Last updated: 13 April 2023.
Thank you for choosing to use the [Babylon Park Ltd.] Site and App (hereinafter: "Babylon Park", the "Company ", "We", "Our" or "Us").
Table of Contents
Age. By accessing, installing, downloading or using the Babylon Services, you confirm that you are at least as old as the age specified here for the country in which you reside and that you have read, understand and agree to be bound by these Terms. If you are younger than the age indicated in the link provided in the prior sentence, please have your parent or legal guardian read these terms with you. If you are a parent or legal guardian, and you allow your child to use the Babylon Services, then these Terms apply to you and you are responsible for your child’s activity on the Babylon Services.
With respect to the online games, any disconnection from the game for any reason (whether due to problems with internet connectivity, turning off the device, etc.) will automatically remove you from the disconnected game, and as a result, you will automatically lose that particular game and any coins you may have used to play the particular game.
- Questions. 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.
2. Babylon Park App
The App. When you are physically present at one of our amusement parks, the App allows you to connect with the game machines in such parks and activate them by scanning the QR code displayed on the physical machines through the camera of your mobile device. It also allows you to play certain online games that are not physically located in the parks (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). In order to use the App, user is required to create an Account (as defined below).
3. Creating an Account
Creating an Account.In order to open an Account you are required to provide us with your name, email address and phone, or otherwise to connect through your Google or Apple account. When creating an Account, you must provide us with complete, accurate and correct information.
You are able to pick a username, which can be your real or nickname, at your choice. We will check all such usernames to ensure appropriateness.
Babylon Park is entitled, in its sole discretion, to prevent you from opening an Account or using the Babylon Services where a reasonable suspicion arises that you have committed an illegal act, violated the law or these Terms, or have committed an act that could harm Babylon Park or anyone on its behalf or the proper operation of the Babylon Services or any third-party. Babylon Park will not be liable in any way for blocking, discontinuing or restricting the use of the Babylon Services.
[Your password is not saved on our databases. If you have signed in using your Google credentials you should review Google’s policies regarding its storage of your password.
4. Tickets and Refunds
Refunds. Please note that Babylon internal currency have no cash value and cannot be transferred to other users or redeemed for cash. Therefore, users cannot receive a monetary refund for unused Babylon internal currency purchased from Babylon Park. All purchases made using the Babylon Services, including Babylon internal currency, are final and non-refundable. In the event of any purchase disputes, users should contact Babylon Park's support team using the contact information provided in these Terms.
5. Notifications, Alerts and Ratings
The App may include push messages, text messages, notifications and alerts regarding your general activity, recommendations, advertisements, your user Account, security and privacy alerts, 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 of your Account within the App and on your mobile device. You can turn off the possibility of receiving advertisements that are not related to the essence of the Babylon Services by changing the settings on your mobile device, or by selecting the removal option found in these messages.
6. Deleting an Account
In order to delete your Account, you can click on the ‘Delete Account’ button within the setting of your Account on the App, or contact us via E-Mail at firstname.lastname@example.org. The Account will be canceled within a short period after your request, and from the moment of cancellation, you will no longer be able to use the service.
