These General Terms of Service (“TOS”) govern all use of wristbands, smart paddle and LUDUS mobile application (the “Application“, and together with the wristbands and the smart paddle – the “Products“), as well as all related services and/or content (collectively the “Services“), owned and operated by Ludus Materials Ltd. (“Company,” “Ludus“, “we,” or “us“). Please read these TOS before you get started. The TOS apply to all users and others who access or use the Services (“Users” or “You”). The Services may be used by downloading and using the Application, as further detailed below. For convenience purposes, these TOS are formulated in singular masculine form, but they relate equally to all genders, plural form, companies and legal entities. By clicking/checking the “I agree” button/checkbox on the online registration form, accessing or using the Services you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not access or use the Services.
Your User Content
Conduct Rules for User Content
We want the Application to be a social network community and safe place where Users can share User Content with other Users. In order to do so we set certain guidelines and rules, those are in addition to the terms of the TOS: Share only content that you have the full right and authority to share and that it will not infringe or violate the rights of any third party, including, but not limited to, copyright, trademark, or intellectual property or rights of privacy or publicity.Don’t share content that include pictures or videos of children under 13 that are not your own children unless you have the other parent explicit consent for such sharing. If you saw a picture of your children shared in the Service without your consent, please send us an email to the following address: email@example.com, so we can remove such content. People like to share photos or videos of their children. For safety reasons, there are times when we may remove images that show nude or partially-nude children. Even when this content is shared with good intentions, it could be used by others in unanticipated ways. If one of your photos or videos was shared by someone else or if you believe someone is violating your trademark rights, copyrights or any other of your intellectual property or rights, you could try commenting and asking the person to take it down. If that doesn’t work, you can report it to our customer service department by sending an email to the following address: firstname.lastname@example.org You are not allowed to collect personal information from other Users, by manual or automated means, for any purpose, including sending unsolicited communication.Don’t share User Content that:promotes racism, bigotry, or hatred towards groups or individuals, or that we deem to be inappropriate;is unlawful, libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;harasses or advocates harassment of another person;contains or implies any private or personal identifying information of a third party, including, but not limited to, name, email address, phone number, or home address, ID numbers, Social Security numbers and credit card numbers;displays obscene, pornographic or sexually explicit material of any kind;contains any form of solicitation, including, but not limited to, unsolicited mass mailings or ‘spamming’;contains software viruses or any computer code designed to interfere with the functionality of LUDUS or other users’ communications equipment;solicits passwords or personal identifying information for commercial or unlawful purposes from other users or members;is intended to deceive users or members into dangerous or unlawful activity or that would constitute, encourage or provide instructions for a criminal offense, violate any third party rights, or otherwise create liability or violate any local, state, national or international law;cause injury to any person or entity;impersonates any person or entity, misrepresents your affiliation with a person or entity or creates or attempts to create a false identity on LUDUS;contains or displays copyright or trademark materials, or other proprietary materials owned by others.violates of human dignity, the right to privacy, the reputation of an individual, slander or libel, etc.is untrue, false or misleading information about any person, whatsoever.Any use of the Services in violation of the foregoing and/or in violation of any terms of these TOS may result in, among other things, removal of your User Content and termination or suspension of your rights to use the Services.
