Date of last revision: August 2018
Please read these terms carefully before using the Ginger Tiger website http://www.gingertiger.net/en (the “Site”) provided by 4iD Ltd (the “Company” or “We” or “Our”). This is a binding legal agreement between you and the Company regarding your use of the Site, any revision, updates or versions that supersede it, and any and all associated features (to the extent Applicable).
It is also your responsibility to make certain that any person who accesses the Site via your Account, is aware and compliant of these terms and any other Applicable terms.
The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Company does not give any warranties, whether express or implied, as to the suitability, usability or availability of the Site.
Should you encounter any bugs, glitches (security or otherwise), a lack of functionality or other problems in using the Site, please notify us at email: [email protected].
If you provide the Company with any feedback or suggestions, including support inquiries (“Feedback”), you hereby assign all rights in the Feedback to the Company and agree that the Company will have the right to use the Feedback and related information in any manner it deems appropriate. The Company will treat the Feedback as non-confidential and non-proprietary. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary to the Company.
You represent and warrant that you are at least 18 years of age and legally competent to enter into a contract. If you are under age 18 or under guardianship, you need to review the Agreement with a parent or guardian to make sure you and your parent or guardian understand the service, your rights and your obligations and may use the Site under parental/guardian supervision only. We may, in our sole discretion, refuse to provide the Site to any person or entity and change the eligibility criteria at any time. You, solely, are responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Site is revoked where these Terms or the use of the Site is prohibited or to the extent that the offering, sale or provision of the Site conflicts with any law, rule or regulation applicable to you.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Site. If you have questions about the Site, please contact us at [email protected]
Subject to your compliance with the terms and conditions set out herein, the Company grants such number of personal, limited, non-commercial, non-exclusive, non-sub-licensable, non-assignable, revocable licenses to use the Site, on certain Devices owned by you, for your private, personal (unless you have purchased a Site License as described in Section 9 below, in which case these terms are adjusted accordingly) and non-commercial use, for the sole purpose of using the Site for its intended purpose.
You acquire no right, title or license in the Site.
The Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of our Site without notice. You agree that the Company will not be liable for any suspension, modification, discontinuance or lack of availability of the Site.
You agree to the following license restrictions: (a) to use the Site solely for your personal use; (b) not to install or use a copy of the Site on a Device that you do not own or control; (c) not to duplicate, copy or distribute the Site, except as necessary to use it on your Device; (d) not to license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Site or make the Site available to any third party (other than as permitted by the Site License as described in Section 9 below) and any attempt by you to take such action shall be void ab initio ; (e) to not use the Site for any fraudulent, unlawful, unauthorized or illegal activity; (f) not to modify, translate, or create derivative works based on the Site or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever.
Without derogating from the generality of Section 6 above, except as may be expressly permitted by applicable law and/or as may be authorized expressly in writing by the Company, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the data, information, text, music, sound, photos, graphics, code or any other material (“Content”) made available on our Site whether such Content was provided by the Company or by a third party, including but not limited to other users or compile or collect any Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use the Site; (iii) circumvent or disable any digital rights or management, usage rules, or other security features of the Site, to the extent applicable; (iv) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Site; (v ) use the Site in any manner which could damage, disable, overburden or impair the Site; (vi ) transmit or create any worms, viruses or any code of a destructive nature; (vii ) display, transmit or share any Content that may be deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that may be considered a criminal offense or bring forth civil liability; (viii) attempt to hack, destabilize or alter the Site, or alter another website so as to falsely imply that it is affiliated with the Company; (ix) use or access any of the Site by any means other than through the interface provided by the Company; and/or (x) “frame”, mirror” or otherwise incorporate any part of this Site into any other site and/or application without our prior written authorization.
In the Site, you may purchase certain subscriptions to use the Site’s and/or its associated services, games and features (the “Services” and a “Subscription”, respectively). When you purchase a Subscription, we offer you a secure and convenient method for making payments online using PayPal. The PayPal system uses industry-leading security measures to ensure that your financial information is kept private.
