Effective as of September 10, 2024
IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15 BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE PURSUANT TO THESE TERMS OR THE USE OF THE SERVICES AS DEFINED BELOW WILL BE RESOLVED IN ACCORDANCE WITH SECTION 15 BELOW. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.
These Terms of Use (“Terms”) constitute a binding legal agreement between Gamcy Ltd. and its affiliates (collectively, “Gamcy”, “we,” “our,” or “us”) and you (“you” or “your”) and governs your access and use of all features, content, and other services provided by Gamcy, including without limitation our website https://Gamcy.com/ (“Website”), our mobile gaming application (“Apps”) and any other service (collectively “Service(s)”).
By registering an account and participating in any competitions and tournaments held in the Services, you affirmatively signify that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy as well as our respective Promotion Rules (“Rules”), each incorporated herein by reference. If you do not agree to these Terms, Rules, or the Privacy Policy, you must not register an account or otherwise use or access the Services.
1. Use of our Services
Gamcy’s Services include an mobile application and services that we may provide from time to time. Certain features may require you to register with Gamcy and create an account by providing us certain information about yourself.
2. Device information
Using the Services requires an internet connection to our servers, and we may need to collect certain information from you and your internet-enabled device (“Device”) in order to make the software and Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Services using your account. We will use this information in accordance with our Privacy Policy. We do not warrant that our Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use our Services, as updated from time to time.
3. Eligibility
The Services are intended for users who are 16 years of age or older. If you are between 16 and 18 years of age, you must have permission from a parent or legal guardian to use the Services. By using the Services, you confirm that you meet this age requirement and, if under 18, that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to ask for proof of your age and parental consent at any time. Failure to provide this proof when requested may result in the termination of your account.
4. Account registration
When you create an account, you will be asked to provide certain information, which may involve: (a) registering a unique username and password; (b) providing contact information, such as your name, phone number, and email address; (c) payment and billing information; and (d) any other information we request on the account registration process. You may only register for a single account and may not use or access multiple accounts at the same time.
You are responsible for keeping your account information secure. Please do not share your account information with anyone. By registering an account you agree to notify us immediately if you have lost control of your password or you suspect there is unauthorized activity in your account. You remain fully liable for any actions taken in respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.
As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your account; (ii) access the Services through your account; or (iii) accept or use prizes from your account. Neither your account nor prizes won from participating in competitions are transferable to any other person or account.
We reserve the right to verify your account details, such as name, address, age, and payment methods used, at any time, by requesting copies of certain documents or processing your technical data. If deemed necessary, we may request that the said document copies are notarized by a Public Notary. In the event our requests for documents are not completed by you, Gamcy may at its sole discretion terminate the account, and withhold any Virtual Items (as defined below) that are present therein.
You agree to promptly update any provided information or data or to provide additional items as part of our ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate and verifiable in all respects.
In order to encourage users to succeed in our games, we may publish data relating to the most successful users in the games according to various categories of users and statistics, as set upon our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.
5. Compliance with laws
You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with virtual prizes and/or any other reference to the company’s services may govern your participation in competitions (“Gaming Laws”) and that Gaming Laws are set up by each individual state, country, territory, or jurisdiction.
You are solely responsible for your compliance with all applicable laws. Services and competitions are void where prohibited or restricted by Gaming Laws. Your participation in competitions is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Services. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any competition or use of Services, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right (but have no obligation) to monitor the location from which you access the Services, and we may block access from any prohibited jurisdiction.
You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. Trade Controls are subject to change, and prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon Papaya’s sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.
6. Prohibited uses
You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services.
You may not (and shall not permit any third party to) either (a) take any action or (b) upload, submit, post, or otherwise distribute or facilitate distribution of any content or user submission on or through the Services that: (i) is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as Gamcy may determine in its sole discretion; (ii) infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party; (iii) violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations; (iv) involves commercial activity not expressly permitted by Gamcy; (v) contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of Gamcy, its users, or any other individual or entity; (vi) uses or launches any automated system, including without limitation, “robots,” “spiders,” “offline readers”, etc., that access the Services in a manner that sends more request messages to Gamcy’s servers than a human can reasonably produce in the same period of time; or (vii) impersonates any individual or entity, including, without limitation, employees or representatives of Gamcy. You shall be solely responsible for any and all content of any kind that you make available (by uploading or otherwise) or use through the Services.
You represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in the Services, including but not limited to, the opening and/or use of multiple accounts; the use of unauthorized or altered software or hardware to assist play; intentionally poor play in certain games to achieve competitive advantage; harassment of other participants; posting objectionable material; breach of these Terms; breach of security of your account; or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation: (1) immediate termination of your account and blocking of your access to the Services, without any liability to you; and (2) any virtual prizes that you may otherwise have been entitled to receive shall be void and forfeited. Your Abuse may entitle Gamcy for indemnification as detailed in section 10.
In addition to the foregoing, we reserve the right to disclose or report any illegal activity to law enforcement and regulatory authorities.
You further acknowledge that the forfeiture and/or return of any prize as a result of a violation of these Terms shall in no way prevent Gamcy from pursuing criminal or civil proceedings in connection with any Abuse.
7. Third party services
The Services may provide links to third-party websites, apps, services, offerings, products or other activities (“Third Party Services”) that are not owned or controlled by us. These links are provided for your convenience and do not signify that Gamcy endorses or is liable in any way for the content, products, services or materials displayed or offered by such Third Party Services. Your use of such Third Party Services is made at your own risk and shall be subject to the terms of use of such Third Party Services. You acknowledge that Gamcy has no liability to your use of Third Party Services. Any problems or complaints that you may have with regard to such Third Party Services should be directed to such third parties.
If you have downloaded the Apps from the Apple, Inc. (“Apple”) App Store or if you are using the Apps on an iOS device, you acknowledge that you have read, understood, and agreed to the following notice regarding Apple. These Terms are between you and Gamcy only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Apps infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terns, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of these Terns. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Limitation of liability
By using the Services, you understand and agree that Gamcy’s liability in connection with your use of the Services is as set forth below. Under no circumstances shall Gamcy, its parents, subsidiaries, or affiliates, or the directors, officers, employees, or any other representatives of each of them (collectively, the “Gamcy Entities and Individuals”), be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to (1) the Website, Apps, the Services, or your uploaded information; (2) the use of, inability to use, or the performance of the Services; (3) any action taken in connection with an investigation by Gamcy or law enforcement authorities regarding your use of the Services; (4) any action taken in connection with intellectual property rights; (5) any breach of these Terms; (6) any transaction, purchase or activity made on your account; or (7) any errors, omissions or defects in the Services’ technical operation, even if foreseeable or even if the Gamcy Entities and Individuals have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. In no event will the Gamcy Entities and Individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury, arising from your use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
In no event shall the Gamcy Entities and Individuals’ total liability to you for all damages, losses, or causes of action exceed in aggregate one hundred U.S Dollars ($100). The Gamcy Entities and Individuals are not responsible for any damage to your and any third parties’ computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. If you are dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Gamcy’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Services or other properties owned or controlled by Gamcy and/or its parents, subsidiaries, and/or affiliates, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services, your uploaded information on the Services, or any and all activities or actions related thereto.
By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law, including, to the extent applicable, California Civil Code section 1542, that otherwise might limit your waiver of such claims.
9. Disclaimer of warranties
You acknowledge and agree that you assume full responsibility for your use of the Services. You acknowledge and agree that any information you send or receive during your use of the Services may not be secure and may be intercepted or later acquired by unauthorized parties. The Services are provided on an “as is” and “as available” basis, without any warranty of any kind, either express or implied. Gamcy strives to keep its Services up and running; however, all online services suffer occasional disruptions and outages.