Limitation of liability for the User Content
We take no responsibility and assume no liability for any User Content that you or any other user or third party creates with the Application or shares through the Application and the consequences of sharing or publishing it. You are solely responsible for your User Content that you Share through the Application. By using the Application, you acknowledge and agree that we do not select, approve or endorse any User Content shared by you or other users and that we will not be responsible nor liable for such User Content or for any loss or damage that you have incurred as a result of the use of such User Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you share through your use of the Application, is solely your responsibility. In addition, we are not liable for any mistakes, omissions, falsehoods, defamation, slander, libel, obscenity, pornography or profanity you may encounter. Your use of any User Content is at your own risk. Although we do not control and have no obligation to review, screen, edit or monitor any of the User Content shared on the Application, we reserve the right, in our sole discretion and without any notice to you or other users, to remove, screen, edit, delete, disable access to or refuse any User Content shared on the LUDUS, for any reason whatsoever or for no reason. You acknowledge and agree that Company has no responsibility or liability for the deletion or failure to store any User Content that you transmitted to the Services. The ApplicationThe Services are available through the Application, which is developed, owned and marketed by the Company, and any and all related updates and upgrades thereto. The Application can be downloaded through Apple’s software distribution platform (“App Store”) and/or Google’s software distribution platform (“Google Play Store”). Accordingly, the Application can be used on devices that operate with: (a) Apple’s operating system (”iOSPlatform”); and/or (b) Google’s operating system (”AndroidPlatform”) (commonly referred to as the ”Platform(s)”). Notwithstanding anything to the contrary in these TOS, the following additional terms shall apply to the Application. For iOS Platform: Licensed Application End User License Agreement (“Standard EULA”), published by Apple, Inc. (located online at: http://www.apple.com/legal/itunes/appstore/dev/stdeula/), which is incorporated into these TOS by reference, whereas for the purposes of these TOS, the “Application” is considered the “Licensed Application” as defined in the Standard EULA and “Company” is considered the “Licensor” as defined in the Standard EULA. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). For Android Platform: You acknowledge that you have reviewed the Google Play Terms of Service (located online at https://play.google.com/store) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market-policies.html), which are incorporated into these TOS by reference. The App Store Terms and Conditions and the Google Play Terms of Service (including the Android Market Business and Program Policies), as applicable to your device, are referenced in this license as “Usage Rules”.
You and Company acknowledge that these TOS are concluded solely between you and Company, and not with Apple or Google, as applicable, and Company, not Apple or Google, as applicable, is solely responsible for the Application and the content thereof. You further acknowledge that the usage rules for the Application are subject to any additional restrictions set forth in the Usage Rules as of the date you download the Application, and in the event of any conflict, the Usage Rules shall govern if they are more restrictive.Scope of License: We grant to you a limited, personal, non-transferable, non-exclusive, revocable and non-sublicensable license to install and use the Application on the mobile device that you own or control and as permitted by the Usage Rules. This license does not allow you to use the Application on any mobile device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. Restrictions on Use: Without limiting the foregoing, the license to use the Application is granted to you solely for the purpose of material art training (the “Purpose of the Use“). you will not, directly or indirectly, use or authorize or permit any third party to use, for any purpose other than the Purpose of Use, including, without derogation from the generality of the above, any of the following: (a) sublicense, sublease, lease, rent, lend, sell, distribute or otherwise transfer the Application (or any portion thereof) or rights to use the Application to third parties; (b) use the Application or any part thereof for any purpose other than your personal, non-commercial use; (c) copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Application or any part thereof; (d) reproduce, modify, alter or create any derivative works of the LUDUS App or any part thereof; (e) delete, remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application; and (e) copy or distribute Company Materials (as defined below) provided by the Application (other than User Content).
Maintenance and Support
The parties acknowledge that Apple or Google, as applicable, has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.Warranty: You acknowledge that Apple or Google, as applicable, is not responsible for any product warranties, whether express or implied by law, with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple or Google, as applicable, and Apple or Google, as applicable, will refund the purchase price (if applicable) for the LUDUS App to that end-user; and to the maximum extent permitted by applicable law, Apple or Google, as applicable, will have no other warranty obligation whatsoever with respect to the LUDUS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty is the sole responsibility of Company. However, you understand and agree that in accordance with the TOS, Company has disclaimed all warranties of any kind with respect to the LUDUS App and the Services, and therefore, there are no warranties applicable to the LUDUS App. Product Claims: The parties acknowledge that to the extent applicable, Company, and not Apple or Google, as applicable, is responsible for addressing any claims you or any third party may have relating to the LUDUS App or your possession and/or use of the LUDUS App, including, but not limited to: (i) product liability claims; (ii) any claim that the LUDUS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Intellectual Property Rights: The parties acknowledge that, in the event of any third party claim that the LUDUS App or the end-user’s possession and use of that LUDUS App infringes that third party’s intellectual property rights, Company, and not Apple or Google, as applicable, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.Legal Compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Third Party Beneficiary: The parties acknowledge and agree that Apple and/or Google, as applicable, and any of their subsidiaries, are third party beneficiaries of these TOS, and that, upon your acceptance of the terms and conditions of these TOS, Apple