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Last updated September 2024
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING OR ACCESSING THE SERVICES.
By connecting to, accessing, clicking the “accept” or “ok” button, or using our platform (the “SendBlocks Platform”), and/or website (collectively, the “Services”) you expressly acknowledge and agree that you (“you” or “User”), are entering into a legal agreement with SendBlocks Ltd. and/or its affiliates (“SendBlocks”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions set below (the “Terms”) and with all applicable laws and regulations regarding your use of the Services. If you do not agree to comply with and be bound by these Terms, please do not accept these Terms or access or use the Service.
1. Acceptance and Eligibility
By accessing and using the Services, you represent and warrant that you are to use the Services in accordance with these Terms.
We reserve the right to prevent you from opening an account or using the Services if we have previously blocked your account, or if you were otherwise prohibited by us from using the Services.
2. Registration and User Account
2.1. Your Account. In order to use the Services and access our games, you may be required to register by opening an account (the “Account”) or by signing in using a third-party tool (such as Google, the “Third-Party Providers”). To the extent you are using the Services via Third-Party Providers’ websites, social networks, platform or store (collectively, “Platforms”), you must comply with the Platforms’ terms of use or services, in addition to these Terms, and the Third-Party Providers’ privacy policy will apply to any of your interactions with such Third-Party Providers’ Platforms. In the event of a conflict between these Terms and the Platform Terms, the Platform Terms shall control solely to the extent the conflict relates to the rights or obligations of the Platform and not of SendBlocks.
By opening an Account, you may be required to provide certain details, select a password or allow us to access your Account information through Third-Party Providers, and personal information, as further detailed in SendBlocks’ privacy policy (“Privacy Policy”).
You must safeguard and not disclose your Account log-in details to any other person and supervise the use of your Account, as you will be responsible for all uses of your login information. You are solely and fully responsible for all activities that occur under your Account and undertake to monitor your account and restrict use by anyone. You accept full responsibility for any use of the Service using your login information. SendBlocks reserves the right to block or suspend your Account at any time and for any reason, including in case of claims by a third party that a username violates any third party’s rights or otherwise violate these Terms.
You must notify us immediately of any unauthorized use of your Account and modify your login information to the extent appropriate. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she/they has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account, including by minors, or any other breach of security. We may take actions in connection with your Account when necessary to investigate or resolve technical issues or other problems related to the Service.
If you wish to terminate or close your Account, you may do so by contacting us at support@sendblocks.io. Your account will be terminated and removed within a reasonable time following the receipt of your request. As of the termination date, you will no longer be able to access your Account, including any features associated therewith. For the removal of doubt, in the event your Account shall be terminated by either party, or limited, suspended or modified by SendBlocks, SendBlocks shall be under no obligation to compensate you for any damages and/or losses.
2.2 Right to Use. Subject to your compliance with these Terms, SendBlocks grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited scope license to access the SendBlocks Platform and use the Services (the “Right to Use”). The Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. To the extent you shall disagree to these Terms at any point, your license to use the Services shall immediately terminate and you shall not be entitled to access the Services.
2.3 Updates. You understand that the Service is evolving. You may be required to accept updates to the Service. You accept that such updates can be done by SendBlocks remotely and with or without notifying you. You may need to update third party software from time to time in order to receive the Services. You understand that such updates can be made in order to: (i) comply with any legal or safety requirements; (ii) any technological adaptation necessary; (iii) adapt market changes or user behavior; (iv) adapt to changes in licenses we hold from third parties or other third-party compliance requirements; or (v) to improve your experience and benefit your use of the Services.
2.4 Changes to the Account and the Services. SendBlocks is entitled, on its sole discretion, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and supporting the Service; modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services’ availability to any person, geographic area, or jurisdiction; charge fees in connection with the use of the Services; modify and waive any fees charged in connection with the Services; and offer opportunities to some and all users of the Services. SendBlocks is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes. Unless SendBlocks shall be required by applicable law, we are not required to provide refunds, benefits or other compensation to you in connection with discontinued elements of the Service. You agree that SendBlocks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services or the Terms.
