Last updated: 11 August 2022.
- If you have any further questions or comments regarding these terms, please feel free to contact Us via E-Mail at email@example.com. Babylon Park representatives are available for you for any request, response, question, or complaint.
3. Babylon Park App and Our Site
Babylon Park App
- The App: the App allows you to interconnect with the game machines in the stores and activate them, by scanning the QR code which is displayed on the physical machines through the camera of your mobile device, and also allows you to play online games through the App (such as "Champion of the Baskets", "Pinball", "Invaders From Space" etc.). You can download the App through the Site by sending a link to your mobile device, or through the Platform Providers (as this term is defined below).
- App sharing: the App may allow users to send their friends a link to download and register for the App. As long as this option takes effect, a user who referred his friend to register for the App via a link will be able to accumulate points and/or enjoy benefits as a result of registering for the App through this link, provided that the registration for the App was done using a unique code which was transmitted together with the link. You represent that you will send the aforementioned link only to people who have given you their express consent to receive notices encouraging the registration as club members and/or messages that may include commercial and advertising Content. We prohibit the use of third-party mailing lists and/or mailing lists created or purchased by you, even if the people included in those lists have expressly agreed to receive messages similar to the type of messages you intend to send them as part of the "share and earn" function available in the App. Moreover, you have to comply with Israeli "spam" laws and privacy laws. You are not authorized to use the App and the services provided thereto to send unwanted messages, in any manner and/or method.
- Payment: the use of the games involves payment in coins and diamonds that will be loaded on a Babylon Park card or the App Account (as defined below).
- Our Site provides general information about Us and about the App and contains ways to contact Babylon Park. The Site also has an online store where you can purchase prizes and packages of coins and diamonds used to pay for the App.
The Content on the Site and in the App
- The Site and App may contain Content, documents, text, files, logos, icons, images, videos, links, databases, technical data, knowledge, specifications, " look and feel ", algorithms, interfaces, GUI, interactive features, graphics and features, including such Content provided to Us by third-parties (the "Content").
- All rights in the Content are owned by Babylon Park and/or have been legally licensed to it.
Notifications, Alerts and Ratings
- The App may include push messages and text messages, which will be sent to you only after your active consent to receive such messages. You can turn off the option to receive push messages from Babylon Park by changing the settings on your mobile device.
- Notifications and alerts which may be sent to you, including, inter alia, the following Content: alerts regarding general activity, important alerts related to the user Account, security and privacy alerts. You may also be asked to rate the App, service and/or provide Feedback (as defined below) on the accuracy and usefulness of the App messages. This rating will be used by the Company to improve the service and adapt it to your needs.
- You can turn off the possibility of receiving advertisements that are not related to the essence of the service, by changing the settings on your mobile device, or by selecting the removal option found in these messages.
User Liability and Limitations of Babylon Park
- We at Babylon Park invest resources to provide you with the best service. In order to ensure that your use of the App is optimal as possible, We process your personal information and effort to secure your personal information. However, as with any other online service, there are certain risks when using the Site and the App, and therefore your use of the Site and/or the App, and your reliance on the Content presented to you as part of this use, is at your own risk, and We recommend that this use be made while exercising discretion, at all times.
- Our warranty is fully limited as set forth under section 12 below, and you are requested to read it carefully before using the Site or App, but We would like to bring to your attention, already at this stage, some of the main points:
- The Site, the App and the Content are provided to you "as is" (" as-is "). You agree and acknowledge that the use of the App and/or the Site and/or the Content (including third-party marketing Content that may be provided to you during your use of the app) is at your sole risk.
- Babylon Park, including its employees, suppliers, managers, subcontractors, related parties and third-parties, its licensors and affiliates (hereinafter: "Authorized Babylon Park Representatives"), has no responsibility for the consequences that may result from using the App on the Site and Content, including liability for services and/or the Site, for the provision of such or other services, for the speed and reliability of the services and/or for the results of their use. Babylon Park and/or the licensed Babylon Park representatives as aforesaid, will not be liable for any damage, including but not limited to, any damage resulting from your use of the App, Site, and Content or your reliance on any information provided within their framework.
4. Opening an Account
How To Open an Account?
