Last Revised: August 14, 2014
TabTale Ltd. its subsidiaries and affiliates (“TabTale”, “Company” or “we”) welcome you (“User” or “you”) to our full featured interactive mobile device applications (the “App (s)” as further defined below). Users may use the Apps in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
The Apps are offered only to individuals who possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. Therefore, you hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the App in accordance with these Terms, and to fully perform your obligations hereunder. If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms.
- The Apps
TabTale offers various mobile applications (such as interactive e-books, games, and educational experiences) which are oriented for children under the age of thirteen (13) (“Kids Apps”) as well as certain mobile applications which are NOT targeted to children under the age of thirteen (13) that are distributed under the brand “Crazy Labs” (“Crazy Labs Apps”). “Kids Apps” and “Crazy Labs Apps” collectively referred to herein as the “Apps”. Note that the Apps may include local notifications that are sent to a User directly on his/her mobile device.
Certain of the Apps may permit in-app purchases, even if such Apps were downloaded for free. Such in-app purchases may not require the re-entry of credit card information as such in-app purchases will be made through an existing account with a third party distributor (for example, Apple’s App Store or Google Play Store ).Please note that the Apps may only be available for certain operating systems (such as iOS, Android, Windows OS, or Windows 8). The User may only download and use the Apps on a device running validly licensed copies of the operating systems on which the Apps were designed to operate. To be able to access and/or use the Apps, or any portion thereof, User must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.
Note: We may make some Apps available to you at no charge and others for a fee, as further described on our Apps detail pages. If such requested fees are not paid, it may result in the User not being able to access the Apps or certain parts thereof. In addition, you hereby acknowledge and agree that you may be charged for Internet and data usage charges made through use of the Apps, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time. TabTale will not be liable for any Internet and data usage charges which you may be charged by your respective third party internet and data usage service providers.
Certain features that are applicable only to the Crazy Labs Apps:
Please note that to the extent that you use the Kamcord Feature and/or the Everyplay Feature which may be available on Crazy Labs Apps, you acknowledge and agree that (a) the sharing and/or posting of the gameplay videos and audios may be enabled via social networks or third party platforms (as further detailed in sub-section 4 below); and (b) Kamcord or Everyplay (as applicable) has the right to distribute and otherwise fully commercialize and exploit gameplay videos and audios created using the capture functionality powered by Kamcord or Everyplay (as applicable).
- Log in with Facebook feature: Users who wish to, inter alia, post on their Facebook timeline their score in the Crazy Labs App and any other text, request from their friends on Facebook certain in-app features (such as extra “lives”), view their friends’ scores and achievements in the applicable Crazy Labs Apps and share their scores on some of the Crazy Labs Apps with their friends on Facebook, can use the feature “Log in with Facebook” which may be available in the Crazy Labs Apps.
- Game Center Features and Social Features: Our Crazy Lab Apps may enable using certain game center features which are operated by third party social networks or platforms (such as, Apple Game Center, Google Play Games, Amazon GameCircle) (the “Game Center Feature”). The Game Center Feature enables the User to engage in social game related activities, such as tracking the User achievements, comparing scores with other Users, etc. In addition our Crazy Lab Apps may include social sharing and posting features and other integrated tools which allows for social integration with certain third party social networks or third party platforms (for example the Facebook “Like” and “Share” buttons, sharing and posting gameplay via Twitter, Youtube, Facebook, Google+ and e-mail etc.) (“Social Features“).
- Push Notifications: TabTale may send push notifications, messages, alerts via various means of communication. You can deactivate the push notifications at any time by changing the notification settings in accordance with the instructions of the operating system running on your device.
- User Restrictions
There are certain conducts which are strictly prohibited when using the Apps. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may expose a User to civil and/or criminal liability.
