TERMS OF USE

These terms of use, as modified from time to time, specify the terms and conditions for access to and use of the GameTanium™ games on-demand service (the "Service"), operated by Exent Technologies ltd. ("Exent"), any content provided by Exent or its third party licensors or suppliers and accessible through the service, including without limitation games (as defined herein), images, photographs, animations, video, audio, music and text in any format and including any documentation and associated materials in connection therewith (collectively "Content"), and the GameTanium™ application, which enables access to and use of the service and the content (the "Application" or "Service Application").

These terms of use, as may be amended from time to time (with or without notice to you), are important – before downloading, installing and/or using the service, the application and/or any content, please carefully read all of the provisions set forth herein, and later check them periodically. Revisions of these terms of use will be posted on the website of the service, which is located here (the "Service Website") and shall be effective on the date noted in the posting. You are requested to visit the service website periodically to review any such revisions. Your continued use of the service after revisions shall constitute your acceptance and agreement to abide by these terms of use as revised from time to time.

These terms of use are a legal agreement between you ("You","Your", "User") and Exent. By clicking on the button labeled "Submit", "Download", "I Accept", "I Agree", "Open", "Save" or any other similar labeling as may be designated by Exent, and/or by downloading, installing and/or using the service, the application and/or any content, you acknowledge, and unequivocally agree and undertake, without limitation, to be bound by, all of the terms and conditions contained herein, as amended from time to time, which are deemed to include all of such other additional or alternative terms, conditions, rules and policies which are displayed in, or to which you may be directed from, the service, the application and/or any software, as may be modified by Exent or by the relevant service provider from time to time. If you do not agree to any of the terms and conditions contained in these terms of use, do not download, install and/or use the service, the application and/or any content, and please click on the button labeled "I Do Not Agree" or any other similar labeling.

  1. DESCRIPTION AND NATURE OF THE SERVICE

    The Service is a games on-demand service for Android™ operated mobile devices (“Mobile Device”). The Service enables You, subject to these Terms of Use, after You download and install the Application on Your Mobile Device, to access and use Content, which comprises digital games provided by Exent’s third party licensors (each a "Game", and collectively the "Games" or "Games Catalogue"). Exent shall have no obligation to maintain any Content in the Service.

    Your use of the Application is subject to the End User License Agreement between You and Exent, applicable to the Application, which can be found here ("Application EULA"). For avoidance of doubt, You understand and acknowledge that the Application EULA is an integral part of these Terms of Use, and that by accepting these Terms of Use You also agree to be bound by the terms and conditions of the Application EULA.

    Once the Application is installed on Your Mobile Device, You can download a Game to your Mobile Device to play it throughout the Service subscription period.

    It is Your responsibility to ensure that You have the appropriate software, hardware and Internet connection to operate and accommodate the Service, the Application and the Content (including any upgraded version thereof). Exent reserves the right to cease supporting any hardware or software platform at any time, with or without notice.

    To download the Application, any Game and/or any other Content, You have to be connected to the Internet. You acknowledge that Exent is not and will not be responsible for any charges incurred with relation to connection to, and use of, the Internet.

    Your continued use of the Service requires that You occasionally connect to the Internet from the Mobile Device in which You installed the Application in accordance with these Terms of Use, for the purpose of verifying and authenticating the validity of Your license to use the Service. A notice to that effect may appear on Your Mobile Device when trying to access and/or use the Service and/or Content, and in such case Your access to and use of the Service and the Content will be suspended until such connection is achieved and Your license is successfully authenticated.

    You acknowledge that Exent may, from time to time, issue upgraded versions of the Service, Application and Content, and may automatically electronically upgrade the version of the Service and/or the Application that You are using with relation to Your subscription, with or without notice to You. These Terms of Use will govern all such upgraded versions.

    You acknowledge that Exent may, from time to time, modify in any way any of the components and/or aspects of the Service, for any reason or for no reason at all, per Exent's sole discretion, with or without notice to You, and that Exent shall not be liable in any way for any loss or damage incurred with relation to such modification. These Terms of Use will govern all such modified versions of the components and/or aspects of the Service.