- As part of opening the Account, you must provide Us with complete, accurate and correct information, and you hereby agree that you will not misrepresent your identity or any other details in your Account. It is clarified that using a bank Account or credit card that does not belong to you or providing incorrect information is strictly prohibited and constitutes an offense under the law. If We believe that setting up an Account using the identification information of another person, then you are exposing yourself to criminal and/or civil liability.
- Only individuals who meet the conditions of registration for the service listed in section 5. below, will be allowed to open an Account.
- You may not transfer and/or assign and/or delegate your rights and/or obligations without Our prior written consent.
- Babylon Park will not be liable for any damage caused to you for unauthorized access, hacking, or intrusion of the security system or for failure to store or steal, delete, corrupt, destroy, damage or loss of data or information (including concerning loss or damage caused as a result of use unauthorized on your mobile device), except as long as the Company has not taken the reasonable information security measures required by law.
- You must immediately report to Us any unauthorized use of your Account, including in connection with any security breach to the device from which you use the services.
Deleting the Account
- In order to delete your Account, you can contact Us via E-Mail to the address firstname.lastname@example.org. The Account will be canceled within a reasonable time after your request, and from the moment of cancellation, you will no longer be able to use the service.
5. Use of the App and the Site
6. Intellectual Property, Trademarks and Rights
Intellectual Property Rights
- The Site, the App and its Contents, as well as the proprietary assets of Babylon Park and all Intellectual Property rights relating thereto, including but not limited to, patents and patent Apps, trademarks and trademark Apps, trade names, reputations, copyrights, trade secrets, domain names, whether registered or registrable or not (hereinafter, collectively: "Intellectual Property") are owned and/or licensed by Babylon Park and protected by copyright and other Intellectual Property laws and by international conventions and agreements. Any right not expressly granted to you under this agreement shall be reserved by Babylon Park and its licensors.
- By provide Us with any Feedback, comment or suggestion regarding the App and/or the Site (hereinafter: "Feedback"), you hereby grant Babylon Park with an exclusive license, without royalties, permanent, global and irregular to combine the Feedback in all current or future Babylon Park products and/or Babylon Park services, without giving you any consideration. You acknowledge that the Feedback will be considered non-confidential information. You also declare that the Feedback is not subject to any license terms that may oblige Babylon Park to meet additional obligations in connection with its products and/or services that incorporate the Feedback.
7. Prohibited Uses
Your use on the Site and/or in the Content and/or in the App must be (1) conducted fairly and reasonably; (2) for pleasure purposes only.
Certain actions are prohibited when using the Site and/or the App. Please read these restrictions carefully. Failure to comply with these restrictions and prohibitions may terminate your use of the Site and/or the App, in Our sole discretion, and even expose you to civil and/or criminal liability.
9. Site Links and Third-Party Site Links
You are welcome to link to any page on the Site, however you may not link to the Site from a Site that is not yours or if you are not permitted to do so, and you will not declare any connection or approval by the Company for the services provided by you or describe Babylon Park falsely or offensively. Please note that the Site and the App include links that allow you to leave them and access Sites or services that are not of Babylon Park and are not under its control. Use of these Sites is at your own risk.
- We welcome linking to Our Site. You may create a hypertext link to the Site as long as the link does not expressly or implicitly state any connection or approval of your internet platform and/or products and/or services not provided by Babylon Park, and does not falsely or offensively describe the Company. You may not link to the Site from a Site that is not yours or that you do not have permission to use. In any case where you link to the Site, you declare that your Site does not contain Content that is illegal, infringes or infringes the rights of third-parties. However, We do not allow framing or in -line linking.
- Certain links that appear in the App and/or are displayed as part of the Babylon Park service, allow you to leave the App and enter Sites or services that are not of Babylon Park, are not under the control of Babylon Park and a link to them is provided for your convenience only; Babylon Park and/or the representatives of Babylon Park are not responsible for their availability, do not approve and are not responsible for them, including but not limited to, any advertisements, benefits, products or other information appearing on them or available through them or any link contained therein. In addition, Babylon Park and/or Authorized Babylon Park Representatives are not responsible for the privacy policies of the Sites or services of these third-parties, or other practices practiced by them. Your access, use and reliance on these services and your interactions with the said third-parties are at your own risk and expense.
