These Terms of Service (“TOS”) are a legally binding contract between you and the developer of this mobile application and apply to you regarding your access and use of this mobile application including any features accessible and used through the mobile application (“App” and “Services”). Agreeing to these TOS is a precondition for accessing and using our Services.
The Service and the App are offered by NetNut Ltd. ("the Company" “we,” “us,” or “our”).
If you download, install, access or use the App or related Services, you hereby confirm Your consent to be bound by the terms and conditions of this App, including the Policy. If You do not agree with any of the terms and conditions of this TOS, please, do not download, install, access, or use the App or related Services.
By installing, accessing or using our App or related Services You also confirm that You are at least 18 years of age (or older if required to comply with applicable laws) and have a full legal capacity to enter into this agreement.
This agreement may be periodically updated, changed, amended, altered, or otherwise modified for various reasons, e.g., to comply with the terms of the applicable legislation or to reflect certain changes in or to the Services, at our sole discretion and at any time. Any changes, amendments, translations, deletions, or any other alterations of these terms, whatsoever, by you are not allowed and expressly rejected by us. If we modify this agreement, we will notify you by sending an email, or posting a notice within the Services, or updating the “Last revised” date below. The current version will be made available to you with the indication of the date of the most recent change. Any changes will become effective and legally binding once we post it. Your continued use of the Services, in whole or in part, constitutes your acceptance of changed terms. If you do not agree to the changes, you must cease accessing and using the Services.
We give you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable
and non-assignable license to use the Services. This license is for your personal non-commercial
use only (so you cannot give, ‘sell’, lend, gift, assign, sublicense or otherwise transfer it to
someone else) and does not give you any ownership rights in the Services. You do not receive
any other license. We own and continue to own all our Services including (but not limited to) all
copyrights, computer codes, characters, etc.
As a condition of using our Services and this App, you will become a "peer" in the Company's network ("Peer"). This means you agree to share your device's resources, mainly its IP address, in order to serve other members of the Company's network. By using the Services, you hereby expressly acknowledge to the Company that you will become a Peer, and acceptance of these Terms of Use by you constitutes your express consent to become a Peer. You will have the option to opt-out from serving as a Peer at any time. However, please note that in such a case, you may not be able to access the full features of the Service.
You agree that any commercial use of the Services, in whole or in part, by you is strictly prohibited, and that your access to or use of the Services will be for purposes which are always outside your trade, business, craft, or profession. This means you cannot use the Services for any other purpose than expressly allowed by this agreement. Please remember that your license is limited, and any use of the Services in violation of these terms will result in an immediate termination of this agreement. We reserve the right to revoke the license and terminate this agreement if you breach or threaten to breach this agreement, without liability of any kind based on the above.
You agree that you are solely responsible for installation or deployment of any part of the Services, and that we assume no responsibility to set up, personalize, control, synchronize, or provide you with any sort of instructions on installation or deployment, or otherwise integrate the Services. We shall not be held liable, and there will not be a lack of conformity, due to shortcomings in the integration or deployment carried out by you or on your behalf.
You agree that you will not do and will not attempt to do, or authorize, permit, cause, or allow anyone else to do, directly or indirectly, any of the following:
Services and other subject matter available in or through the Services (other than Third Party Suppliers content), including the code, images, logos, icons, graphics, user interface, sounds, audio, score, themes, texts, scripts, plot, characters, catchphrases, in-game currency, in-game items, logo, trademarks, and other materials covered by copyrights, trademarks, or any other proprietary rights, are our property and protected by intellectual property laws and treaties. Unless otherwise expressly allowed by us, you must not use or exploit any of it, alone or combined, without our prior, written, and direct permission.
You acknowledge and agree that the Services and all rights therein are licensed to you, not sold. Your license confers no title or ownership in and to the Services and should not be construed as a sale, rent, or lease.
We do not endorse, encourage, or support any creative ideas, materials, content, suggestions, concepts, including software and code, and all other types of creative works (“Feedback”) you submit to us, whether directly or indirectly, and regardless of the form of such submissions (via sending us an email or otherwise communicating your Feedback). We appreciate your eagerness to contribute, however, we have to ask you to refrain from contributing any Feedback. If you still submit your Feedback to us, you therefore grant us a non-exclusive, freely sublicensable, irrevocable, transferable, assignable, fully paid, and royalty-free right and license to use, reproduce, copy, host, store, incorporate, adapt, modify, change, amend, prepare derivative works based on, communicate to the public, publicly display, publicly perform, broadcast, transmit, make available, sell, rent, lease, offer, or otherwise exploit the Feedback for any and all current and future purposes and methods of exploitation, commercially or otherwise, in whole or in part, in any media known or developed in the future, without further notice or compensation of any kind, alone or accompanied by other material, including any text, image or other creative elements that may be used at our sole discretion, on the territory of any country and for the entire duration of the intellectual property or other proprietary rights. To the maximum extent permitted by applicable law, you waive and agree not to assert any moral rights or personal rights, or any similar rights you may have according to any jurisdiction in any country in and to your Feedback. You acknowledge and agree that we are not required or obliged to credit, attribute, or compensate you. If the applicable law does not allow you to waive or not to assert your moral rights or personal rights, you therefore grant us the right to use your Feedback without indicating your name or pseudonym (anonymously), and the right to make edits in and to your Feedback, without prior consent or further notice to you.
