Ludeo Ltd. – Platform Terms of Use
General
1.1 These Terms of Use (the “Terms”) are a legally binding agreement between the User (“you”) and Ludeo Ltd., (“Company”, “us” or “we”). Please carefully read the following Terms before using the Ludeo Services to be fully aware of the legal rights and obligations of the User with respect thereto.1.2 These Terms govern your access to and use of the Ludeo Services, the services offered therein, and the Content (as such terms are defined below) and the features contained therein.
1.3 The term “including” is not intended to be exclusive and means “including without limitation”.
Definitions
For the purpose of these Terms:
“Account” means an account created on the Ludeo Services by the User, which is linked to the User’s External Account.
“Content” means any input or data uploaded, downloaded, displayed or otherwise available on the Ludeo Services, whether published and/or uploaded and/or posted by Company or by a User, including, but not limited to text, photographs, videos, Ludeos, or any other form of information.
“Creator” means a User that creates and publishes Ludeos via the Platform.
“Game” means any game that makes use of, or is able to be used with the Ludeo Services, as updated from time to time, of which Ludeos may be created.
“External Sites” means third-party websites, plug-ins or applications.
“Intellectual Property Rights” means all intellectual, moral, industrial and/or proprietary property rights, now or hereafter, recognized under any applicable law anywhere in the world, whether issued or pending, registered or unregistered, including, but not limited to (i) all forms of patents; (ii) inventions, discoveries, (whether patentable or not); (iii) rights associated with works of authorship, including but not limited to copyrights and mask works; (iv) trademarks and service marks, trade names, domain name registration; (v) designs (whether or not capable of registration), design rights; (vi) database rights; (vii) trade secrets and know-how; (viii) all rights to confidential or proprietary information; any rights analogous to those mentioned herein; all derivative works thereof; and any current or future applications, renewals, extensions, provisionals, continuations, continuations-in-part, divisions, re-exams and reissues thereof, and all of the tangible embodiments thereof;
“Ludeo” means a segment of a User’s gameplay in a Game, which is published on the Platform or Ludeo Cloud by the Company or by a Creator, and which other Users may view and/or play in.
“Ludeo Services” means the following services offered by the Company and any services offered therein:
a) the “Platform” – the Company’s proprietary playable social media platform, which is developed, managed and made available by the Company as a web-based platform service via the internet (available at beta.ludeo.com and/or https://playable.ludeo.com/ and their subdomains), which allows its users to create, play, and share Ludeos and engage with other users;
b) the “Ludeo SDK” – a software development kit offered by the Company to game studios and embedded in their games; and
c) the “Ludeo Cloud” – a cloud-based software-as-a-service offered by the Company using a third-party provider, that provides users the ability to experience some of the services offered on the Platform.
The Ludeo Services may include the ability to view, use, upload and/or download Content, and any other action, service or item supported by or available through the Ludeo Services.
“User” means any person or entity installing, accessing or using the Ludeo Services, including a Creator.Accepting the Terms of Use
3.1 These Terms shall become effective between you and the Company as of the date on which you first commence use of, or otherwise access, the Ludeo Services or any part thereof (“Commencement Date”). Upon accessing the Ludeo Services, you hereby accept the terms and conditions contained herein and agree to be bound by these Terms with respect to the access and use of the Ludeo Services and the services offered therein.3.2 The Company’s Platform Privacy Policy https://www.ludeo.com/pm-privacy-policy, applies to the use of the Ludeo Services. By using and/or accessing the Ludeo Services you represent and warrant that you have read and understood the Privacy Policy and agree to its terms.
The Ludeo Services
4.1 You expressly acknowledge and agree that any access to, or use of, the Ludeo Services and/or any Content, and any consequences thereof, are at your sole risk, responsibility and liability and shall be in accordance with these Terms.4.2 The form and/or features of the Ludeo Services may change from time to time without prior notice, as well as the Games displayed in the Platform and/or the Ludeo Cloud and/or of which Ludeos may be created, and the Ludeos created in such Games may be inaccessible or removed.