    You acknowledge that the list of Games in the Games Catalogue may, from time to time, be modified (whether increased or decreased), with or without notice to You.

    Please note that the Service may be unavailable in certain areas (either completely or may function at speeds which do not allow proper use thereof). The availability and speed of the Service will vary based on, among other factors, network or Internet congestion, Your Mobile Device’s configuration and other factors beyond Exent’s control.

  2. THIRD PARTY SERVICE PROVIDERS

    By using the Service, You acknowledge and agree that Exent may occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and providing billing and collection services. In particular, Exent uses the services of Plimus, Inc or Cybersource Corporation. independent payment processing service providers to provide certain billing and transaction processing services for the Services. We will only provide these companies the information reasonably required to perform the applicable service, and our contracts with these companies will prohibit their use of that information for any other purpose.However, since we do not control the actions of our third party vendors who provide the services described above, we therefore cannot assume responsibility for their actions beyond taking reasonable contract and due diligence measures in contracting for their services.

  3. PRIVACY

    For information on how information related to You and to Your account to the Service is collected and used by Exent in relation to the Service, please see our Privacy Policy located here (the "Privacy Policy").

  4. REGISTRATION AND ACCOUNTS

    You warrant that You are eighteen (18) years of age or older and that You have the legal authority to enter into this Agreement.

    You acknowledge that the Service may allow access to information and Content which is sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that Exent is not responsible for access by You or any other users to objectionable or offensive content.Exent strongly recommends the use of commercially available content filtering or parental control software.

    You are responsible for all use of the Service under and in relation to Your account, whether by You or anyone using Your account with or without Your permission, and to pay for all activity associated with Your account.

    The Service and any Content are provided to individuals for personal use only. Any commercial use of the Service and/or any Content (including also activities, whether commercial or non-commercial, that constitute such use), such as (but not limited to) resale of the Service and/or Content, is expressly prohibited.

    Any and all information provided by You with relation to the registration process required to subscribe to the Service, must be accurate, complete and current. You must immediately update such information in the event that it is changed at any time during the subscription period.

    You shall be responsible for maintaining the confidentiality of any passwords and/or other account identifiers which You choose, or which are assigned, with relation to Your subscription to the Service, and for restricting access to the Mobile Device unto which You installed the Application and/or Content.

    In order to provide You easy access to Your account for the Service, Exent may place a "cookie" on your Mobile Device or use any similar technology that will enable Exent and/or other relevant third party service providers to recognise You as the account holder and provide You with direct access to Your account without requiring You to retype any password or other user identification.

    Exent shall also store (securely) Your login credentials for the Service and/or the Application, to periodically perform automatic license and account validation.

  5. CHILDREN UNDER THE AGE OF 13 NOT AUTHORIZED TO USE OUR SERVICE

    We care about protecting the privacy of children. Children should always get permission from their parents before sending any information about themselves (such as their names, e-mail addresses, and phone numbers) over the Internet, to Us or to anyone else. We encourage parents to become involved in Your children's online experience, and to share Your interest in our Service with Your young ones. If You are under 13, please do not register with our Service or provide Us with any personal information (such as Your name, Your e-mail address or Your phone number).

    We will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws. If You believe that Your child under 13 has gained access to the Service without your permission, please contact Us at GameTanium@exent.com. We have taken commercially reasonable steps to restrict use of the Service to those who are at least 13 years old. We do not market products or services for purchase by children under 13.

  6. RESTRICTIONS ON USE

    You may not modify the Service, the Application, any Content and/or any component or software related thereto in any manner or form, nor use modified versions thereof, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You may not access the Service, the Application or any Content by any means other than as authorized in these Terms of Use.

    You may not request and/or allow any third party to perform anything with relation to the Service, the Application and/or any Content, which is prohibited under these Terms of Use.

    With relation to Your subscription to the Service, to Your use thereof and to Your engagement with Exent and with third party service providers pursuant to these Terms of Use, You shall comply with all the provisions contained in these Terms of Use (which include any relevant third party's applicable terms and conditions) and with any and all applicable laws.

