Terms of Use

Proprietary Rights. The Rights Owners retain all right, title, and interest in the Related Content, including all copyright or other intellectual property rights. Aside from the license rights explicitly granted above in this section, you do not and will not have any right, title, or interest in or to any Related Content. The Related Content may encompass trade names, brands, logos, trademarks, names, likenesses, images, or other personal characteristics of persons or characters ("Embedded IP"). Your usage of such Embedded IP is restricted to its use in connection with the exercise of your license rights under these Terms, subject to all limitations set forth herein and any other restrictions that OwnPlay may communicate to you in the future. You are expressly prohibited from using any Embedded IP in connection with any business, product, or service in a manner that may imply endorsement or cause confusion, dilution, blurring, or tarnishing of such Embedded IP. Any use of Embedded IP, along with any goodwill generated by such use, will accrue to the benefit of OwnPlay and its Affiliates.

15. LIMITATION OF LIABILITY

By using the Services, you understand and agree that OwnPlay's liability in connection with your use of the Services is as set forth below.

In under no circumstances shall OwnPlay and its Affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the "OwnPlay 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: (i) the Services, or your uploaded information; (ii) the use of, inability to use, or performance of the Game and/or Services, including but not limited to the Bulletin Board, or any transactions involving NFTs; (iii) any action taken in connection with an investigation by OwnPlay or law enforcement authorities regarding your use of the Game and/or Services, including but not limited to the Bulletin Board, or any transactions involving NFTs; (iv) any action taken in connection with copyright owners; or (v) any errors, omissions or defects in the Game's and/or Services', including but not limited to the Bulletin Board's, or any transactions' involving NFTs technical operation, even if foreseeable or even if the OwnPlay 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 OwnPlay 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 Game and/or Services, including but not limited to the Bulletin Board, or any transactions involving NFTs.

Notwithstanding the above, in no event shall the OwnPlay Entities and Individuals' total liability to you for all damages, losses, or causes of action exceed one hundred U.S Dollars ($100). The OwnPlay 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.

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.

If you are dissatisfied with 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 OwnPlay'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 OwnPlay and/or its parent companies, 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 that otherwise might limit your waiver of such claims.

16. DISCLAIMER OF WARRANTIES

The Services are provided to you on an "as is" and "as available" basis, without any warranty of any kind, either expressed or implied. All online Services suffer from occasional disruptions, and as OwnPlay strives to keep Services available to you at all times, you hereby agree and warrant that OwnPlay is no exception to those disruptions.

OwnPlay does not warrant or guarantee protection from viruses or any other computer system malware. OwnPlay does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error free. OwnPlay does not guarantee that any competitions you participate in will be fair or that other users will not cheat in such games. We do not and cannot guarantee that use of our Services will generate you any profits. 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.

OwnPlay does not provide any warranty to you regarding the Services, or any 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.

17. 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 OwnPlay account at any time and for any reason by sending us a support request at: [e-mail]. Upon termination of your account, you must immediately discontinue to use our Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate. OwnPlay 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.

18. INDEMNIFICATION

​You agree to defend, indemnify, and hold OwnPlay 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 under these Terms;

(iii) your violation of any law, rule or regulation of any country as applicable to you and OwnPlay;

(iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;

(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 Service with your account.

19. MODIFICATION OF THESE TERMS

OwnPlay has the right, at any time and in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, without prior notice. You hereby agree that OwnPlay may notify you of any updated or new Terms by posting notice on its websites or apps, by providing you notice at the contact details associated with your account, or in any other way OwnPlay deems reasonable. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. If you continue to use the Services after such notice is published, you hereby consent and accept the changes to the Terms. The most updated 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 using our Services and accessing your account.

We reserve the right, at any 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 part of the Services;

(ii) terminate or suspend your license to use the Services or any part of it;

(iii) modify, remove or discontinue the Services or any part thereof;

(iv) limit the Services' availability to any person, geographic area, or jurisdiction we choose;

(v) charge fees in connection with the use of the Services;

(vi) modify and/or waive any fees charged in connection with the Services; and/or

(vii) offer opportunities to some and all users of the Services.

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.

20. GOVERNING LAW

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 the courts of Tel Aviv, Israel.

21. AGREEMENT TO ARBITRATE/CLASS ACTION WAIVER

You agree that any claim or dispute at law or equity that has arisen or may arise between you and OwnPlay 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 us are resolved.

We will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. If the dispute is not resolved within such time period, you agree that all disputes or claims that have arisen or may arise between you and OwnPlay 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. The Israeli Arbitration Law, 5728-1968 governs the interpretation and enforcement of this agreement to arbitrate.

The arbitration shall be held in Tel Aviv, Israel or at another mutually agreed location. The arbitration will be conducted in English by a single arbitrator. If the value of the relief sought is $10,000 or less, you or OwnPlay may elect to have the arbitration conducted by telephone, video conference, or based solely on written submissions, which election shall be binding on you and OwnPlay, 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.

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 these Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or these Terms is void or voidable.

The arbitration will be conducted by the Israeli Institute of Commercial Arbitration under its rules and procedures, as modified by this agreement.

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 both you and OwnPlay agree 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 OwnPlay 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 OwnPlay’s right to appeal the court’s decision. All other claims will be arbitrated.

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.

22. ​ NOTIFICATIONS

OwnPlay may provide notifications, whether such notifications are required by law 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 OwnPlay in our sole discretion. OwnPlay reserves the right to determine the form and means of providing notifications to you.

Legal notices to us shall be served at the address provided in the contact section. Notice by us to you via email shall be deemed given twenty-four (24) hours after the email is sent, legal notice by mail to the physical address associated with your account shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

23. NO WAIVER AND FORCE MAJEURE

OwnPlay'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. OwnPlay will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.

24. 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. OwnPlay may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any Affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

25. SURVIVAL

You agree that the provisions of these Terms shall survive termination of the Services, for any reason whatever: Compliance with laws, Prohibited uses, Limitation of liability, Indemnification, OwnPlay's intellectual property rights, Term and termination, Agreement to arbitrate/class action waiver, and Governing law.

26. SEVERABILITY OF CLAUSES

​These Terms, the policies and any other agreements that are incorporated herein by reference, as amended, constitute the entire Terms between you and OwnPlay. 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.

27. LANGUAGE

You acknowledge that these Terms, and all related documents, rules and policies, have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.

28. CONTACT US

If you have any questions about these Terms or OwnPlay’s Services in general, please contact us at: [e-mail]. Subject to the content of your inquiry, OwnPlay may request that you provide additional information in order to allow the appropriate handling of your inquiry.