3. Restrictions
You may not, and you may not have or encourage or other person or entity to, directly or indirectly:
3.1 create an Account with or access the Service if you are not an eligible user;
3.2 give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, transfer or distribute any portion of the Services or access to your Account to any third party or make the Services or access to the Services or any Account available in any service bureau or hosted or managed services arrangement without our written permission;
3.3 access without authorization, attempt to gain unauthorized access, or probe, scan or test the vulnerability of the Services, User Accounts, or other computer systems or networks connected to the Services (including, without limitation, through the use of passwords of others, no matter how obtained), or circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services;
3.4 reverse engineer, decompile or disassemble the Services or any components thereof, or modify, translate, patch, alter, or change or create derivative works based upon the Services, or any part thereof;
3.5 use any robot, spider, scraper, any search or retrieval application, or other manual or automatic device, process or method to access the Service and retrieve, index or data-mine or other automated means to access the Services for any purpose, or use such tools to harvest, post, solicit or collect personally identifiable information about other users without their express consent;
3.6 impose or take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on our or our third-party service providers’ infrastructure;
3.7 intentionally interfere or attempt to interfere with the integrity or proper working of the Services, or use the Service in an illegal manner or encourage or promote any illegal activity;
3.8 remove, deface, obscure, or alter our or any third party’s copyright notices, trademarks, text or hyperlinks or other proprietary material affixed to or provided as part of the Services;
3.9 use or access the Services to develop a competing service or product;
3.10 upload or transmit to or through the Service or to any Users encrypted information or material that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, access without authorization, disrupt, impair, disable or otherwise overburden the Services or any Account, computer, network or system;
3.11 exploit, distribute, develop or publicly inform other Users or the public of any game error, miscue or bug which provides an unintended advantage, or of “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
3.12 Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or interfere with the ability of others to enjoy using the Service, including by disrupting, overburdening or aiding the disruption or overburdening of the Service servers, or by taking actions that interfere with or materially increase the cost to us of providing the Service for the enjoyment of all its users;
3.13 improperly use support channels to make false reports to SendBlocks or using profane, defamatory or abusive language in your communications with our support personnel;
3.14. use the Services or engage with Users in a manner which violates or is likely to violate these Terms.
4.Privacy Policy
SendBlocks may use personal information that we may collect or obtain in connection with your access to the Services in accordance with our Privacy Policy and you agree that we may do so. We encourage you to read our privacy policy, available at https://sendblocks.io/privacy-policy/, which describes how we use such information.
5. User Misconduct
If you believe another User has acted inappropriately (whether by violating these terms or in an otherwise offensive, violent, harassing or dangerous manner), please report immediately to the appropriate authority and to us at support@sendblocks.io.
6. Intellectual Property Rights
6.1 The Services, the documentation, the SendBlocks Platform, and any right (including, but not limited to, application, software, code, designs, concepts, graphics, content, text, pictures, methods of operations, upgrades, updates, enhancements, improvements, modifications, derivative works) and any and all intellectual property rights pertaining thereto, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to SendBlocks and are protected by applicable patent, copyright, trade dress, trademark laws and other intellectual property laws and/or international conventions and treaties.
6.2 All rights not expressly granted to you hereunder are reserved by SendBlocks and its licensors. These Terms do not convey to you an interest in or to SendBlocks’ Intellectual Property but only a limited revocable right of use in accordance with these Terms. Nothing in these Terms constitutes a waiver of SendBlocks’ Intellectual Property under any law.
6.3 You shall not, nor shall you cause any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, 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 Service pursuant to these Terms or otherwise exploit any of the games content without SendBlocks’ explicit, prior written permission.