and/or Google, as applicable, will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third party beneficiary thereof. Users Interaction and DisputesYou acknowledge and agree that your interaction with persons, individuals, other users, organizations, and other entities found on or through the Services are solely between you and other persons, individuals, other members, organizations, and other entities. You acknowledge and agree that Company will not be liable, responsible, or otherwise legally accountable to you or to any third party for any loss or damage of any sort that you or any third party have incurred from your interaction with such persons, individuals, other users, organizations, and other entities found on or through the Services. In case of a dispute between Users , or between Users and any third party, you acknowledge and agree that Company is not liable, responsible, or otherwise legally accountable for such dispute nor is Company under any obligation to become involved in such disputes. You are solely responsible for your interactions with other Users. Company reserves the right, but has no obligation, to monitor disputes between you and other users. Ownership and Proprietary RightsThe Services and all materials and content thereto (other than User Content), including, without limitation, all trademarks, logo, designs, text, graphics, pictures, images, information, data, software, sound files, graphic files, all techniques, algorithms and processes within LUDUS and any other material or files and the selection and arrangement thereof (collectively, the “Company Materials“), are the exclusive proprietary property of Company or its licensors, and are protected by any and all applicable copyright and other intellectual property laws. We and/or our licensors own and retain all right (including all copyright and other intellectual property rights thereto), title and interest in and to the Services and the Company Materials. Except for the license granted by Company to you under these TOS, no right, title, ownership, interest, or license in or to the Services and the Company Materials, whether by implication, estoppel or otherwise, is granted, assigned or transferred to you under or in connection with these TOS. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO THE COMPANY. LUDUS, its logo, the Company’s name and any other product or Services name contained in the Services and/or the Company Materials are trademarks of Company or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. In addition, the look and feel of the Services and/or the Company Materials, including all page headers, custom graphics, button icons and scripts, are the services mark and/or trademark of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in LUDUS are the property of their respective owners. Without limiting any of the foregoing or hereunder, the Company’s or any of its affiliates’ products, technology and processes referred to or posted on the Services may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these TOS or by any other provision contained in the Services, and the Company and/or its affiliates reserves all such rights. If you provide the Company with any ideas, feedbacks, opinions, inputs, or suggestions concerning the Services (“Feedbacks”), you hereby irrevocably and unconditionally assign to the Company all right, title, and interest in and to any such Feedbacks and Company will be free to use such Feedbacks, without any compensation or attribution to you, for any purpose whatsoever. Intellectual Property InfringementWe are committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Therefore:Copyright ComplaintsIf you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement through email at email@example.com. The Company will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Company may terminate, in appropriate circumstances and at Company’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Modification, Limitation and Termination of the Services
You acknowledge and agree that Company, in its sole control and discretion, reserves the right, at any time and with no prior notice, temporarily or permanently, and without any liability whatsoever, to: (i) modify, edit, adapt or change the Service, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service, at any time for any reason or for no reason, with or without notice; and/or (ii) suspend or discontinue any and all aspects of the Service, at any time for any reason, with or without notice; and/or (iii) delete, or deactivate your account, block your IP address, or otherwise interfere, restrict, or terminate your access to parts or all of the Services immediately and without notice or liability to Company for any reason or for no reason. Company will not be liable, responsible, or otherwise legally accountable to you or to any third party for any such modification, interference, suspension, discontinuance or termination of your access to the Services. You agree that you will have no claim, complaint or demand against Company with regard to these matters. In addition, Company assumes no responsibility and will not be liable for network hardware or other technical failure that may affect or disable any user’s computer system which arises from the use of the Services. Upon termination of the Services as aforementioned or upon your disposal of LUDUS: (a) the license granted to you hereunder to use the Services will terminate; (b) you must immediately cease using the Services and destroy or erase all copies of the Application in your possession or control; (c) you agree not to download, copy, install or use the Application (including any subsequent version of LUDUS) or the Services or register for any new user accounts. Upon termination of your account, we shall make reasonable efforts to make User’s Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) caching of, copies of, or references to the User’s Content may not be immediately removed; (b) such removed User’s Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed User’s Content may be available (and stored on our servers) through the accounts of other users.
By using the Services, you acknowledge and agree that the Service may contain links to other websites or pages of third parties (“Linked Sites“), which may change from time to time. You also acknowledge and agree that such Linked Sites are independently owned and operated, and that their content is not controlled by Company. You also acknowledge and agree that Company is neither responsible nor liable for the content, accuracy, or opinions expressed and contained within Linked Sites nor for any loss or damage that you may incur by any materials contained within Linked Sites. Company does not monitor, investigate, nor check these Linked Sites for accuracy. Company makes no claims nor warrants the truthfulness, legitimacy, completeness, or validity of the materials contained in such Linked Sites. Inclusion of the Linked Sites does not imply approval or endorsement of the materials contained in Linked Sites by Company. Your use of these Linked Sites will always be at your own risk and responsibility.