You may not (and you may not permit any User or third party to): (a) use the Apps for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Apps and/or Content (as such term is defined below) for non-personal or commercial purposes without Company’s express prior written consent; (c) fail to pay any fees (to the extent applicable), if ,for example, your credit card was blocked or the use thereof was limited in any way; (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Apps and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Apps or the servers or networks that host the Apps, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Apps; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Apps; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made accessible by TabTale on or through the Apps, including any information, videos, text, graphics, software programs used by TabTale in connection with the Apps, materials, descriptions, data obtained from or through the Apps (collectively, the “Content”), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to TabTale’s proprietary rights, including TabTale’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms; (k) make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without TabTale’s prior written consent; (l) create a browser or border environment around TabTale Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Apps and/or Content; (n) frame or mirror any part of the Apps without TabTale’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Apps; (p) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) remove or disassociate, from the Content and/or the Apps any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); and/or (r) infringe and/or violate any of the Terms.
Subject to the terms hereof, TabTale hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use the App(s) on your authorized mobile telephone, device or tablet that you own or control (“Device”) solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law.
The Terms do not convey to you an interest in or to the Company Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to TabTale regarding the Apps (“Feedback”), TabTale shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorpórate the Feedback into any TabTale current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require TabTale to comply with any additional obligations with respect to any TabTale current or future products, technologies or services that incorporate any Feedback.
- Ownership; Copyright Protection
The Apps, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Apps) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Apps are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
Please note that the Company makes no warranties or representations concerning such advertisements, whether or not the Company has control over such advertisements. The Company, ad networks, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings from such advertisements. You agree, acknowledge and consent that you will not be entitled to any compensation with respect to such monetary amounts.
- Trademarks and Trade names
“TabTale” TabTale™, TabTale’s marks and logos and all other proprietary identifiers used by the Company in connection with the Apps (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Apps belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company 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.
- Links to Third Party Sites
- Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below in Section 21, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the Apps, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
- Special provisions relating to Third Party Components
The Apps may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Apps is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Apps and TabTale disclaims all liability related thereto. You acknowledge that TabTale is not the author, owner or licensor of any Third Party Components, and that TabTale makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Apps or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
The Apps’ availability and functionality depend on various factors, such as software, hardware and the Company’s services’ providers and contractors. The Company does not warrant or guarantee that the Apps will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
- Changes to the App
The Company reserves the right to modify, correct, amend, enhance , improve, make any other changes to, or discontinue, temporarily or permanently, the Apps (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Apps may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that TabTale shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Apps and/or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If TabTale supplies to you any updates, upgrades and any new versions of the App (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, TabTale has no obligation to provide Updates.
- Amendments to the Terms
- Disclaimer and Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APPS, THE CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND TABTALE AND ITS VENDORS (INCLUDING THE APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT: (I) THAT USE AND OPERATION OF THE APPS IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APPS, (III) THE APPS WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APPS AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE APPS (INCLUDING THAT THE RESULTS OF USING THE APPS WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APPS, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APPS, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APPS.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN TABTALE (INCLUDING WITHOUT LIMITATION ANY TECHNICAL FAILURES OR THE LACK OF AVAILABILITY OF ANY FEATURES AVAILABLE WITHIN OUR APPS WHICH ARE NOT UNDER OUR CONTROL).
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
THE DOWNLOAD AND USE OF THE APPS, ANY IN-APP PURCHASES AND/OR OTHER PURCHASE OF PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE APPS OR AS A RESULT OF AN ADVERTISEMENT DISPLAYED THROUGH THE APPS IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM.
YOU AGREE THAT USE OF THE APPS AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL TABTALE INCLUDING THE COVERED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APPS (INCLUDING ANY SERVICES MADE AVAILABLE THROUGH THE APPS), YOUR USE OR INABILITY TO USE THE APPS, OR FAILURE OF THE APPS TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT THE PERFORMANCE OR FAILURE OF TABTALE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF TABTALE OR ANY OF THE COVERED PARTIES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER REPAIR, REPLACEMENT OR A REFUND FOR THE APPS DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND REGARDLESS OF WHETHER ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, THIRD PARTY SITES AND/OR THIRD PARTY CONTENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, TABTALE, ITS VENDORS INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APPS OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO TABTALE FOR USE OF THE APPS OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COVERED PARTIES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless the Company, its vendors, including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of , inability to use and/or activities in connection with the Apps and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Apps. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
- Termination of these Terms and the Apps operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the App, your may terminate these Terms at any time by uninstalling our Apps and stopping your use thereof and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the App, delete and destroy all copies of the App in your possession or control and so certify to TabTale if required by it, and (iii) Sections 1, 3, 5 through 22, including this Section 18, will survive the termination of the Terms..