After you select your products and click on the “Continue to the next step” or “Check out with PayPal” button, you will complete your payment details on the PayPal website. Once PayPal clears your payment, we will send you an email confirming your purchase. The Company cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of PayPal.
Additional information about the PayPal payment system may be found on the PayPal website.
Cancelations: You may cancel your Subscription within 7 days of purchase by contacting us at: [email protected]. No refunds will be given after 7 days from purchase. Cancelation is subject to receiving written confirmation from the Company stating we have received the cancellation notification and the Subscription has been cancelled.
Free Trial: You may be granted a trial for a specified period without payment (a “Trial Period”). If you are granted a Trial Period in the framework of the purchase of subscription, you shall have free access to the Site’s Services for the duration of the Trial Period only.
Single User Annual Subscription: This subscription will grant you access to the Site’s Services for a single user, for a twelve (12) months period (“Single Annual Subscription”). The Single Annual Subscription is paid in full in advance. At the end of the Single Annual Subscription period, you will receive email notification reminding you that your subscription is due to expire and offering you to renew the subscription.
Site License Annual Subscription: This subscription will grant you access to the Site’s Services for up to fifteen (15) simultaneous users within the specified establishment for a twelve (12) months period (“Site License Annual Subscription”). The Site License Annual Subscription is paid in full, in advance. At the end of the Site License Annual Subscription period, you will receive email notification reminding you that your subscription is due to expire and offering you to renew the subscription.
General Terms and Conditions for all Subscriptions:
- Subscriptions may be cancelled only within 7 days from purchase in accordance with section 8 above.
- You must not exceed the limit of the number of users given by each subscription.
- Subscription pricing is subject to change. New pricing takes effect upon renewal of your subscription.
- If you purchase a subscription from us, we will make the Services available to you until the Subscription expires, or we end the contract by written notice to you.
For your convenience, on the Site, in various of the activities, certain accessibility settings can be changed such as: (i) control options (control by mouse, one switch, two switches and eye gaze); (ii) the size of the mouse cursor; (iii) the color of the background and; (iv) scan color (all, the “Accessibility Settings”). However, the Company cannot guarantee that all the Accessibility Setting will work on your Device and are not responsible if they don’t. Moreover, the Company will provide you only with access to the Site and included Services, but you are responsible for obtaining any applicable add-ons and their purchase and installation as required for any or all of the Accessibility Settings to work (such as switches and eye gaze system).
We do not provide you with the equipment to access our Site. You are responsible for all fees charged by third parties related to your access and use of the Site, (e.g. charges by Internet service providers, telephone providers). You are responsible for obtaining and maintaining any equipment or ancillary services needed to access the Site or otherwise use the Site, including, without limitation, modems, WIFI, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Site.
The Company may provide you with a Learning Manager System (the “LMS”). This LMS System will allow you to keep track of your performance in the Site’s Services including which games were played through your subscription, number of errors in the games and more. If you have a Site License Annual Subscription you will be able to keep track of the different users in the subscription, provide them with missions and more.
The Company, in its sole discretion, reserves the right to add additional features or functions to the Site or to modify or provide maintenance releases, patches, fixes, extensions or enhancements and upgrades, to the Site. The Company has no obligation to make any additional features or functions or any modifications, updates, support, maintenance releases, patches, fixes, extensions, enhancements and upgrades, or subsequent versions of the Site available to you free of charge or at all. You may have to agree to a renewed version of the Terms or pay an additional fee in the event you want to download, install or use additional features or functions or any modifications, updates, support, maintenance releases, patches, fixes, extensions, enhancements and upgrades, or new versions of the Site.
Without derogating from the foregoing, you understand that the Site is evolving and may require that you accept updates from time to time. You acknowledge and agree that the Site may be updated by the Company with or without notifying you. You hereby agree that your Device may automatically request and/or receive such updates to the Site.