Disclaimers of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES, INCLUDING OF THE APPLICATION AND/OR ANY CONTENT OR MATERIALS OR COMPANY MATERIALS ASSOCIATED THEREWITH OR CONTAINED IN OR ACCESSED THROUGH LUDUS (HEREINAFTER “LUDUS”), IS ENTIRELY AT YOUR OWN RISK, AND THAT LUDUS IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OR PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS DO NOT MAKE, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARISING BY LAW OR OTHERWISE, REGARDING LUDUS AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE LUDUS OR ANY OTHER PRODUCT OR SERVICES ASSOCIATED THEREWITH. COMPANY SHALL NOT BE LIABLE FOR ANY USER CONTENT UPLOADED TO LUDUS BY, INCLUDING AS RELATED TO THEIR CONTENT, AUTHENTICITY, ACCURACY OR RELIABILITY. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT: (I) THAT LUDUS WILL BE UNINTERRUPTED OR FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS; (II) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF LUDUS; (III) THAT LUDUS WILL MEET YOUR REQUIREMENTS; (IV) THAT LUDUS WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; (V) THAT ANY ERRORS IN LUDUS WILL BE CORRECTED; (VI) THAT LUDUS WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES; AND/OR (VII) THAT ANY CONTENT AND/OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS DIRECTORS, EMPLOYEES OR AGENTS OR COMPANY’S LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE LUDUS AND/OR THE CONTENT OR THE COMPANY MATERIALS CONTAINED IN OR ACCESSED THROUGH LUDUS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED THROUGH LUDUS OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO COMPANY FOR INSTALL, ACCESS TO OR USE OF LUDUS. THIS LIMITATION APPLIES, BUT IS NOT LIMITED TO ANYTHING RELATED TO LUDUS OR CONTENT OR MATERIALS MADE AVAILABLE THROUGH LUDUS.
You agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its subsidiaries, affiliates, owners, officers, agents, employees, partners and licensors, harmless from any losses, expenses, costs, claims, damages or demand (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation), arising from, incurred as a result of, or in any manner related to your breach of the terms of these TOS.
Advertisements and Promotions; Third-Party Products and Services
Company may run advertisements and promotions from third parties on the Service or may otherwise provide information about or links to third-party products or services on the Service. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on the Service.
Purchases, Payments, Refunds, Virtual Items
Governing Law; Jurisdiction
These TOS shall be governed by and construed in accordance with the laws of the State of Israel, unless otherwise required by any laws, regulations and/or directives which are applicable to your country of origin. You agree that any dispute, suit, action or proceeding arising out of or relating to or in connection with the Services or these TOS, shall be filed only to the exclusive jurisdiction of the Court of Tel-Aviv.
Modifications of the TOS
We reserve the right, at our discretion, to update or revise these TOS at any time. Any changes or modification will be effective immediately upon posting of the revisions on our website or our app. Your continued use of LUDUS following the posting of any changes to the TOS constitutes acceptance of those changes. Therefore, you should frequently review the TOS and applicable policies to understand the terms and conditions that apply to your use of LUDUS. If you do not agree to the amended terms, you must stop using LUDUS. SeverabilityThe provisions of these TOS are intended to be severable. If for any reason any provision of these TOS shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. OtherThese TOS are deemed accepted upon any use of any of the Services. These TOS constitute the entire agreement between you and the Company regarding the use of the Services. Ludus failure to exercise or enforce any right or provision of the TOS shall not operate as a waiver of such right or provision. The section titles in these TOS are for convenience only and have no legal or contractual effect. Reporting Potential IssuesIf you see something that you think may violate our guidelines, please help us by sending an email to the following address: firstname.lastname@example.org/ If you encounter content or a user that you believe violates the restrictions set forth above, please report it to our customer service department by sending an email to the following address: email@example.com/ After we are notified of a potential violation, we will review the content and may take action, at our sole discretion, including restricting access to the content, removing the offending content, and/or immediately limiting or terminating user’s account. Contact UsPlease feel free to direct any questions or concerns regarding LUDUS and/or these TOS by contacting us through email at firstname.lastname@example.org
Last Updated: July 2018