7. Prohibited Uses
Your use of the Babylon Services or the Content must be conducted fairly and reasonably and for your personal entertainment only. You may not (and may not permit any third-party), unless expressly permitted by these Terms:
use the Babylon Services or the Content for any inappropriate, illegal or immoral purpose, or that is offensive, harmful, unauthorized or prohibited;
use the Babylon Services or the Content for commercial or non-private purposes;
remove or separate from the Content or the Babylon Services any restrictions and marks indicating the proprietary rights of Babylon Park or its licensors, including all proprietary notices appearing therein (such as ©, tm or ®);
violate and/or infringe on users' rights to privacy and other rights, or collect personally identifiable information about users without their express consent, whether manually or through the use of any robot, spider, any search or retrieval App, or use of means, process or method other manual or automatic in order to enter the Babylon Services and retrieve, collect or pump information;
impair, impede or disrupt the operation of the Babylon Services or servers hosting the Babylon Services, or violate any law, regulation, requirement, procedure or policy of such servers;
make false statements or misrepresent your relationship with any person or entity, or expressly or implicitly state that Babylon Park is affiliated with you in any way, sponsors, supports you, your site or app, your business or statements, or presents false or inaccurate information about the Babylon Services or Babylon Park;
perform any action that creates or may create a large and unreasonable load on the Babylon Services infrastructure;
perform any action that creates or may create a large and unreasonable load on the Babylon Services infrastructure;
circumvent the means used by Babylon Park to prevent or restrict access to the Babylon Services , including means designed to prevent unauthorized use of such services
copy, correct, modify, adapt, deliver, make accessible , translate, refer to, reverse engineer, convert binary code to open source, decompile, or separate any part of the Content or the Babylon Services or present to the public, create derivative works , make, distribute or make similar use of the Content;
copy, distribute, display, process, sublicense, make any commercial use, sell, rent, transfer, lend, collect, translate, combine with any other software any material subject to the proprietary rights of Babylon Park, by any means;
make any use of the Content on any other Babylon services or computer network without the prior written consent of Babylon Park;
create a browser environment, frame , create a copy or perform in -line linking to any part of the Babylon Services or the Content;
sell, license, or exploit for any commercial purpose any use or access to the Babylon Services;
create a database by systematically downloading and storing all or part of the Content; or
transmit or make accessible in any other way, in connection with the Babylon Services or the Content, any virus, "worm", trojan horse, bug, spyware, malware , or any other computer code, file or software that may be harmful, or intended harm the activity of any hardware, software, communication equipment, code or component.
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.
It is your responsibility to take all necessary measures to maintain the confidentiality of the mobile phone from which you use the App, and to ensure that no one who is not authorized to view the information on your mobile phone or who is not authorized to use the App will have access to viewing or using the App or the data stored in it.
Babylon Park will not be liable for any damage caused to you for unauthorized access, hacking, or intrusion of the security system.
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 Babylon Services.
If you believe that information or data about you stored in the Babylon Park databases has been wrongfully used, or that your Account has been hacked or misused, 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 endeavor to help you.
9. Site Links and Third-Party Site Links
Certain links that appear in the Babylon Services allow you to leave and enter sites that are not owned or controlled by Babylon. They are provided for your convenience only; Babylon Park is not responsible for their availability and is not responsible for them, including, any advertisements, benefits, products or other information appearing on or available through them. Your access, use and reliance on these services and your interactions with such sites or services is at your own risk and expense.
10. Intellectual Property
The Babylon Services, as well as any other proprietary assets of Babylon Park, including but not limited to, patents and patent applications, trademarks and trademark applications, trade names, copyrights, trade secrets, domain names, whether registered or registrable or not (hereinafter, collectively: "Intellectual Property") are owned 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 is reserved by Babylon Park and its licensors.
The Babylon Services may contain content, documents, text, files, logos, icons, images, videos, links, databases, technical data, knowledge, specifications, "look and feel" interfaces, GUI, interactive features, graphics and features, including content provided to Us by third-parties (the "Content"). All rights in the Content are owned by Babylon Park or have been legally licensed to it.
Subject to these Terms, Babylon Park grants you a limited, personal, non-transferable, and license to use the Babylon Services and Content for your non-commercial enjoyment. No provision of the Terms constitutes a waiver of the Intellectual Property of Babylon Park under any law.
The Babylon Park marks, logos and other proprietary identifiers used by Babylon Park in connection with the Babylon Services ("Babylon Park Trademarks") are all trademarks and/or marks of Babylon Park, whether or not registered. All other trademarks, trade names, other identifying marks and other trademarks (including this or that logo) that may appear on the Babylon Services belong to their owners ("Trademarks of Third-Parties"). Trademarks of Third-Parties (if any) are provided within the framework of the Babylon Services for the purposes of presentation, description and identification only. No right, license or property is hereby granted in the Babylon Park Trademarks or in the Trademarks of Third-Parties, and you must therefore refrain from any use of these marks.