4.3 Company may stop (permanently or temporarily) operating the Ludeo Services and/or the services offered therein and/or displaying any of the Content (or any parts thereof) for any reason, at Company’s sole discretion, and/or restrict or terminate the use of, or access to, the Ludeo Services, the services offered therein and/or any Account if Company believes that the User is in violation of any provision of these Terms and/or if required to do so in order to comply with any applicable laws, statutes, directives, regulations or any other legislation, code of practice or regulatory rules in force in any applicable legal jurisdiction, without liability to Company.
Problems with the Ludeo Services
5.1 The Company does not assure compatibility of the Ludeo Services and/or its features with any specific devices or software you may use, nor does it guarantee that the services offered therein will operate without interruptions or errors. It should be noted, however, that the Ludeo Services are primarily intended for use on PCs and smartphones.5.2 The Company shall not be liable, regardless of the cause or duration, for inability to use the Ludeo Services and/or the services offered therein or any part thereof with respect to certain Games or at all, and/or for any errors, inaccuracies, omissions, or other defects in, the information contained in the Ludeo Services (including the reliance upon any such information), or for any delay or interruption in the transmission thereof to you, or for any related claims or losses.
Accounts
6.1 You represent and warrant that any information that you provide to the Company, including upon the creation or activation of an Account, shall be current, complete, and accurate.6.2 Each Account is designated for use by one individual User.
6.3 To create an Account, you must first have an account on an external authentication service such as Google, Apple, Steam etc. (“External Authentication Service” and “External Account”, respectively), the details of which you will be required to provide upon creation of your Account. Any account and/or relationship that you have with such External Authentication Service, and your use thereof, are subject to the terms of use and/or agreements into which you entered with the External Authentication Service. The Company shall have no liability to you or to any third party with respect to any misuse of your External Account or any breach of your obligations to the External Authentication Service and/or any third party.
6.4 If you terminate your External Account, you will no longer be able to use some features on the Ludeo Services. If you wish to terminate your Account as well, please contact us using the contact details below.
6.5 You may not use or share anyone else’s Account or permit anyone else to use or share his/her Account. You are solely responsible for maintaining the confidentiality of your Account password, and you shall notify the Company immediately of any unauthorized access or use of an Account or any other breach of security. Company will not be liable for any loss or damage resulting from the use of an Account or an Account password by any person other than the User, and the User will be held liable for losses incurred by the Company and/or any third party as a result of such use.
6.6 Other Users of the Platform will be able to view and/or follow your activity over the Platform, including, for example, comments that you made, Ludeos that you played and the scores you achieved in Ludeos.
The Content
7.1 The Company does not warrant against deletion of any Content or the failure to recreate or re-upload any Content to or on the Ludeo Services whether it was published and/or uploaded by the Company, by a Creator or by any other person or entity.7.2 The Company does not guarantee and/or warrant that the Content is true, accurate, up-to-date, appropriate for use and/or compatible with any law, regulation or other legal requirement.
7.3 Any use of the Content and/or the services offered therein is at your own risk. You are solely responsible and liable for any act or omission (including any decision and/or transaction) based on the Content. The Company bears no responsibility whatsoever with respect to any Content and/or any such act or omission.
7.4 The Company shall be entitled to remove any Content, at its sole discretion, for any reason whatsoever, including for example, any Content that the Company finds to be inappropriate, offensive, or in violation of these Terms.
7.5 You are solely liable for the accuracy and/or reliability of any Content that you publish, share, present, upload and/or disseminate through the Ludeo Services.
7.6 The Company shall have the right to collect and analyze data relating to the provision, use, and performance of various aspects of the Ludeo Services and services offered therein (including, without limitation, information concerning Content and data derived therefrom), and the Company will be free to (i) use and otherwise exploit such information and data to monitor, improve and enhance the Ludeo Services and the services offered therein and for other development, diagnostic and corrective purposes in connection with the Ludeo Services and services offered therein, and (ii) use, reproduce and disclose information, data and material (including Content) that is anonymized, de-identified, aggregate or otherwise rendered not reasonably associated or linked to a User (“De-Identified Data”) for product improvement and other lawful purposes, and such De-Identified Data will be owned by Company, and Company shall have no obligation to pay royalties or any other payment whatsoever with respect thereto.
