End User License Agreement
End User License Agreement PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE Win Fun APPLICATION ("Application"), AND INDICATE YOUR ACCEPTANCE BY CHOOSING “I ACCEPT”. THE APPLICATION IS COPYRIGHTED AND LICENSED (NOT SOLD). BY CHOOSING “I ACCEPT”, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT IS BETWEEN YOU AND WIZITS LTD. ("Wizits") ONLY. IF YOU DO NOT AGREE TO THIS AGREEMENT DO NOT USE THE APPLICATION.
1. License Grant. Subject to the terms herein, Wizits hereby grants you (“you” or “User”) a limited, personal, non-exclusive, non-transferable, non sub-licensable right to use the Application in order to play games that include Content imported from Instagram. You may share your personalized games as edited by you with the public (i.e. identified or un-identified public). The foregoing actions enabled by means of the Application shall be hereinafter referred to as “Service”. For avoidance of doubt, this license is limited to a personal private use and is not intended to permit professional or commercial use of the Application. The term "Application" shall include all revisions, improvements, new releases and/or updates and related documentation all to the extent provided by Wizits under this Agreement.
2. Restrictions. THE APPLICATION IS LICENSED NOT SOLD. Other than the rights explicitly granted in this Agreement, you shall have no other rights, express or implied, in the Application. Without limiting the generality of the foregoing, you agree and undertake not to: (i) sell, lease, sublicense or distribute the Application, or any part thereof, or otherwise transfer the Application; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to access the Application’s source code; (iii) modify, revise, enhance, or alter the Application; (iv) copy or allow copies of the Application to be made; (v) place the Application onto a server accessible for use by any third party; (vi) represent that you possess any proprietary interest in the Application; (vii) use the Application in any illegal manner or for unlawful purposes.
3. Instagram. This Application uses the Instagram API but is not endorsed or certified by Instagram. All Instagram™ logos and trademarks displayed on this Application, if any, are the property of Instagram.
4. Content and User Content. For purpose of this Agreement, the term "Content" may include, without limitation, video, audio clips, written comments, information, data, text and literary works, photos, software, graphics, in static or interactive feature, sound recordings, personalized games (including slot machines) or any other content made available through the Service. The Service enables you to choose add, use and distribute certain Content, including, without limitation Content that is imported from Instagram (collectively "User Content"). Wizits does not guarantee that any User Content will be made available through the Service. You acknowledge that Wizits cannot guarantee any anonymity or confidentiality with respect to any User Content that it is strongly recommended that you carefully choose the User Content that you use. You further acknowledge that all User Content is provided for free and is the sole responsibility of the person from whom such User Content originated. This means that the person who made such Content available through Instagram and not Wizits, is entirely responsible for all such Content that you use or make available through the Service.
6. Rights in User Content. WIZITS DOES NOT OWN ANY USER CONTENT, the users who made the Content available via Instagram own or has license in such Content. Access and use of Content that is not yours must comply with the owner’s requirements and restrictions. Any Content imported onto the Service from Instagram must be ‘publicly available content’ with no restrictions on use. In any event you are solely responsible for making use of Instagram Content in compliance with the photo owners’ requirements and restrictions. WIZITS DOES NOT MONITOR OR CONTROL CONTENT IMPORTED FROM INSTAGRAM AND CANNOT BE RESPONSIBLE FOR SUCH CONTENT. ANY USE OR RELIANCE ON ANY CONTENT OBTAINED BY YOU THROUGH THE SERVICE IS AT YOUR OWN RISK. Wizits reserves the right to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever.
7. License to your User Content. By using the Application you hereby grant Wizits and its affiliates, sublicensees, partners, designees, and assignees of the Service a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, host, share, publicly perform, publicly display, edit, delete, modify, reformat, translate and prepare derivative works based upon User Content owned by you (“your User Content”), and/or otherwise exploit your User Content including your trademarks and logos included therein in connection with the Service and/or Wizits' (and its successors’) business, including, without limitation, in connection with marketing promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of so-called "moral rights" or attribution with respect to your User Content.
8. Inaccurate or Offensive User Content. You understand that when using the Service, you may be exposed to Content from a variety of sources, and that Wizits does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such Content. You may be exposed to Content that is inaccurate, offensive, indecent or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST WIZITS WITH RESPECT THERETO. WIZITS DOES NOT MONITOR OR CONTROL THE CONTENT AND IS NOT RESPONSIBLE FOR IT.
11. Copyright Infringement. We respect the intellectual property rights of others and require that those who use the Service do the same. If you believe that your proprietary work has been infringed by means of the Service in a way that constitutes copyright infringement, please please contact us at [insert email]. Please see our notice and take down procedure at [insert link – see below].
12. Indemnity. UNDER NO CIRCUMSTANCES WHATSOEVER WILL WIZITS, INSTAGRAM OR THE SOCIAL NETWORK SITE WHERE YOU ACQUIRED THIS APPLICATION BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CONTENT AND/OR THE APPLICATION. You shall indemnify, defend, and hold harmless Wizits, and its directors, officers, and employees from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from a third-party claim due to or arising out of Content you elect, use or disctribute through the Service. Wizits shall make reasonable efforts to notify you of any such claim made against it.
13. Title & Ownership. The Application and Service including certain Content provided by Wizits or its licensors (“Wizits Content”) are protected under patent and copyright law. The Application and Service include valuable trade secrets of Wizits and any disclosure or unauthorized use thereof will cause irreparable harm and loss to Wizits. All right, title and interest in and to the Application, Service, Wizits Content and any derivatives thereof, modifications thereto and associated intellectual property rights, evidenced by or embodied in and/or attached/connected/related thereto are and will remain owned exclusively by Wizits and/or its licensors. This Agreement does not convey to you an interest in or to the Application, Service or Wizits Content but only a limited right of use in accordance with the terms herein. Nothing in this Agreement constitutes a waiver of Wizits' or any of its licensors’ intellectual property rights under any law.
15. Maintenance and Support. We may provide you with support if and as made available to all our Users.
16. Limited Warranty. THE APPLICATION AND SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIZITS DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE REGARDING THE APPLICATION OR ANY CONTENT YOU DOWNLOAD USING THE APPLICATION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE APPLICATION AND THE CONTENT MADE AVAILABLE THROUGH OR ON THE SERVICE REMAINS SOLELY WITH YOU. WIZITS DOES NOT WARRANT THAT THE APPLICATION, CONTENT OR ANY SUPPORT SERVICES WILL BE DELIVERED OR PERFORMED (IF PERFORMED) ERROR-FREE OR WITHOUT INTERRUPTION.
17. Limitation of Liability. IN NO EVENT SHALL WIZITS’ LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE APPLICATION EXCEED THE LICENSE FEES PAID BY YOU FOR THE APPLICATION, IF ANY, EVEN IF WIZITS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL WIZITS BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF CONTENT OR DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT WIZITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Suggestions and Feedback. It is understood that you may, at its sole discretion, provide Wizits with suggestions and/or comments with respect to the Application or Service (“Feedback”). You represent that you are free to do so and that you shall not knowingly provide Wizits with Feedback that infringes upon third parties' intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback shall belong exclusively to Wizits and that such shall be considered Wizits' Confidential Information. It is further understood that use of Feedback, if any, may be made by Wizits at its sole discretion, and that Wizits in no way shall be obliged to make use of any kind of the Feedback or part thereof.