We make efforts to ensure that the App is available to you continuously. However, Babylon Park is not responsible or warranted that the App and/or the Site will operate or be available at any time without interruption and defect, for example, due to interruptions in your internet connection and interruptions in hardware or software activity due to technical or other problems beyond Babylon Park's control.
- The availability and functionality of the App and/or the Site depends on many factors, including software, hardware, communication networks, service providers and contractors of Babylon Park or other third-parties (including those that provide cloud storage services, and more).
- We make reasonable efforts to ensure that the App and Site are available to you on an ongoing basis. At the same time, Babylon Park will not be responsible and does not guarantee that the Site and the App will operate and/or be available at all times without interruptions or malfunctions and that they will be without defects. You hereby agree that Babylon Park shall not be liable for the inability of the App and/or the Site to operate or be accessible, for any reason; including interruptions in internet activity or communication networks and interruptions in hardware or software activity due to technical or other problems beyond Babylon Park 'control (e.g., thwarting, force majeure, negligence of third-parties, etc.), and regarding direct, indirect or consequential losses and/or damages in this regard.
- Should the App be maintained in a manner that will affect its availability, Babylon Park may (but is not obligated to) notify you in advance.
11. Babylon Park's Liabilities
Babylon Park will keep your personal information confidential and will take the appropriate security measures and regulations in order to protect the said data and information. If you believe that you are being given inaccurate information or that your information is being maliciously used by a third-party, you can contact Us and We will assist you.
- We are aware that when using the App, you entrust Us with personal and sensitive information and undertake that all your data and information (including personal information) that come to Us due to your use of the App, will be kept confidential by Us and that We take relevant, acceptable and/or required security measures. In order to protect the said data and information and to protect it from exposure to any third-party, malicious use lawful copying.
- If you believe that information or data about you stored in the Babylon Park databases has been maliciously used, please contact Us as soon as possible by sending an E-Mail to email@example.com with adequate details about the event, and We will take measures to help you.
12. Removal of Liability and Limitation of Liability
The right to use the App and/or the Site and/or the Content is given to you as is (" as-is "), and this use is at your own and sole risk.
- Babylon Park and/or Authorized Babylon Park Representatives, do not guarantee (1) that the App and/or the Site and/or the Content are or will be safe to use, accurate, complete, without faults or interruptions, or free of viruses, defects, worms, components other pests or other software restrictions, (2) that they will correct any errors, glitches or defects in the App and/or the Site and/or the Content, and (3) that the use, inability to use or operate, or the results of the use of the App and/or the Site and/or the Content, including the results of using the Babylon Park service, will meet the user's requirements or expectations.
- Babylon Park and the Authorized Babylon Park Representatives are not responsible regarding (1) the use of the App and/or the Site and/or the Content; (2) the availability, reliability or quality of the App; (3) errors, bugs or defects in the App and/or the Site and/or the Content; and/or (4) the information displayed within the App and/or the Site.
- Babylon Park and/or Authorized Babylon Park Representatives will not be responsible for any outcome resulting from technical bugs (including but not limited to internet connectivity, line or server congestion, delays and related interruptions) resulting from internet providers and telecommunications providers. You agree that the use of the App and/or the Site and/or the Content is your sole responsibility.
- After closing the Account, Babylon Park will not bear any responsibility for information entered and/or collected during your use of the App and/or the Site. It is your sole responsibility to ensure that this information is backed up.
- If certain jurisdictions do not allow to contain the aforesaid exceptions or restrictions as aforesaid, the aforesaid exceptions or restrictions will not apply in full, but only to the maximum extent permitted by applicable law.
- Babylon Park will not be liable for any damage, including direct, bodily, consequential, special, punitive, indirect and/or random damage caused to you or third-parties due to your use of the App, directly or indirectly, including (but not limited to), personal injury, loss of income, profits, sales or any information, purchase costs of alternative products or services, disruption or business interruption and/or any loss or other business and commercial damage resulting from or related to the use of the App and/or the Site, in any cause of action (including contractual, tort or otherwise). The aforesaid limitation of liability shall also apply, inter alia, even if Babylon Park has been warned of the possibility that such damage may be caused.
- Without derogating from the above, Babylon Park's overall liability to you for any damages of any kind, will not exceed the actual price paid by you to Babylon Park in connection with Babylon Park services in the twelve (12) months preceding the alleged damage.
