Terms of Services

These terms of use (“Terms”) are an agreement between Major Gem Interactive Ltd. (referred to as “Major Gem”, “we”, “us” or “our”) and you (referred to as “you” or “your”), and sets forth the terms and conditions relating to your use of our mobile application and services (collectively, “Mobile Applications” or “Services”).

It is important that you read these Terms before accessing or using the Mobile Applications and/or Services so that you are aware of the terms of use relating thereto. In addition to these Terms, we encourage you to carefully review our Privacy Policy https://www.majorgeminteractive.com/privacy-policy, which govern how we use your data and information.

Acceptance of these terms

As a precondition for downloading the Mobile Applications and/or using the Services, you must agree to these Terms. If you accept these Terms, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these Terms, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these Terms.

By downloading the Mobile Applications and/or by using or otherwise accessing the Services, you agree to these Terms. If you do not agree to these Terms, you may not download the Mobile Applications and/or use or otherwise access the Services.

Right of Withdrawal

If you are a consumer based in the European Union or a member country of the European Economic Area (“EEA”), the following applies to you.

You may have the right to withdraw from these Terms, without the need to assign a reason, within 14 days from the day you first consented to them in the manner set forth immediately above. You may also have the right to withdraw from the purchase of a license to a in app purchase, without the need to assign a reason, within 14 days from purchase. However, you are not entitled to withdraw from a purchase if you have consented to the in-app purchase or service being fully provided to you during the withdrawal period and acknowledged that you thereby forfeit your right of withdrawal.

To withdraw from these Terms, you must inform us of your decision to withdraw and discontinue your use of the Mobile Application and Services. To withdraw from the purchase of an in-app purchase and/or a Service, you must inform the merchant of record, which may be either Major Gem, or its authorized partner through whom you made the purchase. Please note that we are neither able nor required to fulfill your request to withdraw from a purchase where we are not the merchant of record.

To inform us of your decision to withdraw, you must send an equivocal statement of your decision by email to support@majorgeminteractive.com. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.

If you withdraw from the purchase of a license to an in-app purchase or a Service, you are entitled to be reimbursed for the purchase without undue delay and in any event not later than 14 days from the day on which you informed the merchant of record of your decision to withdraw from the purchase. The reimbursement will be carried out using the same means of payment as you used for the initial payment, unless you have agreed otherwise. You will not incur any fees as a result of such reimbursement.

Right to Use the Services

Subject to these Terms, we hereby grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable, non-transferable, limited right and license to use the Mobile Applications and Services for your personal, non-commercial use.

Except as set forth above, you do not receive any other right and/or license to the Mobile Applications, the Services and/or to any part of either of the foregoing thereof. We retain all right, title and interest in and to the Mobile Applications and Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Mobile Applicationsand/or the Services, moral rights, in each case whether registered and/or registrable, or not, and all applications thereof. Unless expressly authorized by applicable law, the Mobile Applications and Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without our prior written consent. We reserve all rights not expressly granted to you herein.

The Mobile Applications and Services and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the in-app purchases appearing in or originating from the Services, whether earned in the Services or purchased from Major Gem or its authorized partners.

Purchases in the Mobile Applications

We may license to you certain virtual goods or other content (e.g. in-game items or currency) which may be used within the Mobile Applications and/or Services and which you may purchase with “real world” money or earn or redeem through gameplay (“in-app purchase“). In-app purchases are licensed to you on a limited, personal, non-transferable, non-sublicensable, non-subcontractable, revocable basis solely for your own non-commercial use.

Unless expressly authorized in the Mobile Applications and Services, you may only purchase in-app purchases from Major Gem or its authorized partner and the transfer or sale of any in -app purchase is prohibited.

In-app purchases do not have an equivalent value in real world money and are not a substitute for real world money. Neither Major Gem, nor any other person or entity has any obligation to exchange in-app purchases for anything of value. Major Gem is not liable for hacking or loss of your in-app purchases.

Price and availability of in-app purchases are subject to change without notice.

All purchases and redemptions of in-app purchases made through the Mobile Applications are final and non-refundable. You acknowledge and consent that in-app purchases are provided to you immediately upon purchase and that you forfeit any right to cancel or withdraw from the purchase once the process has commenced. Accordingly, you agree that Major Gem is not required to provide a refund for in-app purchases for any reason. You further acknowledge that you will not receive money or other compensation for unused in-app purchases, regardless of whether your loss of license under these Terms was voluntary or involuntary. The foregoing does not affect your rights under applicable law, including those you may have based on the legal guarantee of conformity described in Section “Disclaimer”.

If you ask for your personal data to be deleted, in compliance with our privacy policy, you will permanently forfeit all of your in-app purchases without the right to refund, as we will no longer be able associate such in-app purchases with you.