6.4 Trademarks and Trade names. SendBlocks’ marks and logos and all other proprietary identifiers used by SendBlocks in connection with these Terms (“SendBlocks Trademarks”) are all trademarks and/or trade names of SendBlocks, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to SendBlocks Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
7. Limitation of Liability; Waivers of Claims.
EXCLUSION OF CERTAIN LIABILITIES. IN NO EVENT SHALL WE OR OUR AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND, OR DAMAGES OR LOSSES TO OR OF PROFITS, REVENUES, SAVINGS, BUSINESS, REPUTATION, GOODWILL OR DATA OR OTHER INTANGIBLE LOSSES, IN CONNECTION WITH THESE TERMS, OR THE SUBJECT MATTER THEREOF, THE SERVICES OR ANY PORTION THEREOF.
LIMITATION ON TOTAL LIABILITY. OUR AND OUR AFFILIATES’ AND SUPPLIERS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SUBJECT MATTER THEREOF, AND THE SERVICES OR ANY PORTION THEREOF, SHALL IN NO EVENT EXCEED AN AMOUNT WHICH EQUALS THE LESSER OF THE AMOUNTS PAID BY YOU FOR YOUR ACCESS AND USE OF THE SERVICES OR US $100.
APPLICABILITY. THE LIMITATIONS, EXCLUSIONS, WAIVERS, AND TERMS OF THIS SECTION 8 APPLY (A) TO THE MAXIMUM EXTENT PERMITTED BY LAW; (B) REGARDLESS OF WHETHER THE DAMAGES OR LOSSES WERE KNOWN, FORESEEABLE, OR ADVISED OF TO OR BY US OR OUR OFFICERS, OUR DIRECTORS, OUR EMPLOYEES, OUR AFFILIATES, AND OUR AND THEIR LICENSORS AND SUPPLIERS (COLLECTIVELY, “OUR AFFILIATES AND SUPPLIERS”), AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (WHETHER BREACH OF CONTRACT, TORT, OR OTHERWISE).
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
Depending on where you reside and use the Service, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
8. Indemnification
YOU ARE AND AGREE TO BE RESPONSIBLE FOR YOUR ACTIONS AND YOUR USE OF THE SERVICES AND YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES AND SUPPLIERS, AND OUR AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES, CLAIMS, DEMANDS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS DUE TO OR ARISING FROM, INCLUDING ALLEGATIONS WHICH IF TRUE WOULD BE DUE TO OR ARISE FROM, (I) YOUR ACCESS, MISUSE OR USE OF THE SERVICE AND ACTIVITY ON YOUR ACCOUNT, (II) ANY VIOLATION OF THESE TERMS BY YOU, (III) YOUR BREACH OF THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE HEREIN, YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT (IV) AND (V)ANY CLAIM FOR LOSSES OR DAMAGE YOU CAUSE TO A THIRD PARTY IN CONNECTION WITH THE SERVICES. WE HAVE THE RIGHT TO CONTROL THE DEFENSE AND SETTLEMENT OF ANY SUCH CLAIMS WHICH ARE MADE AGAINST US, OUR AFFILIATES AND SUPPLIERS.
9. Amendments to these Terms
SendBlocks may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. All changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that these Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
10. Termination and Suspension
10.1 In the event of we suspect you have violated or may violate any of these Terms or an applicable law, or that your Account has been used or may be used in such way, or as otherwise determined by us in our sole discretion and without derogating from any remedy we or any party may be entitled to, SendBlocks may immediately and without notice temporarily or permanently limit, suspend or terminate your use of the Service and/or deny access to your Account, in a whole or in a part, in its sole discretion. Without limitation to above if SendBlocks believes that the Service is being accessed or used, in a manner that may cause harm to SendBlocks, the SendBlocks Platform, the Services or any third party, in violation of any law or intellectual property, privacy or other rights, or in a manner which violates or would violate the Restrictions, then SendBlocks may suspend the relevant Account. The suspension will last until such time as SendBlocks believes the threat of harm, or actual harm, has passed, as applicable. In such an event, you will forfeit any continuing right or license to use any of the Services, and SendBlocks is under no obligation to compensate you for any loss or damage of any kind that you or any other party may allege in connection with such action. If you have more than one Account, SendBlocks may terminate all of your Accounts.