    You acknowledge that Your full and strict compliance with all of the terms and conditions contained in these Terms of Use (which include any relevant third party's applicable terms and conditions) is material and fundamental, and that Exent's consent to allow You to subscribe to, and to use, the Service, the Application and any Content, is in full reliance on Your firm commitment to fully and strictly comply with all of said terms and conditions (which consent would not be provided had such commitment on Your behalf not been made).

    You shall at all times exclusively be responsible for any and all acts and/or omissions that occur under Your subscription account, including (without limitation) for unauthorized use of the Service, Application and/or Content, and You acknowledge that in no event shall Exent be liable in any way for any loss and/or damage incurred as a result of, or in connection with, any act and/or omission that occurs under Your subscription account. You must notify Exent immediately if You become aware of unauthorized use of the Service, Application and/any or Content under Your subscription account.

    With relation to the access granted to You to access the Service and any component thereof, and/or to Your use thereof, You shall not perform, whether directly or indirectly, any of the following:

    1. post, publish, transmit, link to, or otherwise distribute:
      1. any information constituting, or encouraging conduct that would constitute, a criminal offense or civil liability;
      2. any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
      3. any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
      4. any information, software or other material obtained through the Service, or any derivative work thereof, which is protected by copyright, or any other intellectual property right - without obtaining permission of the copyright owner or right holder;
    2. use the Service in a manner which is contrary to law or which may restrict or inhibit any other user from using or enjoying the Service;
    3. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of any other, including (without limitation) rights relating to privacy and/or publicity;
    4. impersonate, or falsely represent Your association with, any person, including (without limitation) any representative of Exent or relevant third party service provider;
    5. use, reproduce, sell, resell or otherwise exploit the Service for any commercial purpose.
  7. THIRD PARTY APPLICATIONS

    With relation to the Service, Exent may grant You rights to use Games, other Content and/or other software, components and applications that are owned by Exent’s third party licensors, providers and suppliers ("Third Party Application"). Exent is not, and shall under no circumstance be, liable for the content and/or performance of any Third Party Application.

    You may use any and all Third Party Applications only in connection with the Service and for no other purpose.

    Exent reserves the right periodically to update, upgrade or change any Third Party Application remotely or otherwise and, for such purpose, to make related changes to the settings and software on Your Mobile Device Your consent to such changes and access will be sought in each instance. In order to continue use of the Service, You must permit such changes and access to Your Mobile Device.

    Certain Third Party Applications are accompanied by, and subject to, the end user license agreement of their manufacturer and/or publisher, which can be found here (each a "Third Party EULA"). Your use of any such Third Party Application is governed by the terms of the relevant Third Party EULA, in addition to being governed by these Terms of Use and Application EULA. By downloading, installing and/or using a Third Party Application, You acknowledge, and nequivocally agree and undertake, without limitation, to be bound by not only the terms and conditions contained in these Terms of Use and Application EULA but also those contained in the relevant Third Party EULA, as amended from time to time. For a Third Party Application not accompanied by a Third Party EULA, You are hereby granted a revocable, non-exclusive, non-transferable license by Exent or its applicable third party licensor to use the Third Party Application in accordance with and subject to these Terms of Use.

    Any Third Party Application and any part thereof, is the proprietary product of Exent or its licensors and is protected by copyright laws and international copyright treaties, as well as other U.S. and international laws. You shall not (and shall not permit any third party) to: (a) copy all or any portion of the Third Party Application; (b) remove any product identification, copyright, trademark or other proprietary notice or disclaimer from the Third Party Application; (c) disclose, distribute or otherwise make available the Third Party Application to any other party; (d) rent, lease, loan, sublicense, sell, assign or otherwise transfer the Third Party Application; (e) use a previous version or copy of the Third Party Application after You have received an upgraded version as a replacement of the prior version; (f) modify, adapt, translate or attempt to hack any communication initiated by the Third Party Application or to defeat or overcome any encryption and/or other technical protection methods implemented by Exent or its third party licensors with respect to the Third Party Application and/or any data or file transmitted, processed or stored on or through the Third Party Application; (g) reverse engineer, de-compile, disassemble, alter, duplicate, modify, make copies of, create derivative works from, distribute or provide others with, the Third Party Application in whole or part, or otherwise transmit the Third Party Application over a network; (h) through the use of any third party software application or otherwise, alter or modify the values stored by the Third Party Application in Your computer’s memory, on Your Mobile Device’s hard disk, or in Your Mobile Device 's registry, or, with the exception of completely uninstalling the Third Party Application, otherwise modify, alter or block the functioning of the Third Party Application, (i) use automated means, including scripts, batch files, emulators or any other means, to control the operation of the Third Party Application.

