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.

5. User Content Representations and Warranties. Each User is solely responsible for its User Content and the consequences of using or publishing it. In connection with User Content, you affirm, represent, and warrant that: (i) you comply with the Instagram Terms of Use at http://instagram.com/about/legal/terms; (ii) you will not use Content that you believe or should reasonably know that (a) infringes or misappropriates the rights of any third party, including, without limitation, any copyright, trademark, patent, or other intellectual property or proprietary right; (b) includes slander, defamation, libel, or that invades the right of privacy, publicity or other property rights of any other person; (c) violates any applicable law or regulation. Whenever you make use of a feature that allows you to share or choose Content (including your personalized games ), add links, or to interact with other users, you must comply with the conditions and privacy policy set forth herein and with those published by the social network website upon which such Content is shared/displayed (Facebook, Twitter etc

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.

9. Prohibited Uses. You are solely responsible for all of your activity in connection with the Application and Service. You must comply with all laws and regulations that are applicable to your use of this Application. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service. You will not (and shall not permit any third party to) either (a) take any action or (b) solicit, use, distribute or facilitate distribution of any Content or User Content (as defined above) on or through the Service that: (i) is illegal, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as Wizits may determine in its sole discretion; (ii)  infringes or misappropriates any intellectual property rights or proprietary right of any third party; violates any right of privacy or right of publicity, of any third party ,or (iii) violates applicable laws or the terms of use of Instagram;  (iv) contains any harmful or malicious Application that are designed to damage, interfere with, or limit, the proper functionality of the Application, or that enables to obtain unauthorized access to the Service; or (vi) impersonates any individual or entity, including, without limitation, employees or representatives of Wizits.

10. Your Friends and Contacts. You acknowledge that upon using the Service you agree to allow us to access your friends list via the social network site where you downloaded the Application. If you choose to use your friends’ Content by means of the Service you agree that Wizits may obtain your friend’s email from your contact list or ask that you provide us with your friend's email address. This information will be used only to send a one-time message to your friend notifying him or her of your request and inviting them to join the Service. You agree that Wizits may store anonymous information provided during the search of your friends subject to the terms of our Privacy Policy.

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.

14. Consent to Use of Data. By using the Application, you acknowledge that you have reviewed and agreed to Wizits’ Privacy Policy [insert link]. YOU AGREE THAT WIZITS MAY COLLECT AND USE PERSONAL INFORMATION AS WELL AS NON-PERSONAL INFORMATION SUBJECT TO THE TERMS OF THE PRIVACY POLICY.

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.

19. Term and Termination. This Agreement is valid as of the date you started using the Application. Without prejudice to any other rights, this Agreement and your right to use this Application automatically terminates if you fail to comply with any provision of this Agreement, the Instagram terms of use or the terms of use that we publish through the Application. Wizits may terminate this Agreement at any time with or without prior notice. You may stop using the App and un-install it if you wish to terminate this license. Upon termination of this Agreement the license granted to you in this Agreement shall expire and you shall cease using the Application and remove it from your devices.

20. General. This Agreement including our privacy policy and the terms and conditions published through the Application, if any, constitute the entire agreement between the parties and may not be modified except by a written agreement signed by Wizits. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect.  You may not assign this Agreement without Wizits’ prior written approval. Wizits shall be entitled to assign this Agreement at its discretion. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.  This Agreement shall be governed by and construed in accordance with the laws of the State of New York which state shall have jurisdiction over any dispute arising from this Agreement. Sections 2, 8, 12, 13, 17, 18 and 20 shall survive the termination of this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. I HAVE READ AND UNDERSTOOD THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS. Please indicate your acceptance by clicking 'I ACCEPT' or “REGISTER”. Copyright Infringement (Notice and takedown) 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 copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(2), named below: 1. A physical signature of the person authorized to act on behalf of the owner of the copyright; 2. description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the Service; 4. Your address, telephone number, and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Copyright Agent: Wizits Ltd. [email + address]

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