In addition, Gamcy is not responsible in any way for the games you play or for your Device, including for any communication or other errors in such games or Device, and such errors might be counted as losses in competitions you participate in. Gamcy does not provide any warranty regarding the Services, Website, Apps or any service or content made available through the Services and expressly disclaims: availability, accuracy of the information displayed about game statistics, technical errors in the games, usability, quality, appropriateness, reliability, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose. Gamcy does not warrant or guarantee protection from viruses or other computer system malware. Gamcy does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error free. Gamcy does not guarantee that any competitions you participate in will be fair or that other players will not cheat in such games. We do not and cannot take responsibility for any losses to your account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement. In such jurisdictions, the liability of Gamcy shall be limited to the fullest extent permitted by law.
10. Indemnification
You agree to defend, indemnify, and hold Gamcy Entities and Individuals harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of and access to the Services, including, without limitation, (i) any data or work transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of any country as applicable to you and Gamcy; (v) any claims or damages that arise as a result of any of your user submissions or any other content that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.11. Gamcy’s intellectual property rights
The Apps, Website, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Virtual Items, and any part thereof, including derivative works, of Gamcy and other companies serviced by Gamcy are the property of Gamcy or their respective owners. As a user of the Services, you agree not to use, copy, reproduce, publish or borrow any other content or trademarked work without explicit permission from Gamcy. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services.
You may choose to or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Gamcy under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.
12. Virtual items
The Services may include an opportunity to earn or purchase virtual in-game items, including but not limited to virtual coins, points, credits, bonuses and/or chips all for use in the Service (“Virtual Items” or ” Virtual prizes”). Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below.
Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Gamcy or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with an account or stored on the Services. Your acquiring of Virtual Items is final and is not refundable, transferable or exchangeable, except in Gamcy’s sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside the Services, or attempt to sell, give or trade in the “real world” anything that appears or originates in the Services unless otherwise expressly authorized by Gamcy in writing.
Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the Services, without Gamcy’s written permission. Doing so is a violation of these Terms and may result in termination of your account and/or legal action taken against you and any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. Gamcy retains the right to manage, regulate, control, modify, change the price of and/or eliminate Virtual Items at its sole discretion, and Gamcy shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, Gamcy may selectively remove or revoke Virtual Items associated with your account in its sole discretion.
Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on our Services or otherwise expressly authorize. Gamcy does not recognize any purchases or transfers made outside of the Services on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.
When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. Other than charges to your account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
You acknowledge that Gamcy is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in Gamcy’s sole and absolute discretion, or if the Services are no longer available. If your account is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
In the event your account is terminated, suspended, or if we discontinue the Services, any Virtual Items associated with your account will be forfeited, and you will not be entitled to any refund or compensation. We encourage you to use your Virtual Items before your account is closed or the game is discontinued.
Please make sure to read any pricing information carefully before making a purchase. If you experience any issues with your Virtual Items or in-app purchases, you may contact our support team for assistance.
13. License to use the Services
Subject to these Terms, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms. You may not network the software among devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services, or its structural framework; (ii) create derivative works of the Services; (iii) use the Services in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Services. You are responsible for all use of the Services that is under your possession or control.
14. Term and termination
These terms apply to you and to us from the date that you accept them as provided above. You may terminate your Gamcy account at any time and for any reason by sending us a support request at: [provide email] or following the instructions provided in the Services. Upon termination of your account, you must immediately discontinue use of the Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate. Any and all terms and conditions within these Terms that should, by their nature, survive termination of these Terms, will survive such termination. Gamcy may, at its sole discretion, deny or delay a request to terminate your Gamcy account, if it has any reason to believe, in its sole discretion, that you have breached your obligations under these Terms, or any applicable laws. Gamcy may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability upon any violation of these Terms.
15. Arbitration and Class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree that any claim or dispute at law or equity that has arisen or may arise between you and Gamcy relating in any way to or arising out of these Terms or your use of, or access to the Services, will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you may have against each us are resolved.