We may link or provide access to Third Party Suppliers from our Services, or Our App may be provided in connection with the advertising, services and content of Third Party Suppliers. We are not responsible for the availability of such websites or resources of the Third Party Suppliers, and We are not responsible or liable for any content, advertising, or services they provide. Any content, advertising or services by such Third Party Suppliers are provided following the terms of services and privacy policies to be found on the website of the respective Third Party Supplier and, where applicable, You must familiarize Yourself and accept the terms of services and privacy policies of such Third Party Suppliers before using their services. We are not responsible or liable, directly or indirectly, to You in relation to any losses, damages or harm caused by or in connection with use of any such content or services by the Third Party Suppliers. Any additional charges You may incur in relation to the use of the services by such Third Party Suppliers is Your responsibility.
THIS AGREEMENT DOES NOT LIMIT OR EXCLUDE STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER ACCORDING TO CONSUMER PROTECTION LAWS IN YOUR JURISDICTION, THUS, SOME OF THE BELOW TERMS MAY NOT APPLY TO YOU.THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ANY ACCESS TO OR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE IT MAY CAUSE. WE MAKE NO WARRANTIES THAT THE SERVICES ARE OF A PARTICULAR STANDARD, QUALITY, VALUE OR GRADE; THAT THE SERVICES WILL BE AVAILABLE; THAT THE SERVICES WILL BE ACCURATE, TIMELY, COMPLETE, OR ERRORLESS. IN PARTICULAR, WE MAKE NO WARRANTY THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES; THAT THE SERVICES WILL MEET YOUR NEEDS; THAT YOU WILL ENJOY THE SERVICES; THAT ALL THE ABOVE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ANY DEFECTS OR OMISSIONS WILL BE FIXED OR CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR OUR LICENSORS, SERVICE PROVIDERS, OR CONTRACTORS, NOR THEIR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR SUBSIDIARIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, DAMAGE CAUSED TO YOUR PROPERTY, LOST DATA OR OTHER INTANGIBLE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, IN ANY OTHER WAY ARISING OUT OF USE OR INABILITY TO USE THE SERVICES. THUS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES SHALL BE ALWAYS LIMITED AND, IN ANY WAY, WILL NOT EXCEED US$50, YOUR SOLE REMEDY (AND OUR SOLE LIABILITY) FOR ANY CLAIMS AND DISPUTES IS TO CEASE USING THE SERVICES. WE, HOWEVER, DO NOT LIMIT OR EXCLUDE OUR LIABILITY RESULTING FROM FRAUD, GROSS NEGLIGENCE, WILFULL MISCONDUCT, OR IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM AN ACT OR OMISSION BY US.
The license under this TOS is effective for an indefinite period, until we terminate it, or until You decide to terminate it by uninstalling and discontinuing use of the App. The TOS, Your rights and licenses hereunder will terminate automatically without notice, if You fail to comply with any of the provisions of this TOS. We reserve the right to suspend, discontinue, enhance, update or otherwise modify the App (or any of its features or functionalities), or its availability to You, at any time without notice. Upon termination of the license to the App, You will cease all use of the App and related Services. All provisions of this TOS with regard to Privacy, Intellectual Property Rights, disclaimer of warranty, limitation of liability, indemnification, applicable law and severability, waivers and dispute resolution will survive the termination.
Nothing in this agreement limits of affects your statutory rights you may have according to applicable law. This agreement and all disputes arising out of or in connection with this agreement shall be governed by and construed in accordance with the laws of the state of Israel.
This TOS does not intend to limit or exclude any statutory right you may have under applicable law. If any part of this agreement is found to be invalid or unenforceable, it will not affect the rest of the agreement. This agreement is for the benefit of its parties (i.e., you and us) and does not create any rights for any third parties. You agree to fully comply with all export/import laws and regulations. You may not, neither you may allow or authorize anyone else to use the Services or any portion thereof on the territory of any terrorist supporting country or the country in relation to which the appropriate restrictive measure or sanctions have been imposed. You represent and warrant that you are not located, domiciled, or resident in any of such countries. We may assign or transfer this agreement, in whole or in part, to anyone at our sole discretion if we find it necessary, with or without notifying you. You may assign or transfer this agreement, provided, however, you will notify us in advance of any such assignment in writing. You agree that if you assign or transfer this agreement without notifying us in advance, any such assignment or transfer will be ineffective. No failure or delay to exercise any right or remedy under this agreement by us or you constitute a waiver of that right or remedy, at a present or in the future.