- You will need to protect Us and indemnify Babylon Park and the Babylon Park representatives authorized against and against any claim, claim, damage, loss, liability, liability, expense and debt (including, without limitation, attorneys' fees) of third-parties arising from: (a) in the App and/or the Site and/or the Content or due to the Terms; (b) your breach of these terms; (c) infringement of any right of a third-party, including but not limited to, Intellectual Property rights and the right to privacy; and (d) any damage of any kind, whether direct, indirect, special or consequential, that you have caused to a third-party in connection with your use of the App and/or the Site and/or the Content. It is hereby clarified that the aforesaid indemnification obligation will apply even after the termination of (1) your agreement with Babylon Park; (2) your Account; and/or (3) the Terms
- Without derogating from the generality of the above, We reserve the exclusive right to conduct the exclusive protection and control over any matter and proceeding related to indemnification on your part, in a manner that does not detract from your aforesaid duty, and requires you to fully cooperate with Us in conducting such proceeding. You acknowledge that you will not agree to a settlement in any matter subject to indemnification by you without Our prior written consent.
Limitation of Liability
Changes to the Babylon Park App and/or The Site
- Babylon Park may, from time to time, update, upgrade, improve and secure the App and/or the Site, delete any information or Content from the Babylon Park service or modify, correct, improve, and make other changes or stop providing or providing information, Content or features therein without giving any notice early and at its sole discretion and for any reason, with or without prior notice.
- Babylon Park will not be liable to you and/or any third-party when it modifies or downloads all or part of the Site and/or the App and/or the services. To the extent that you object to the changes made or will be made by Babylon Park, you are asked to refrain from making any use of the Site and/or the App and/or the services. Your use of the Site, the App and the services offered through them, after making the changes as aforesaid, will indicate your acceptance and consent to the changes.
- Babylon Park may, at any time, block and/or permanently or temporarily restrict your access to the App and/or the Site and/or block, cancel and/or restrict access to the Account at its sole discretion (in addition to any other remedy that may be available to the Company under any law) and for any reason without having to provide you with a justification or explanation.
- Please note that without prejudice to the foregoing, We may block or suspend your access to the Babylon Park Site, App and/or service if We believe, in Our sole discretion, that, inter alia, one (or more) of the following events occurred: (a ) there is a risk to security or privacy; (b) there is a threat to the security of Our network or Our servers; (c) the suspension was required to protect the rights, property or safety of Babylon Park, its users or the public; (d) a breach of these Terms (or any other provision appearing on the App and/or Site screens) or the provisions of the law; (e), harm or attempt to harm the proper conduct of the Site and/or the App and/or any third-party; (f) if, in Our sole discretion, it has been determined that you are acting as a potential offender (a user who has been notified of infringing activity more than twice); and/or (g) We are required by law.
- In, terminate Babylon Park service, temporarily or permanently, without giving any prior notice. You agree and warrant that Babylon Park will not be liable for any loss of information and/or damages arising out of or related to its decision to discontinue or suspend Babylon Park service activity. You agree and acknowledge that Babylon Park does not bear any responsibility concerning or in connection with the termination of Babylon Park service activity and/or any loss of data towards you or any other third-party.
- These conditions will remain in force until their completion as detailed in this document. Non-compliance with the Terms will terminate your use of the App and/or the Site. In the event of your inability to meet the Terms, Babylon Park may immediately, temporarily or permanently restrict, suspend or close your Account.
- Babylon Park may, in its sole discretion, change the Terms from time to time, and asks you to revisit this page as often as possible.
- Any change to the Terms will take effect on the last update of the Terms, immediately, without the need for prior notice, and your continued use of the service after the last updated date will constitute your consent for the changes to be binding on you.
- If We need to change the conditions in order to meet the legal requirements, these changes will take effect immediately or as required by law, without prior notice.
Blocking and Canceling the Service
14. Special Conditions Related to the Rules of Use of Third-Party Platform Providers
- Because you can download the App from a third-party platform, service provider or distributor ("Platform Providers"), your use of the App may be subject to the usage rules of those Platform Providers ("Providers Terms"). Please note that it is your responsibility to check what additional usage rules may apply to your and your family's use of the App.