    You are not granted any title or rights of ownership in the Third Party Application. You acknowledge that Exent or its third party licensors continue to own all right, title and interest, including, but not limited to, all copyright, patent, trademark, trade secret, and moral rights, to the Third Party Application and related documentation, as well as any corrections, updates and upgrades to it.

    Your license to use the Third Party Application will remain in effect until terminated by Exent or its third party licensors, or until Your Service account is terminated. Upon termination of Your Service account, You must cease all use of, and immediately delete, the Third Party Application from Your Mobile Device.

  8. PRICING, BILLING AND PAYMENT

    In consideration for the right to access the Service and play Games and/or other Content, You agree to pay Exent the required periodic subscription fee, plus applicable taxes (such as Value Added Tax) (the "Subscription Fee").

    You also agree to pay any additional charges or fees applied to your account due to insufficient credit or insufficient funds, including interest and charges.

    Exent usually offers the Service under a month-to-month subscription plan, but may occasionally offer other plans as well.

    Exent reserves the right to increase the Subscription Fee. Such Increase shall be effective thirty (30) days after Exent provides notice to You.

    Automatic Monthly Recurring Billing. Upon your purchase of a subscription to the Service, Exent or its payment processing agent will bill your credit card for the Subscription Fee in advance, on a monthly basis (or in the beginning of any other subscription period Exent may offer You). Billing will begin upon submission of Your order, unless otherwise noted. At the beginning of each subsequenty service month (or any other subscription period Exent may offer You), your credit card will be charged automatically for the Subscription Fee unless You terminate Your account for the Service prior to completion of the then-current service month (or the applicable subscription period). By subscribing for any subscription under the Service, You acknowledge and accept these payment terms.

    Exent may, at its sole discretion, waive any fees or charges, grant You the right to access and use the Service for a free trial period, or allow you to take advantage of other promotions or special price offerings.

    Exent may discontinue or suspend Your subscription to the Service without notice if Subscription Fees on Your charge card are refused for any reason, or if You fail to make payment when due.

    If any portion of Your bill is not paid by the due date, Exent may also charge you a late fee on unpaid balances equal to the lesser of 1.5 % per month, or the highest rate permitted by law . If Exent uses a collection agency or legal action to recover monies due, You shall also reimburse Exent for all expenses it incurs to recover such monies, including (without limitation) attorneys’ fees.

    Exent is not responsible for any Internet connection or usage charges.

    You may contact our Support with any questions You may have concerning your service account.

  9. ELECTRONIC COMMUNICATIONS

    PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE. FURTHER, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.

  10. NOTICES AND COMMUNICATIONS

    Exent may deliver any required or desired notice to You by posting it on the Service Website or on any other website about which You have been notified, or by sending it to You via e-mail to the address You provided in Your subscription to the Service and/or via SMS to the mobile telephone number You provided in Your subscription to the Service, and any one of the foregoing delivery methods will constitute sufficient notice. Because Exent may from time to time notify You about important information regarding the Service by any of the aforesaid methods, You understand and acknowledge that you will need to regularly check Your e-mail, SMS and the postings on the Service Website and on any other website about which You have been notified, and You shall exclusively bear the risk of failing to do so.

    With respect to customer support communications, Exent may, from time to time, contact You by e-mail, SMS and/or telephone. As long as You are subscribed to the Service, You shall not be able to choose to unsubscribe from customer support communications, as they are considered an essential part of the Service.