By providing Us with any feedback, comment or suggestion regarding the Babylon Services (hereinafter: "Feedback"), you hereby grant Babylon Park with an exclusive license to combine the Feedback in all current or future Babylon Park products and Babylon 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 or services that incorporate the Feedback.
The Babylon Services and the Content are provided to you "as is" and on "as available" basis. You agree and acknowledge that use is at your sole risk and responsibility. Babylon Park, including its employees, officers, suppliers, managers, consultants, contractors, related parties, third-parties, licensors and affiliates (hereinafter: "Babylon Park Representatives"), has no responsibility for the consequences that may result from using the Babylon Services or any Content, including liability for services or the Site, for the speed and reliability of the services or for the results of their use, for ownership or non-infringement or general liability for commercial quality or suitability for a particular purpose, characteristics, function or accuracy and liability arising from the normal course of business.
Babylon Park and Babylon Representatives:
do not guarantee (1) that the Babylon Services 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 Babylon Services or the Content, and (3) that the use, inability to use or operate, or the results of the use of the Babylon Services or the Content, including the results of using the Babylon Park service, will meet the user's requirements or expectations.
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 Babylon Services or the Content is your sole responsibility.
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.
12. Limitation of Liability
Neither Babylon Park nor any Babylon Representative will be liable for any damage, including direct, bodily, consequential, special, punitive, indirect or random damage caused to you or third-parties due to your use of the Babylon Services, 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 or any loss or other business and commercial damage resulting from or related to the use of such services , 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 one (1) month preceding the alleged damage.
You will protect us and indemnify Babylon Park and the Babylon Park Representatives against and against any claim, claim, damage, loss, liability, liability, expense and debt (including, without limitation, attorneys' fees) of third-parties arising from: (a) your use of the Babylon Services or the Content in contravention to these Terms; (b) your breach of these Terms; and (c) 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 Babylon Services 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 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.
Babylon Park may, from time to time, update, upgrade, improve and secure the Babylon Services, delete any information or Content or modify, correct, improve, and make other changes or stop providing information, Content or features therein without giving any notice and at its sole discretion.
Babylon Park will not be liable when it modifies or deletes all or part of the Babylon Services. Your continued use of the Babylon Services will indicate your acceptance and consent to any changes we may make.
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective five (5) days following posting of the revised Terms on the Babylon Services, and your continued use of the Babylon Services thereafter means that you accept those changes. Babylon Park will make reasonable efforts to notify you of any material change in the Terms, by notifying with a banner within the Babylon Services or by sending an E-Mail to the E-Mail address through which you register for such services. 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.
15. Blocking and Canceling the Service
Babylon Park may, at any time, block or permanently or temporarily restrict your access to the Babylon Services, or block, cancel or restrict access to your Account, at its sole discretion (in addition to any other remedy that may be available to the Babylon Park under applicable law) and for any reason without having to provide you with a justification or explanation.
Sithout prejudice to the foregoing, we may block or suspend your access to the Babylon Services if we believe, in our sole discretion, that 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 Babylon Services) or applicable law; (e), harm or attempt to harm the proper conduct of the Babylon Services or the services of any third-party; (f) if, in our sole discretion, it has been determined that you are engaged in infringing activity; or (g) we are required by law.
You agree and warrant that Babylon Park will not be liable for any loss of information 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 any loss of data towards you or any other third-party.
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.
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 Babylon Services 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. This agreement is entered into solely between you and the Company, and not with Apple inc. ("Apple"), and 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 or downloaded from the Apple App Store.
17. 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.
18. General Legal Conditions
These Terms exhaust the full understanding and terms agreed between you and Babylon Park regarding the issues set forth in these terms, and they supersede any other agreements, prior or valid, in writing or orally, between you and Babylon Park;
Any claim in connection with or use of Babylon Services 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.
These Terms do not create and will not be construed as creating a partnership, relationship, a joint venture, an employee-employer relationship, a mission relationship or a franchisee-recipient relationship between the parties.
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 19), 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.