7.7 You acknowledge that your access to the Content through the Ludeo Services will be revoked following the expiration or termination of the Ludeo Services or these Terms.
Creation of Ludeos
8.1 The creation and play of Ludeos are free of charge.8.2 Creators may create Ludeos on our Platform only for the Games available on the Platform. When creating and/or publishing a Ludeo, the creator must ensure that such Ludeo does not infringe any rights, including intellectual property rights, of any third party.
8.3 Creators shall be solely liable with respect to any claims related to Ludeos created by them, and the Company shall bear no such responsibility whatsoever with respect thereto. Notwithstanding the foregoing, the Company may, at its sole discretion and without prior notice, remove a Ludeo that does not comply with these Terms and/or other terms or policies published by the Company.
Limited License
9.1 Company hereby grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalties-free license to access and use the Ludeo Services, the services offered therein and the Content, all under the condition of complying with all obligations under these Terms (the “License”).9.2 The License is personal and may be used only by a single identified User for his/her Account.
9.3 Except as explicitly mentioned herein, no other rights, implied or otherwise, are granted.
External Sites
10.1 The Ludeo Services may enable access to External Sites, e.g an external 2FA verification page.10.2 Use of an External Site is subject to the terms of use of such External Site.
10.3 The User acknowledges and agrees that Company is not responsible for any External Site, and shall have no liability or responsibility whatsoever to the User or any third party regarding any access to and/or use of any External Site or any content therein.
Restrictions on Content and Use of the Ludeo Services
11.1 You represent and warrant that:a) you are at least 13 years old, and if you are between the ages of 13-18 (or older, if otherwise required by the laws of the country where you reside, to be authorized to accept these Terms without the approval of a parent or a legal guardian), you are accepting these Terms with the approval of a parent or a legal guardian;
b) you are not a person who is either barred or otherwise legally prohibited from receiving the Ludeo Services or the services offered therein under the laws of the country in which you are a resident, under the laws of which you are conducting business, or from which you use of or access the Ludeo Services; or
c) your access to or use of the Ludeo Services are consistent with these Terms and all applicable laws, rules and regulations.
11.2 The User shall not do any of the following while accessing the Ludeo Services or using the services offered therein, directly or indirectly:
a) use the Ludeo Services and/or the services offered therein other than in compliance with these Terms and all applicable local, state, federal, and national, laws, statutes, ordinances, rules and regulations;
b) facilitate or encourage any violation of these Terms;
c) except as otherwise provided in these Terms, copy, reproduce, print, download or save a copy, republish, display, perform, advertise, distribute, transmit, broadcast, decompile, reverse engineer, disassemble, attempt to derive the source code of, adapt, modify, create derivative works from, sell, rent, lease, license, loan or otherwise make available or exploit in any form or by any means all or any portion of the Ludeo Services or any Content, for any purpose;
d) remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in the Ludeo Services;
e) use the Ludeo Services for any unlawful purpose or for promotion or facilitation of illegal activities, including gambling;
f) use the Ludeo Services in a way that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, including when posting on the Ludeo Services;
g) use the Ludeo Services for interfering with, or disrupting (or attempting to do so), the access of any person, host or network, including, without limitation, by uploading and/or sending software viruses or any other computer code, files or program designed to interrupt, destroy or limit the functionality of any computer software or hardware; overloading, flooding, spamming, mail-bombing; or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Ludeo Services;
h) do anything that could disable, overburden, or impair the proper activity of the Ludeo Services;
i) provide any false information upon registration to the Ludeo Services or when updating or creating any Content;
j) attempt to obtain and/or access an Account (or login credentials) of another person;
k) use the Ludeo Services for the benefit of a person other than the User;
l) use the Ludeo Services in a manner that violates or infringes any rights of any third party, including but not limited to, privacy rights, publicity rights or Intellectual Property Rights, including with respect to the Games;
m) circumvent, disable or otherwise interfere with security-related features of the Ludeo Services or features that enforce use limitations;
n) use any robot, spider, or other automated device, process or means to access, retrieve, scrape or index any portion of the Ludeo Services and/or services offered therein;
o) deep-link to the Ludeo Services and/or the services offered therein without the Company’s consent;
p) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Ludeo Services;
q) disclose to any third party any Content without the Company’s advance written consent to disclose;
r) access or use any part of the Ludeo Services or the services offered therein for competitive analysis or to build a product or service which competes with the Ludeo Services or services offered therein; or
s) use the Ludeo Services or services offered therein in a manner that could otherwise cause damage to Company or any third party.