10.2 SendBlocks reserves the right to terminate an Account that was not active for at least 180 consecutive days. In the event SendBlocks terminates your account, you may not use or access the Services again without SendBlocks’ express permission. We reserve the right to refuse Accounts for, and to provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: support@sendblocks.io.
10.2 This Section 10 and Sections 3 (Restrictions), 5 (Privacy Policy), 6 (Intellectual Property Rights), (7) Limitation of Liability, 8 (Indemnification), 9 and 11 (General), shall survive termination of these Terms and the Service.
11. General
11.1 Relationship. Your relationship with us, is limited to being a User and an independent, third-party contractor, and not an employee, agent, joint venture or partner of ours. This is the case for all users. You act exclusively on your own behalf and for your own benefit, and not on behalf of, or for the benefit of, us or our Affiliates and Suppliers. you agree not to take any action which may create a false impression that you are endorsed by, partnering with, or acting on behalf, or for the benefit, of us, including by inappropriately using any of our content or our trademarks.
11.2 Governing Law; Jurisdiction. These Terms, the subject matter of these Terms, and any disputes between you and us or our affiliates (including, without limitation, regarding your breach of these Terms) shall be governed and interpreted in accordance with the laws of the State of Israel, excluding its conflicts or choice of laws or rules principles. Any such disputes will be subject to the exclusive jurisdiction of the competent courts located in Tel-Aviv Jaffa, Israel, and you and SendBlocks each submit to the jurisdiction of such courts and waive all claims object to such jurisdiction, venue and forum, including, without limitation any claim of forum non convention. As an exception to this, we may seek preliminary, interim or other temporary injunctive or other relief (such as, for example, a court order) in any competent court in any jurisdiction worldwide.
11.3 Assignment. You may not assign, transfer or delegate these Terms or any rights or obligations you have under these Terms to any other person or entity, but we may do so without restriction.
11.4 Miscellaneous. These Terms together with any notices we post on the website constitute the entire agreement between you and us with respect to the subject matter of these terms. They may not be changed by you without our express written consent, but may be changed by us without restriction. No waiver under these Terms shall be deemed a continuing waiver, unless expressly stated or agreed otherwise by the party against whom enforcement of such waiver is sought. Headings in these Terms are for your convenience and shall not be used in interpreting these Terms. If any provision of these Terms is held to be invalid or unenforceable, (i) the remainder of the Terms will remain in full force and effect, and (ii) the invalid provision shall be substituted with a provision that most closely approximates the original legal and economic effect of the invalid provision. Any right or remedy given in these Terms is, unless expressly stated otherwise, without exclusion of, or limitation to, any rights or remedies, otherwise available under these Terms, at law or equity. The prevailing party in any action or proceeding that is brought shall be entitled to reasonable attorneys’ fees from the other with respect to such action, in addition to any other relief or damages to which that party may be entitled.
11.5 Notices and Disclaimers.
11.5.1 YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICE IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT OUT WARRANTIES, GUARANTEES, PROMISES, OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, ALL OF WHICH ARE HEREBY DISCLAIMED ON BEHALF OF OURSELVES, OUR AFFILIATES AND SUPPLIERS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WHICH MAY ARISE IN THE COURSE OF DEALING OR USAGE OF TRADE.
11.5.2 SendBlocks assumes no liability, representations, warranties or responsibility for any: (i) errors, mistakes, defects or inaccuracies of content; (ii) personal injury or property damage, of any nature whatever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of our secure servers or any and all personal information or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; (vii) any errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Service; or (viii) The Services will meet your requirements or that transmissions or data will be secure.
If you have any questions (or comments) concerning these Terms, you are most welcome to send us an e-mail to support@sendblocks.io or to this address: Yigal Aon 114, Fl. 14th, Tel Aviv, Israel.
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