    Exent may, from time to time, send newsletters to You via e-mail and/or notify You thereof via SMS. You can choose to unsubscribe from such communications of newsletters by following the unsubscribe directions posted within the applicable e-mail or SMS. From time to time, You may also be given the opportunity to receive communications Exent believes may be of interest to You on an opt-in basis.

  11. MONITORING

    You acknowledge that Exent has no obligation to monitor the Service, the Games or any other Content. You understand that by using the Service, You may have access to Content that may be offensive or objectionable to You. Under no circumstance shall Exent be liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any exposure to, or use of, any such Content.

    Exent has the right to monitor the Service and/or any component contained therein or related thereto, electronically, from time to time, and to disclose any information, as necessary to comply with any law, regulation or other governmental request, to operate the Service properly or to protect itself or its users in accordance with Exent's Privacy Policy. Exent is entitled at any time to refuse to post or to remove any information or material, in whole or in part, that Exent determines, in its sole discretion, to be unacceptable, undesirable or in violation of any of the terms and conditions in these Terms of Use.

  12. USER DATA

    With respect to any and all information and data posted under Your account unto the Service ("Your Data"), which is accessible by the general public (for example in public forums), You grant Exent a world-wide, royalty-free, non-exclusive and un-restricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from, and/or destroy or dispose of, Your Data. Such license shall apply with respect to any form, media or technology now known or later developed. You hereby waive any moral rights that may exist in connection with Your Data. You acknowledge that Exent may preserve and disclose any of Your Data where required to do so by law or where such preservation or disclosure is reasonably believed by Exent to be necessary to ensure compliance with the law, enforce these Terms of Use or the Application EULA or protect the rights and interests of Exent or of any third party. For additional information regarding disclosure of Your Data, please review the Privacy Policy.

    You agree to indemnify and hold Exent, its affiliates, suppliers, co-branders and other partners, directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, content You submit, post, transmit or make available through the Service, Your use of the Service, Your connection to the Service, Your violation of these Terms of Use or the Application EULA , or Your violation of any rights of another.

  13. ADVERTISING

    You acknowledge and agree that Exent has the right to display advertisements and promotions on the Service and in or “around” the Application or any Content while You access or play it. By accepting these Terms of Use, You agree that Exent has the right to run such advertisements and promotions without compensation to You. The timing, frequency, placement and extent of advertising by Exent are subject to change and shall be determined by Exent at its sole discretion. The frequency of these advertisements (which will pop up on Your Mobile Device's screen) will vary. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Application or Content, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser and Exent does not and shall not have any liability or responsibility in connection therewith. You acknowledge and agree that Exent is not and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Application or Content. You agree, so long as You have not entirely deleted the Application or Content from Your Mobile Device , not to take any action, including downloading other software, to disable or block the display of advertising by the Application and/or the Content.

    After You install the Application and/or any Content, advertisements may be served according to predefined viewing requirements and frequency caps. From time to time, the Application will connect to other, external servers in order to report aggregated performance records such as the advertisements that were displayed, the impressions received, and which, if any, were clicked on. These are the same kind of performance parameters that are tracked by any online advertiser, including banners displayed on a website. The Application does not report any personally identifiable information. You agree and acknowledge that the Application may target advertisements based on non-personally identifiable information (e.g., geographical location). You acknowledge that the Application may collect the non-personally identifiable information pieces, including for research, royalty and targeting purposes. In connection with Your use of the Application and/or any Content, You acknowledge that Exent may collect data regarding the advertisements displayed in or “around” the Application and such Content, the measure of Your exposure to them, Your reaction towards the appearance of such advertisements and any other related information and may use any such information.

  14. TERMINATION

    You acknowledge that Exent may, in its sole discretion, with or without notice to You, suspend or terminate Your account or Your use of, or access to, the Service, and remove and discard any of Your Data, for any reason, including (without limitation) if Exent believes that You have violated any of the terms and conditions contained in these Terms of Use. You acknowledge that Exent shall not be liable for any loss or damage incurred as a result of, or in connection with, such suspension or termination.