Code of Conduct

You agree that you will not, under any circumstances:

  • Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Mobile Applications and Services.
  • Use the Mobile Applications and Services in violation of any applicable law or regulation.
  • Use the Mobile Applications and Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
  • Use the Mobile Applications and Services for fraudulent or abusive purposes including, but not limited to, using the Mobile Applications and Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Mobile Applications and Services;
  • Disrupt, interfere with, or otherwise adversely affect the normal flow of the Mobile Applications and Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Mobile Applications and Services.
  • Attempt to gain unauthorized access to the Mobile Applications and Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Major Gem, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Mobile Applications and Services.
  • Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously offensive or otherwise objectionable.
  • Engage in ongoing toxic behaviour, such as repeatedly posting information on an unsolicited basis.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Major Gem employees, directors, officers, and customer service representatives.
  • Make available through the Mobile Applications and Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a Major Gem employee, director or officer.
  • Unless specifically authorized by applicable law, attempt to decompile, reverse engineer, disassemble, or hack any of the Mobile Applications and Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Major Gem, or to obtain any information from the Mobile Applications and Services using any method not expressly permitted by these Terms.
  • Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Mobile Applications and Services.
  • Harvest, scrape or collect any information about or regarding other people that use the Mobile Applications and Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
  • Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Mobile Applications and Services.
  • Engage in any act that Major Gem deems to conflict with the spirit or intent of the Mobile Applications and Services or make improper use of Major Gem’s support services.

User Interactions

  • We assume no responsibility for the conduct of other users of the Mobile Applications and Services or for monitoring the Mobile Applications and Services for inappropriate content or conduct. Major Gem does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.
  • By using the Mobile Applications and Services, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. We may utilize technology to monitor and/or record your interactions with the Mobile Applications and Services or communications within the Mobile Applications and Services (including, but not limited to, chat text or voice communications). You irrevocably consent to such monitoring and recording and agree that you have no expectation of privacy concerning the transmission of any content within the Mobile Applications and Services, including, but not limited to, chat text or voice communications. You understand that your contributions, communications within the Mobile Applications and Services, and/or your interactions with the Mobile Applications and Services may be displayed to or viewable by other users of the Mobile Applications and Services or the general public.
  • Major Gem reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any content made available by users of the Mobile Applications and Services without notice for any reason or for no reason at any time. If at any time we choose, at our sole discretion, to monitor the Mobile Applications and Services, we nonetheless assume no responsibility for content made available by users of the Mobile Applications and Services, and Major Gem assumes no obligation to modify or remove any inappropriate content.
  • You acknowledge that Major Gem is not a party to any dispute you may have with any other user(s) of the Mobile Applications and Services. We have no obligation to become involved in any such dispute. You release Major Gem and its subsidiaries (and Major Gem’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.

Accounts and Membership

If you create an account in our Mobile Applications, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures, and our Mobile Applications are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for our users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time.

Accuracy of Information

Occasionally there may be information in our Mobile Applications that contain typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Mobile Applications or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in our Mobile Applications including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Applications should be taken to indicate that all information in our Mobile Applications or on any related Service has been modified or updated.

Advertisements

During use of our Mobile Applications and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through our Mobile Applications and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Links to other mobile applications

Although our Mobile Applications may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from our Mobile Applications. Your linking to any other off-site mobile applications is at your own risk.

Prohibited uses

In addition to other terms as set forth in these Terms, you are prohibited from using our Mobile Applications and Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

Availability, Compatibility, and Changes to the Services

We do not guarantee that the Mobile Applications and Services are available at all times or will continue to be available in the future. The Mobile Applications and Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Mobile Applications and Services or parts thereof may be designed to be available only for a limited time (e.g. when content is seasonal or early access is provided to a development version of a game), or their life cycle may be affected by technological developments or changes in consumer behaviour. Accordingly, Major Gem reserves the right to stop offering and/or supporting the Mobile Applications and Services or parts thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Mobile Applications and Services or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Major Gem does not have to provide refunds for the Mobile Applications and Services or any in-app purchase. Where appropriate, Major Gem will take reasonable measures to provide advance notice when any Mobile Applications and Services or parts thereof are discontinued. However, We may limit, suspend or terminate the Mobile Applications and Services or parts thereof without notice, and take technical and legal steps to prevent you from accessing the Mobile Applications and Services, if we believe you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these Terms.

The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Mobile Applications and Services are compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).

The Mobile Applications and Services are intended to evolve over time. Accordingly, we may change, manage, modify, or update the Mobile Applications and Services or parts thereof (including, but not limited to, in-app purchases) from time to time. This may result in content or features being added, removed, or modified (e.g. gameplay modes or areas being added or removed or in-app purchases having their appearance or power altered). Major Gem may, at its sole discretion, make any such changes as it believes to be necessary to maintain and improve the Mobile Applications and Services, including, but not limited to, introducing, modifying, or removing game content and features according to Major Gem’s development roadmap, adapting to new technologies, reflecting changes to Major Gem’s agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the Mobile Applications and Services, you may be required to download and install an update to continue using them. If you do not, you may be unable to access or use the Mobile Applications and Services or parts thereof.

Disclaimer of warranty

YOU AGREE THAT YOUR USE OF OUR MOBILE APPLICATIONS OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow disclaimers such as those set forth above; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms shall infringe upon the statutory rights that you may have as a consumer of the Mobile Applications and Services. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which Major Gem may be liable for a lack of conformity that you discover: (a) within two years from any one-time supply of the Mobile Applications and Services; or (b) at any time during any continuous supply of the Services.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MAJOR GEM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF MAJOR GEM HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MAJOR GEM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE MOBILE APPLICATION AND SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO MAJOR GEM DURING THE ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms will infringe upon any statutory rights you may have as a consumer of the Mobile Applications and Services.

