Terms of service


These Terms of Use govern your use of the www.playmath.co.il website and/or any portals and/or addresses (included any services provided thereinafter) of the PlayMath domain owned by The Secrets of Numbers Ltd. (the “Website” and “Owner”, accordingly) and constitute a legally binding document between you and the Owner.

PLEASE do not download, install and/or otherwise make any use of the WEBSITE IF (A) YOU ARE A MINOR AND/OR OTHERWISE UNDER A STATUS LEGALLY PREVENTING YOU FROM TAKING ANY ACTIONS PERTAINING to the SIGN UP TO THE WEBSITE UNLESS your PARENT OR GUARDIAN IS PRESENT (B) YOU ARE AN INDIVIDUAL (NOT A CORPORATION), YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. OR (C) IN THE EVENT THAT YOU DO NOT AGREE TO BE FULLY AND LEGALLY BOUND BY THE THESE TERMS OF USE.

The PlayMath Website.

eneral Right to Use. The Owner hereby grants you with a non-assignable, limited right to make non-commercial use of the Website, including any applicable content, services, updates, enhancements, upgrades, developments and/or any other peripherals, on the Website, solely in accordance with the instructions of these Terms of Use. Specifically, you understand that the use of the Platform requires constant internet connection and it is your responsibility to obtain such connection and/or other equipment or ancillary services.

 

Conduct; Monitoring and Enforcement.

Conduct Policy. In order for you to fully enjoy the benefits provided by the Website, and allow other to do the same, you are kindly required to adhere to the PlayMath conduct policy (as updated from time-to-time), which is currently as follows (the “Conduct Policy”):

Under no circumstances shall you: (a) be subject to any restrictions or limitations which prevent or restrict you from using the Website (b) violate any copyright, intellectual property, patent, trademark laws and regulations; (c) publicly disparage, defame, or discredit PlayMath or any third party associated with the Website; (d) provide any unfair, bias and/or otherwise unreflective reviews of applicable content.

It is hereby clarified that you will be solely responsible for any breach of these Terms of Use (including without limitations, regarding your conduct and/or any materials used and/or otherwise transmitted by you).

Monitoring. The Owner may, but is not obligated to monitor analysis derived from your use of the Website and/or otherwise transmitted via the Website, inter-alia, in order to monitor user score, rank and Website performance compliance with the activity of the Website’s users, and their adherence to these Terms of Use (and specifically, the Conduct Policy).

Policy Enforcement. The Owner reserves the right (but shall have no obligation) to decide whether any content displayed and/or transmitted via the Platform complies with the requirements and policies described in these Terms of Use. As a result, the Owner may remove such content and/or terminate a user’s access to the Website at any time, without prior notice and at its sole discretion.

 

Third Party Websites.

The Website may link you, or otherwise provide content relating to, other websites on the internet, including websites’ links provided by third parties for promotional purposes via the Website (the “Third Party Websites”) which are outside of the Owner’s and Website control. Therefore, you acknowledge and understand that:

The Owner cannot guarantee such Third Party Websites to be free of any malicious software and available for secure browsing;

 

certain Third Party Websites may be subject to the laws of other countries, and such laws may not provide adequate protection regarding privacy rights, use and exposure of explicit materials, etc., which the Owner cannot monitor nor effect, and;

 

The content on these Third Party Websites is subject to change without notice to the Owner and/or the Website.

The Owner therefore cannot be responsible for, and accept no liability for, any information, material, content or opinion contained in any Third Party Websites and/or in any other platform, including any damage associated with such Third Party Websites.

Limited Liability and Warranties; Indemnification.

Limited Warranties. The Owner does not provide any warranty with respect the legality, validity, accuracy, completeness, safety, quality, or applicability of any information and/or content provided in any way, under the Website and/or under any links providing within the scope of the Website and/or any content exported from the Website, nor shall Owner be liable for any errors, down-time, unavailability (whether technical or location based) and/or other similar occasions regarding the Website.

 

Limited Liability.

ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL THE OWNER BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF THE WEBSITE EVEN IF THE OWNER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE OWNER LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING Negligence), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE right to use the Website, SUBJECT TO APPLICABLE LAW TO THE EXTENT PERMITTED BY APPLICABLE LAW (AND IF APPLICABLE LAW EXCLUDES SUCH LIMITATION OF LIABILITY, THEN THE OWNER’S LIABILITY SHALL NOT EXCEED THE MINIMUM SCOPE OF LIABILITY PERMITTED BY APPLICABLE LAW).

 

Indemnification. You shall indemnify, defend and hold harmless the Owner, its employees, representatives, agents and affiliates against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Website (including without limitations, and breach of these Terms of Use).

Intellectual Property.

Owner Materials.