    If You are dissatisfied with the Service or with any of the terms and conditions contained in these Terms of Use, Your sole and exclusive remedy is to terminate Your subscription to the Service in accordance with the provisions hereof. Any amounts already paid for the Service are non-refundable.

    All representations, warranties, limitations of liability and indemnification obligations contained in these Terms of Use shall survive termination of the Service and Your engagement with Exent with relation to it, as well as any other obligations hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination.

  15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

    YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT, TO THE EXTENT ALLOWABLE BY LAW, (A) THE SERVICE (INCLUDING ANY AND ALL COMPONENTS AND PRODUCTS THEREIN OR RELATED THERETO, SUCH AS, BUT NOT LIMITED TO, THE APPLICATION AND ANY CONTENT) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EXENT MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY OF INFORMATION, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) EXENT SPECIFICALLY MAKES NO WARRANTIES THAT THE SERVICE, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SERVICE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT THE SERVICE OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU FURTHER EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT YOUR USE OF THE SERVICE (INCLUDING ANY AND ALL COMPONENTS AND PRODUCTS THEREIN OR RELATED THERETO, SUCH AS, BUT NOT LIMITED TO, THE APPLICATION AND ANY CONTENT) IS AND SHALL REMAIN AT YOUR SOLE RISK.

    YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL EXENT AND/OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR REPRESENTATIVES, INCLUDING ITS AFFILIATES, BE LIABLE, IN ANY WAY WHATSOEVER, FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER EXENT HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICE (INCLUDING ANY AND ALL COMPONENTS AND PRODUCTS THEREIN OR RELATED THERETO, SUCH AS, BUT NOT LIMITED TO, THE APPLICATION AND ANY CONTENT), OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION OF ANY OF YOUR DATA OR TRANSMISSIONS OR YOUR ACCOUNT RELATED TO THE SERVICE, OR (C) ANY OTHER MATTER RELATING TO THE SERVICE (INCLUDING ANY AND ALL COMPONENTS AND PRODUCTS THEREIN OR RELATED THERETO, SUCH AS, BUT NOT LIMITED TO, THE APPLICATION AND ANY CONTENT), REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

    THE LIABILITY OF EXENT, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY EULAs) ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE SUBSCRIPTION FEES (EXCLUDING ALL TAXES) YOU HAVE PAID TO EXENT FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.

    FURTHER, AND WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT BY USING THE INTERNET AND/OR THE SOFTWARE AND/OR THE SERVICE AND/OR ANY THIRD PARTY APPLICATION AND/OR CONTENT, YOU MAY BE EXPOSED TO CONTENT THAT MAY BE DEEMED OFFENSIVE, INDECENT, OR OBJECTIONABLE, CONTAMINATED FILES, COMPUTER VIRUSES, EAVESDROPPING, HARASSMENT, ELECTRONIC TRESPASSING, HACKING AND OTHER HARMFUL ACTS OR CONSEQUENCES THAT MIGHT LEAD TO UNAUTHORIZED INVASION OF PRIVACY, LOSS OF DATA AND OTHER DAMAGES. NOTWITHSTANDING THE FOREGOING, YOU AGREE TO USE THE SOFTWARE AND SERVICE AT YOUR SOLE RISK AND THAT EXENT SHALL NOT BE LIABLE WITH RESPECT TO ANY OF THE FOREGOING AND YOU HEREBY WAIVE ANY CLAIM, DEMAND AND CAUSE OF ACTION AGAINST EXENT WITH RESPECT THERETO.

  16. INDEMNITY

    You shall defend and indemnify Exent, its affiliates, suppliers, co-branders and other partners, and their directors, officers, employees and agents against, and hold them harmless from, any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to, or in connection with, use of the Service, the Application, Third Party Applications and/or any Content through Your account, whether by You or by another, whether or not authorized by You, that is in violation of any provision contained in these Terms of Use and/or of any applicable law.