- You hereby declare that you are not prevented from downloading and/or using the App under any law applicable to you or under the rules of use of the Platform Providers. Any download and/or use of the App by a restricted entity under the laws applicable to it or the rules of use from downloading and/or using the App is expressly prohibited.
- The following instructions will apply to any App you purchase from the itunes store (hereinafter - "Software Purchased In The Apple App Store "):
- You acknowledge and agree that (i) the license granted to use the Site and/or the App is a limited license to use the software purchased in the itunes store on a mobile device with an ios operating system owned or controlled by you or through access by other Accounts associated with your family sharing program. App Store terms of service, and (ii) this agreement is entered into solely between you and the Company, and not with Apple inc. ("Apple"), and that Apple has no responsibility for any Software Purchased In The Apple App Store or any Content included therein.
- You acknowledge that Apple has no obligation to provide any maintenance or support services related to software purchased from the Apple App Store. If Software Purchased In The Apple App Store does not meet the applicable warranty terms, you can notify Apple, and Apple will refund the purchase price you paid, if you paid, for software purchased in the Apple App Store. To the fullest extent permitted by applicable law, Apple will have no other liability with respect to software purchased from the Apple App Store and any claim, loss, liability, damage, costs or other expenses relating to non-compliance with the relevant warranty clauses will apply solely to the Terms and conditions the use and any law which applies to the Company as a provider of the App.
15. Special Conditions Relating to Third-Party Components
The App may use or include Third-Party Components subject to third-party open-source licenses, which you may use only subject to your compliance with the license terms applicable to those components.
- The App and/or the Site may use or include software, files and/or components subject to license terms, including third-party open-source licenses ("Third-Party Components"). You may use Third-Party Components as part of, or in connection with, the App and/or the Site, solely subject to your compliance with the applicable license terms and/or ancillary to the relevant Third-Party Components.
- If there is a conflict between the license terms of the third-party component and these terms, the license terms of the relevant third-party component will prevail, and this only in connection with the Third-Party Components.
- These Terms do not apply to all Third-Party Components that accompany and/or are included in the App and/or the Site and the Company removes any liability related thereto.
- You acknowledge that the Company does not create, own or license Third-Party Components, and the Company does not make any representations or warranties of any kind, express or implied, regarding the quality, capabilities, operation, performance or suitability of any third-party component. The App or any part of it (except for Third-Party Components included in it, as far as included) should not be considered "open source" software.
- A list of Third-Party Components whose license terms require certain notice of their use is available in the App.
16. General Legal Conditions
- Any claim in connection with or use of Babylon Park services and/or the App and/or the Site and/or the Content shall be governed by the laws of the state of Israel, and shall be construed in accordance with these laws (without giving effect to the rules of choice of international law set forth therein), nor shall it apply to the United Nations convention on the sale of goods.
- Any dispute arising out of or relating to your use of the App will be discussed in the competent courts of the Tel Aviv district, Israel, and you hereby agree to the unique and local jurisdiction of the courts of the Tel Aviv district. You agree to waive all protections regarding the lack of personal jurisdiction and inadequate forum, and agree that writs will be found in a manner permitted by applicable law and/or by a court decision. Notwithstanding the foregoing, Babylon Park may apply for restraining orders in any competent court.
- Any waiver by either party of any breach or omission under this Terms shall not be construed as a waiver of any breach or omission, whether earlier or later.
- Any section, sub-section or any other heading in these Terms is provided for convenience only, and does not define or clarify any section or provision contained in these terms.
- You acknowledge and agree that any cause of action that you may have, arising from your use of or relating to the App, will stand against you for one year (1) from the date of the incident. After this period, it is hereby agreed between the parties that the cause of action will become statute-barred.
- You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms to any third-party without Our prior written consent. We may assign or transfer Our obligations under these Terms without limitation and notice.
- The parties agree that any communication related to these Terms shall be via E-Mail (for this purpose, our E-Mail is detailed in section 17.), in Hebrew or English.
- You agree, without limitation, that a printed version of these Terms and any notice given electronically will be admissible evidence in judicial or administrative proceedings based on these terms, or in connection therewith, to the same extent and subject to the same terms as documents and other business records originally produced and stored in the printed version.
17. Contact us
- If you have any questions about these terms, please contact Us firstname.lastname@example.org.