The Owner is the developer, creator and/or the lawful licensee of all content related and/or otherwise associated with the Website (the “Owner Materials”), and therefore the Owner shall be the sole owner of the Owner Materials.

The Owner Materials shall include, but not limited to, text, videos, scripts, online documents, analyses, applications, source-code, object-code, applets, images, algorithms, syntax, platforms, UX, graphics, API, formulas, data analysis related to the Website, etc.

Restrictions of Use of PlayMath Materials.

None of the Owner Materials may be copied, reproduced, modified, leased, sold, distributed, downloaded, displayed, reverse-engineered, disassembled, decompiled, transmitted and/or used in any form or by any means without the prior written permission of the Owner. Additionally, you are restricted from attempting to derive the source code of, modify, or create derivative works of the Owner Materials.

Any unauthorized use of such Owner Materials may violate inter-alia copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

It is hereby clarified that you are not and will not be entitled to any rights related to Owner Material owned or used by the Owner, other than as expressly provided herein.

Licensing of User Materials. By using the Website and/or transmitting materials by the user (“User Materials”) via the Website, you hereby grant the Owner a worldwide, irrevocable, unlimited license to use such materials anonymously. If applicable law so requires, you hereby agree to waive any claim, demand and/or suit you may have with any alleged moral-rights you may have with respect to the User Materials by the Owner and/or anyone on its behalf.

Privacy Policy.

General. The Owner and the Website is sensitive to the privacy issues raised by use of the internet, and is committed to protecting your privacy utilizing customary data protection techniques. In order to enjoy and to have access and/or other having permission to use certain functions of the Website, you will be required to set up a personal user account (the “Account”), and provide certain information, as prompted by the Website’s instructions. The Website may provide you an option to “logon-via” connection (such as “Facebook”, “Google+”, “Twitter”, etc.) and by such logon method you are allowing the Website to obtain certain information from your such other account(s). You are not committed to provide the Website and/or any other person with any information which you do not wish to share with the Website. However, please note that certain information is required for the Account creation.

 

Personal Information. The Website may collect your private information with respect to the creation of the Account (including subsequent logins via the Account) and/or your use of the Website (the “Personal Information”) Personal Information may include your name, phone number, email address, birthday, birthplace, address, etc. However, the Website shall not share any of your Personal Information unless required to by (i) applicable law, judicial orders and/or other legal proceedings; (ii) actions regarding illegal activity and/or violations (or potential violations) of the Terms of Use.

 

Information Collection; Use of Information We Collect. The Website may collect, and further use (or otherwise archive) any information collected, within the scope of your use of the Website (“User Information”), for monitoring and statistical purposes; inter-alia, to retrieve scores and achievements of the User etc., in order to present the User’s parent and/or legal guardian with the User performance and progress within the scope of user usage of the Website. Any User Information shall not be shared with any third party, unless specifically authorized by the User’s parent and/or legal guardian upon Owner’s request.

 

IP Tracking and Location; Cookies. The Website may use IP addresses, location based information etc., to analyze trends, administer the Website, track users’ movement, and gather broad demographic information for aggregate use. Any Personal Information related to this data will not be used in any way different to that stated above without parent and/or legal guardian permission.

 

Notices; Contact Information.

 

Shall you encounter (a) any vulgar, illegal, racist or otherwise improper material, (b)any other activity which is not in accordance with the Website Conduct Policy, and (c) any of the aforesaid, regarding the Third Party websites, kindly inform us promptly at support@playmath.co.il and we will make our best efforts to examine and handle your claim.

 

Termination.

 

Termination by You. You may terminate your relationship with the Website at any time, terminating your Account by notifying the Website in accordance with the contact details specified under section 7.

 

Termination by the Owner.

 

The Owner may terminate its relationship with you while providing you with a notice to your email account (or any other available contact method).

 

The above notwithstanding, the Owner may terminate its relationship with you immediately, without any notice, in the event that in the Owner’s opinion you have breached any provisions of these Terms of Use and/or applicable law.

 

Log and Data Retention.

 

The Website shall not be obligated to keep any information provided by you once your relationship with Website is terminated, by either the Owner or yourself. In such event, the Website shall not make use of your Personal Information (and shall delete it if so requested by you – by providing the Website with a written request in accordance with the contact information stated under section 7), but shall reserve the right to make use of your non Personal Information for the purposes stated under these Terms of Use.

 

Binding Agreement; Governing Law; Venue.

 

These Terms of Use constitute a binding agreement between the Website and you, and will be governed by the laws of the State of Israel.

 

The competent courts of Tel-Aviv, Israel, shall have the sole and exclusive jurisdiction with respect to any dispute that may arise.

 

Revised Terms.

 

The Website may revise and amend these Terms of Use at any time. You are responsible for reviewing this page from time to time to ensure compliance.