TabTale may at any time, at its discretion, cease the operation of the Apps or any part thereof, temporarily or permanently, delete any information from the Apps or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. You agree that TabTale does not assume any responsibility with respect to, or in connection with the termination of the App operation and loss of any data.
- Export and the Location of the User
The Apps are subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export the Apps into any country, or make available or use the Apps in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is 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) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Apps or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Apps will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, TabTale may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APPS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by TabTale, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
- Platform Provider Additional Terms
The following additional terms are required by applicable Platform Providers:
21.1 Apple Inc.
The following applies to you if you downloaded the Apps from the Apple App Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, (ii) these Terms are solely between you and TabTale, not Apple Inc. (“Apple”), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to TabTale as provider of the App.
TabTale and you acknowledge that TabTale, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, TabTale, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
21.2 Microsoft Corporation.
- The following applies to you if you downloaded the App from the Windows Store and/or purchased any in-App products offered within the Apps for purchase in the Windows Store (“Windows Store Sourced Software”): (i) you are permitted to download and run the Windows Store Sourced Software on up to eighty-one (81) personal Windows 8, Windows RT or successor devices that are associated with your Microsoft account, without payment of any additional fees to TabTale (from either Microsoft or you), and (ii) you acknowledge that Microsoft and your device manufacturer and network operator (if applicable) have no obligation whatsoever to furnish any support services with respect to the Windows Store Sourced Software.
- The following applies to you if you downloaded the App from the Windows Phone Store and/or purchased any in-App products offered within the Apps for purchase in the Windows Phone Store (“Windows Phone Store Sourced Software”): (i) you are permitted to download and run the Windows Phone Store Sourced Software on up to five (5) Windows Phone devices associated with your Microsoft account, without payment of any additional fees to TabTale (from either Microsoft or you), and (ii) you acknowledge that Microsoft and your device manufacturer and your wireless carrier (if applicable) have no obligation whatsoever to furnish any support services with respect to the Windows Store Sourced Software.
21.3 Samsung Electronics Co., Ltd, and Samsung Affiliated Companies
The following applies to you if you downloaded the App from the Samsung Apps website at apps.samsung.com (“Samsung Store”) (“Samsung Store Sourced Software”):
- You acknowledge that Samsung is (i) acting solely as a distributor in providing the Samsung Store Sourced Software to you, (ii) is not a party to these Terms, and (iii) is not responsible for the Samsung Store Sourced Software, the content and functionalities therein, or any warranties or claims you may have relating to or your use of the Samsung Store Sourced Software.
- Samsung Store Sourced Software may be downloaded any number of times and to a number of your devices, but in any case no more than ten (10) that are registered to your Samsung account, provided expressly that no more than one (1) copy is installed on a single device at any one time. You also acknowledge that: (a) Samsung may, in its sole discretion, set, reduce or change the number of your devices to which you can download the Samsung Store Sourced Software; (b) some Samsung Store Sourced Software, particularly Samsung Store Sourced Software that you purchase inside or through a Samsung Store Sourced Software, paid or unpaid, do not allow downloading to multiple devices; and (c) not all of your devices, regardless of whether it is the same platform or not, may qualify for multiple downloading.
- You understand that Samsung Store Sourced Software includes a security framework using technology that protects digital information (“Security Framework”). Your use of the Samsung Store Sourced Software is limited to certain usage rules established by such Security Framework.
21.4 Amazon Digital Services Inc.
The following applies to you if you downloaded the App from the Amazon Appstore for Android and associated software, services and purchases (“Amazon Appstore”) (“Amazon AppStore Sourced Software”):
- The Amazon AppStore Sourced Software can be used only on mobile devices that use the Android platform and meet certain other technical requirements which are described on or through Amazon AppStore Sourced Software detail pages.
