title and interest in and to the Site and the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site and the Service are protected by Israeli and international copyright laws. Further, you acknowledge that the Service may contain information that the Company has designated as confidential and you agree not to disclose such information without the Company's prior written consent.

7.3. Third Party Software and Services. The Service may be incorporated into, and the Software may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements (including, without limitation, terms of use and terms of service posted on third party websites), and you agree to look solely to the applicable third party and not to the Company with respect to your rights in relation to such third party software, technology and/or services.

8. Privacy Policy. By accepting this ToS or using the Site and/or the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToS. The Company may revise the Privacy Policy at any time and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and the Service.

9. Location. The Site and the Service are operated by the Company in Israel. If you choose to access the Site and/or the Service from a location outside of Israel, you do so on your own initiative and you are responsible for compliance with applicable local laws.

10. Children. The Site and the Service are not directed toward children under 13 years of age nor does the Company knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personal information about yourself to the Company.

11. Disclaimer of Warranties.

11.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

11.3. THE COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE.

11.4. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SITE OR THE SERVICE WILL BE CORRECTED; OR (e) THE SITE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.5. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEIVCE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

12. Limitation of Liability; Exclusive Remedy.

12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:

12.2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE COMPANY OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and the Related Parties shall be limited to the fullest extent permitted by law.

13. Indemnification. You agree to indemnify, defend and hold the Company and the Related Parties harmless from any and all claims, demands, damages or other losses, including without limitation reasonable attorneys' fees, resulting from or arising out of (i) your use of the Site and/or the Service or (ii) your breach of this ToS or any other policies that the Company may issue for the Site and/or the Service from time to time.

14. Governing Law; Jurisdiction. These Terms shall be governed and construed in accordance with the laws of Israel, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

15. General.

15.1. ToS Revisions. This ToS may only be revised in a writing signed by the Company, or published by the Company on the Site.

15.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this ToS or your use of the Site or the Service.

15.3. Assignment. The Company may assign its rights under this ToS to any person or entity without your consent. The rights granted to you under this ToS may not be assigned without the Company's prior written consent, and any attempted unauthorized assignment by you shall be null and void.

15.4. Severability. If any part of this ToS is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToS shall be given full force and effect.

15.5. Attorneys' Fees. In the event any litigation or arbitration is brought by either party in connection with this ToS, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

15.6. No Waiver. Our failure to enforce any provision of this ToS shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by the Company of any provision, condition or requirement of this ToS shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

15.7. Notices. All notices given by you or required under this ToS shall be in writing and addressed to : 3A Balfur st., Kiryat-Ono, Israel.

15.8. Export Administration. You shall not export, direct or transfer any portion of the Site or the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

15.9. Equitable Remedies. You acknowledge and agree that the Company would be irreparably damaged if the terms of this ToS were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToS, in addition to such other remedies as we may otherwise have available to us under applicable laws.

15.10. Entire Agreement. This ToS, including the documents referenced in this ToS, constitutes the entire agreement between you and the Company with respect to the Site and the Service and supersedes any and all prior agreements between you and the Company relating to the Site and/or the Service.


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