You and Gamcy will attempt to resolve any dispute through informal negotiation within thirty (30) days from the date the notice of dispute is sent. During this period, the parties shall use best efforts to settle any dispute, claim or disagreement. Filing any claims before the end of this period and without engaging in this process could result in the award of fees against you in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Papaya relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration. If you reside in the U.S., The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. Otherwise, the Israeli Arbitration Law, 5728-1968 shall govern the interpretation and enforcement of this agreement to arbitrate.
In all events, each party hereby knowingly, voluntary and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitration does not apply to any claim, that claim will be tried before a judge sitting without a jury.
You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless Gamcy agrees otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Gamcy users. If a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Gamcy’s right to appeal the court’s decision. All other claims will be arbitrated.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding so long as Papaya agrees to such. The arbitrator has the right to impose sanctions in accordance with NAM Rules for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11). The arbitration will be conducted by Israeli Institute of Commercial Arbitration, or the National Arbitration and Mediation (“NAA”), if your reside in the U.S, under their rules and procedures, including the NAM’s commercial arbitration rules (as applicable), as modified by this agreement.
The arbitration shall be held in Tel Aviv, Israel (or New York City for U.S. residents) or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Gamcy may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Gamcy, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
To the extent permitted by applicable law, any claim or dispute under these Terms and use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute isn’t filed within one year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.
With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its Intellectual Property Rights (“Intellectual Property Rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: [INSERT]. The notice must be sent within 30 days of [DATE THIS IS POSTED] or your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Papaya also will not be bound by them.
Changes to this Section: Gamcy will provide 30 days’ notice of any changes affecting the substance of this Section 15. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which Gamcy does not have actual notice are subject to the revised clause.
16. Modification of Terms or Services
We reserve the right, at any time in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, at any time, without prior notice. You agree that we may notify you of any updated or new Terms by posting notice on the Services, by providing you notice at the email address associated with your account or as we otherwise deem fit. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Services after such notice confirms your consent to and acceptance of such amendment. The most current version of these Terms will govern your use and access of the Services, including without limitation any content made available on or through the Services. If you object to any such changes, your sole recourse is to cease accessing the Services.
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: (i) stop offering and/or supporting the Services or any particular game or part of the Services; (ii) terminate or suspend your license to use the Services or any part of it; (iii) modify or discontinue the Services; (iv) modify or remove any of the information contained in the Services; (v) limit the Services’ availability to any person, geographic area, or jurisdiction we choose; (vi) charge fees in connection with the use of the Services; (vii) modify and/or waive any fees charged in connection with the Services; and/or (viii) offer opportunities to some and all users of the Services. If that happens, Gamcy is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services or for virtual goods previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in these Terms.
17. Governing law
For any dispute not subject to arbitration, if you reside or use our Services in the U.S., these Terms shall be governed by and construed in accordance with the laws of the State of California, U.S., without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of the Courts of Los Angeles, California, U.S.
Otherwise, for any dispute not subject to arbitration, these Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of Tel Aviv, Israel.
18. Assignment of rights
You may not transfer, assign, sub-license, or pledge in any manner whatsoever your account or any of your rights or obligations under these Terms. Gamcy may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
19. Notification procedures
Gamcy may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by Gamcy in our sole discretion. Gamcy reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms or Gamcy’s Privacy Policy.
20. No Waiver and Force Majeure
Gamcy’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Gamcy will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.
21. Survival
You agree that the following provisions of these Terms shall survive termination of the Services, for any reason whatever: Compliance with, laws, Prohibited uses, Limitation of liability, Indemnification, Gamcy’s intellectual property rights, Term and termination, Agreement to arbitrate/class action waiver, and Governing law.
22. Severability of clauses
The Terms posted on this page, the policies and any other agreements between the parties that are incorporated herein by reference, as amended, constitute the entire Terms between you and Gamcy. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
23. Language
You acknowledge that these Terms, and all related documents (including any rules and the privacy policy) have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.
24. Contact us
If you have any questions about these Terms or Gamcy’s Services in general, please contact us at: support@gamcy.com. Subject to the content of your inquiry, Gamcy may request that you provide additional information in order to allow the appropriate handling of your inquiry.