- You may download additional copies of the Amazon AppStore Sourced Software to compatible Android devices that have been linked to the Amazon.com customer account that you used to buy the Amazon AppStore Sourced Software in accordance with Amazon’s rules and policies for the Amazon Appstore.
- Any information that TabTale collects from you or your device will not be subject to the Amazon.com Privacy Notice.
- You acknowledge and agree that Amazon is not a party to these Terms and that it has no responsibility or liability with respect to your use of the Amazon AppStore Sourced Software or any content or functionality in the Amazon AppStore Sourced Software.
- Third Party Components Subject To Open Source Licenses
All Third Party Components are copyrighted by their respective authors. Third Party Components licensed under open source licenses which may be linked to, interacted with, or used in connection with our Apps (“Open Source Component(s)”), are listed below and are hereby incorporated into these Terms by this reference. The following Open Source Components’ licensing obligations and/or notices are provided for your informational purposes in connection with the App:
cocos2d (licensed under the MIT license)
Copyright (c) 2010-2012 cocos2d-x.org, Copyright (c) 2008-2010 Ricardo Quesada, Copyright (c) 2011 Zynga Inc.
The license terms can be found at http://www.cocos2d-iphone.org/wiki/doku.php/license
cocos2dx (licensed under the MIT license)
Copyright (c) 2010-2012 cocos2d-x.org
The license terms can be found at http://www.cocos2d-x.org/projects/cocos2d-x/wiki/About_Us#4-License
cocos builder (licensed under the MIT license)
Copyright 2011 by Viktor Lidholt all rights reserved
The license terms can be found at http://cocosbuilder.com/
MKStoreKit (licensed under the MIT license)
Copyright (C) 2011-2020 by Steinlogic Consulting And Training Pte Ltd.
The license terms can be found at https://github.com/MugunthKumar/MKStoreKit
tinyxml (licensed under the zlib license)
Lee Thomason, Yves Berquin, Andrew Ellerton
(C) 2005-2013 Max Planck Institute for Neurological Research Cologne, Germany
The Zlib license terms can be found at http://www.nf.mpg.de/vinci3/doc/license-tinyxml.html
lua-5.2.1 (licensed under the MIT license)
Copyright © 1994–2013 Lua.org, PUC-Rio.
The license terms can be found at http://www.lua.org/license.html
boost (licensed under the Boost Software License, Version 1.0.)
Copyright Joe Coder 2004 – 2006.
The license terms can be found at http://www.boost.org/LICENSE_1_0.txt
Gmock (licensed under the BSD 3-Clause License)
Copyright 2008, Google Inc. All rights reserved.
The license terms can be found at http://code.google.com/p/googlemock/
Box2D (licensed under the Zlib license)
Copyright (c) 2006-2009 Erin Catto
The license terms can be found at http://box2d.org/about/
Curl (licensed under MIT/X derivate license)
Copyright (c) 1996 – 2013, Daniel Stenberg, email@example.com. All rights reserved.
The license terms can be found at: http://curl.haxx.se/docs/copyright.html
Chartboost unity plugin (licensed under the Apache License, Version 2.0)
Copyright (C) 2013 Google Inc.
The license terms can be found at: http://www.apache.org/licenses/LICENSE-2.0
Google play games unity plugin (licensed under the Apache License, Version 2.0)
Copyright (C) 2013 Google Inc.
The license terms can be found at: http://www.apache.org/licenses/LICENSE-2.0
Facebook unity plugin (licensed under the Apache License, Version 2.0)
Copyright 2010-present Facebook.
The license terms can be found at: http://www.apache.org/licenses/LICENSE-2.0
The Open Source Components included in the Apps are done so pursuant to each individual open source component license and subject to the disclaimers and limitations on liability set forth in each open source component license, which include in general that “THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.”
- Information, Support or Questions:
TabTale will make reasonable efforts to provide you with technical and product support for the Apps. For information, support or questions, please contact us at: firstname.lastname@example.org if by e-mail, or to TabTale at 24 Raoul Wallenberg, Tel Aviv, Israel, if by conventional mail.