14.Third Party Sites
You may gain access to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites and/or applications are not within the supervision or control of the Company and the Company does not make any representation or warranty whatsoever about any third-party site that is linked to the Site, nor endorse the applications, products or services in third party advertisements. The Company disclaims: (a) all responsibility and liability for content on third party websites or applications and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. Your use of third party web sites and/or applications is at your own risk and subject to the terms and conditions for such sites and/or applications and you hereby irrevocably waive any claim against the Company with respect to third party sites and/or applications and/or third-party content.
If another site or application causes you damages, look to that other site for relief.
15.1.All intellectual property associated with the Site is owned by the Company or its licensors, which includes materials protected amongst others by copyright, trademark, or patent laws. All content on the Site (except for Personal Information as defined below), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is the Company’s proprietary property; all rights reserved.
15.2.The “Ginger Tiger” logo and trademark, the Site logo and trademark, and any other product or service name or slogan displayed on the Site are Company intellectual property and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. You may not use any metatags or any other “hidden text” utilizing “Ginger Tiger”, the name of the Site or any other name, trademark or product or service name of the Company without our prior written permission. In addition, the look and feel of the Site, including all visual design elements including page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of the Company and may not be duplicated, copied, imitated or used, in whole or in part, without our express prior written permission. The look and feel of our Site is copyright © 2018 4ID Ltd.
All other trademarks, registered trademarks, product names and company names or logos that appear on the Site are the property of their respective owners.
17.No Support or Maintenance
You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site, the Services or whatsoever.
You agree to indemnify and hold us (and our officers, employees, and agents) harmless from and against all damages losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of this Agreement or (c) your violation of applicable laws or regulations. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS AVAILABLE” OR “AS IS”, WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. THE COMPANY DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD.
In the event that any action or other proceeding is sought to be brought against the Company for any purpose, you agree, notwithstanding any legislative statute of limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against the Company and any persons who in law or at equity could claim contribution or indemnity against the Company.
20.Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE COMPANY’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE DOWNLOADING OR USING THIS SITE.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURSELF OR YOUR DEVICE INCLUDING LOSS OF DATA THAT RESULTS FROM THE SITE.
THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY AND ALL INFORMATION (PERSONAL AND OTHERWISE) STORED BY US (IF APPLICABLE), (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SITE, (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, NOR IS THE COMPANY LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER.
IN NO EVENT, SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING LOSS OF PROFITS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITE AND/OR SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL SITELY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR ONLY REMEDY AGAINST THE COMPANY FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT THEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU’VE PAID THE COMPANY IN THE PRIOR 3 MONTHS (IF ANY).
21.Basis of Bargain
The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of this Agreement between us and you. The Company would not be able to provide the Site on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of our suppliers.
22.Term and Termination
The Agreement and the licenses granted hereunder are effective on the date you purchase a Subscription and shall continue until the end of the Subscription period or unless and until this Agreement is terminated by us pursuant to this section.
The Company reserves the right to terminate your license at any time for any reason and for no reason. The Company reserves the right to prevent access to the Site and block users from certain IP addresses or Device numbers.
Upon termination, the license granted hereunder shall terminate and you shall immediately cease all use of the Site, but any terms of this Agreement, which are intended to survive termination, will remain in effect.
23.1.The Company reserves the right to change these Terms by posting, at any time, in the Company’s sole discretion, by posting changes on the Site. Your continued use of the Site after any amendment shall evidence your agreement to be bound by the revised Terms.
23.2.Contact Information. For communications concerning the Agreement, please contact us at: [email protected].
23.3.Severability. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect and that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
23.4.Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Israel, without regard to the choice-of-law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
23.5.Notwithstanding the foregoing the Company may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights.
23.6.Assignment. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. The Company may assign its rights and duties under these Terms to any party at any time without notice to you.
23.7.Notice. You agree that any notice, agreement, disclosure or other communication that the Company sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
23.9.The Company’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.
23.10.With the sole exception, set forth in Section 19 hereto, the provisions of these Terms are for the benefit of the Company and yourself, and these Terms are not intended to confer upon any person, except the Company and yourself, any rights or remedies hereunder.
23.11.Headings and subheadings in the Agreement are included for convenient reference only and are not to be considered in construing the corresponding text of the Agreement.