Indemnification

You agree to indemnify and hold Major Gem and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of our Mobile Applications or Services or any wilful misconduct on your part.

Copyright and DMCA

If you believe the Mobile Applications and Services or any of its content infringes your copyrights, please send a notice to: Major Gem Interactive Ltd, Legal Department, Zeitlin 35, Tel Aviv, Israel, or alternatively via email to: support@majorgeminteractive.com.

Please include all of the following in your DMCA notice: (a) Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works; (b) Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable Major Gem to locate the material; (c) Provide your full legal name, mailing address, telephone number, and (if available) email address; (d) Include the following statement in the body of the DMCA notice: “I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.” Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by Major Gem or its users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Major Gem.

Severability

All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

For United States residents, these Terms contain a binding arbitration clause and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes set forth hereunder, you agree that any disputes arising between you and Major Gem will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

If you are a United States resident or otherwise make any claim against Major Gem in the United States, you expressly agree that any legal claim, dispute or other controversy between you and Major Gem arising out of or otherwise relating in any way to Mobile Application and Services, including controversies relating to the applicability, enforceability or validity of any provision of these Terms or Major Gem’s Privacy Policy (collectively “Disputes”), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association (“AAA”), rather than in a court, as described herein. The arbitration will be governed by the AAA’s commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively “Rules and Procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Major Gem will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Major Gem also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration may be conducted in New York, NY, or upon your request, in the city closest to your location where AAA maintains an office. The arbitrator’s award shall be final and binding on you and Major Gem and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

As an exception to the binding arbitration rule, to the extent the Dispute arises from: (a) A violation of Major Gem’s intellectual property rights in any manner; (b) Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of Conduct” of these Terms; and (c) Any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.

You and Major Gem agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.

You may opt out of this obligation to arbitrate. If you do so, neither you nor Major Gem can require the other to participate in an arbitration proceeding. To opt out, you must notify Major Gem in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: Major Gem Interactive Ltd., ATTN: Legal Department, Zeitlin 35, Tel Aviv, Israel. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.

To begin an arbitration proceeding, you must send a letter to: Major Gem Interactive Ltd., ATTN: Legal Department, Zeitlin 35, Tel Aviv, Israel, requesting arbitration and describing your claim.

Major Gem will provide 30-days’ notice of any changes to this Section “Binding Arbitration / Class Waiver” through the Mobile Application and/or Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

If you are not a United Stats resident, then the formation, interpretation, and performance of these Terms and any dispute arising out of it shall be governed by the substantive and procedural laws of Israel without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tel Aviv, Israel, and you hereby submit to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify these Terms or its policies relating to our Mobile Applications or Services at any time, effective upon posting of an updated version of these Terms in our Mobile Applications. When we do, we will revise the updated date at the bottom of this page. Continued use of our Mobile Applications after any such changes shall constitute your consent to such changes.

Entire Agreement

These Terms set out the entire agreement between you and Major Gem regarding the Mobile Application and Services and supersede all earlier agreements and understandings between you and Major Gem.

Assignment

Major may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these Terms. You may not assign or delegate any rights or obligations under these Terms without Major Gem’s prior written consent, and any unauthorized assignment and delegation by you is void.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Major Gem’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

No Waiver

Any failure by Major Gem to exercise or enforce any of its rights under these Terms does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of Major Gem.

Additional Terms for Apple Users

In addition to the terms set forth above, the following terms apply if you are accessing the Mobile Applications and/or Services using devices by Apple Inc. (“Apple”).

You acknowledge and agree that these Terms are concluded between you and Major Gem, not with Apple, and that Major Gem, not Apple, is responsible for the Mobile Applications and/or Services and their content. The license granted to you under these Terms is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third-party terms of agreement therein. You must comply with any third-party terms and conditions that apply to your use of the Mobile Applications and/or Services.

Major Gem, not Apple, is responsible to you for: (a) providing any relevant maintenance or support for the Mobile Applications and/or Services in accordance with these Terms; and (b) addressing any claims you may have regarding the Mobile Applications and/or Services, including product liability claims, any claim that the Mobile Applications and/or Services fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar laws. If the Mobile Applications and/or Services fail to conform to the warranties or other conditions set forth in these Terms or applicable law, you may notify Apple, after which Apple may refund the purchase price (if any) for the relevant Mobile Applications and/or Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Mobile Applications and/or Services.

In the event of any third-party claim that the Mobile Applications and/or Services or your possession and use of the Mobile Applications and/or Services infringes a third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement, or discharge of any such intellectual property infringement claim.

You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries to these Terms. Upon your acceptance of these Terms, you agree that Apple has the right to enforce these Terms against you as a third-party beneficiary.

Contacting us

If you would like to contact us to understand more about these Terms, or wish to contact us concerning any matter relating to it, you may send an email to support@majorgem.com

Last updated April 5, 2024

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