  17. RESERVATION OF RIGHTS

    Except as expressly provided, nothing herein or within the Service, the Application and/or any Content shall be construed as conferring any license under any of Exent's or any third party's intellectual property rights, whether by implication, waiver or otherwise. Without limiting the generality of the foregoing, You acknowledge that certain Content available through and/or used to operate the Service or the Application is protected by copyright, trademark, patent, or other proprietary rights of Exent, its affiliates, licensors and/or third party service providers, and You undertake not to perform any of the following and not to request or allow any third party to perform any of the following: (a) remove any copyright, trademark or other proprietary notice or disclaimer from the Service, the Application and/or any Content; (b) make use of intellectual property related to the Service, the Application and/or any Content for any purpose other than the purpose for which such intellectual property is made available to users of the Service; (c) modify, copy, adapt, distribute, translate or create derivative works, of any kind whatsoever, of any software, applications or programs used in connection with the Service, the Application and/or any Content; or (f) reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of any of the software, applications or programs used in connection with the Service, the Application and/or any Content.

    Without limiting the generality of the foregoing, You acknowledge that the rights granted to You in these Terms of Use are expressly made subject to full and strict compliance by You with any and all of the provisions of these Terms of Use (which are deemed to include all of such other additional or alternative terms, conditions, rules and policies which are displayed in, or to which You may be directed from, the Service, the Application and/or any Content, as may be modified by Exent or by the relevant service provider from time to time).

    Any copying, republication or redistribution of the Application or any Content, including, but not limited to, by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner and Exent.

  18. TRADEMARKS

    Gametanium™ is a registered United States trademark of Exent. All product, brand and company names and logos used on and/or in the Service, the Application and/or any Content ("Marks") are the trademarks or registered trademarks of their respective owners. Any use of any of the Marks without the express written consent of Exent or the owner of the relevant Mark, as appropriate, is strictly prohibited.

  19. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) AND COPYRIGHT NOTICES

    We respect the intellectual property of others, and we ask Our users to do the same. We may, in appropriate circumstances, and at Our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If You believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information:.

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A description of the copyrighted work that You claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Service;
    4. Your address, telephone number and email address;
    5. A statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
    6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf. Please contact Our Copyright Agent for Notice of claims of copyright infringement at:
      Registered Copyright Agent
      EXENT TECHNOLOGIES LTD.
      By e-mail: GameTanium@exent.com
      By mail: Exent Technologies Ltd.
      25 Basel St. Petach-Tikva, Israel
      Attention: Privacy and Legal Depts.
  20. MISCELLANEOUS

    These Terms of Use constitute the entire agreement between Exent and You pertaining to Your use of the Service (including any and all components and products therein or related thereto, such as, but not limited to, the Application and any Content) and supersede any prior agreements between You and Exent pertaining thereto. Exent's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any provision (or part thereof) contained in these Terms of Use is determined by a court of competent jurisdiction to be void, invalid or otherwise unenforceable, such determination shall not affect the remaining provisions (or parts thereof) contained herein. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. Any action in connection with the Service shall be brought exclusively to the competent courts in the city of Tel Aviv, Israel, which shall have sole and exclusive jurisdiction over any dispute arising in connection with the Service, and You irrevocably agree to the jurisdiction of such courts. Exent shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services. You may not assign or otherwise transfer this Agreement, or Your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. Exent may freely assign all or any part of this Agreement with or without notice and You shall continue to make all subsequent payments as directed. Except as otherwise required by law, including Israeli laws relating to consumer transactions, any cause of action or claim You may have with respect to the Service, the Application, the Content or anything else related to, arising from or associated with these Terms of Use, must be commenced within six (6) months after the claim or cause of action arises otherwise such claim or cause of action shall be automatically barred.

  21. REVISIONS TO TERMS OF USE

    Exent reserves the right to change this Terms of Use by posting a notice to that effect on the Service Website or sending an email to the email address you filled during Your registration to the Service or both. Please periodically review the Service Website to ensure You read such notices. Any such change will be effective on the date noted in the posting and/or email we send you. By continuing to use the Service after revisions are effective, you accept and agree to abide by them.

  22. CONTACTING EXENT

    For any inquiries in connection with these Terms of Use, You may contact Exent via e-mail to our online customer support, details of which are provided, here .