No Warranty
12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LUDEO SERVICES, THE SERVICES OFFERED THEREIN AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LUDEO SERVICES, THE SERVICES OFFERED THEREIN AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.12.2 Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you in such jurisdictions.
Limitation of Liability
13.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, RESULTING IN ANY WAY FROM (I) USER’S ACCESS TO, OR USE, INABILITY TO USE, OR RELIANCE ON THE LUDEO SERVICES, THE SERVICES OFFERED THEREIN, ANY CONTENT AND/OR EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY CONTENT INCLUDED IN THE LUDEO SERVICES AND/OR IN ANY EXTERNAL SITE, (III) ANY OTHER MATTER RELATING TO THE LUDEO SERVICES, THE SERVICES OFFERED THEREIN, THE CONTENT AND/OR ANY EXTERNAL SITE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, OR FOR (C) ANY THIRD PARTY CLAIMS AGAINST THE USER. NOTWITHSTANDING THE AFORESAID, NOTHING HEREIN EXCLUDES OR LIMITS LIABILITY FOR ANY MATTER FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE OR LIMIT, OR TO ATTEMPT TO EXCLUDE OR LIMIT LIABILITY.13.2 IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO THE USER, AND/OR ANY THIRD PARTY, FOR ALL DAMAGES, EXCEED IN CONNECTION WITH THE LUDEO SERVICES, THE SERVICES OFFERED THEREIN AND/OR THE CONTENT (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TEN U.S. DOLLARS (U.S. $10).
13.3 Any cause of action by the User with respect to the Ludeo Services and/or the services offered therein, must be instituted within one (1) year after the cause of action arose.
13.4 Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you in such jurisdictions.
Indemnity
You shall indemnify and hold the Company and its directors, officers, employees, agents, partners, and licensors harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand or claim brought against Company by any User or any third party, as applicable, due to or in connection with any Content that was published, posted and/or uploaded to the Ludeo Services, use of the Ludeo Services or the services offered therein, violation of these Terms and/or any applicable law, and/or violation of any rights of another party.Ownership
15.1 You hereby acknowledge that all Intellectual Property Rights, ownership, title and interest in the Ludeo Services and the Content (excluding External Sites) and the related patent rights, copyrights, trade secrets, trademarks and all other related Intellectual Property Rights, are and shall remain the sole and exclusive property of the Company (and/or its licensors), except for any Intellectual Property Rights in the Games, which lay with the owner of the applicable Game. Without derogating from the foregoing, Company reserves all proprietary rights in and to all designs, engineering details and other data pertaining to the Ludeo Services and the Content. The User (including a Creator) shall, and hereby does assign, transfer, and otherwise convey to the Company, irrevocably and in perpetuity, throughout the universe, all right, title, and interest in and to any Ludeo it has created in the Ludeo Services, including all Intellectual Property Rights therein.15.2 The Ludeo Services contains proprietary information, material and trade secrets that are owned by Company or by third parties, and are protected by applicable intellectual property and other laws, including but not limited to copyright.
15.3 All copyrights in and to the Ludeo Services and the Content (excluding External Sites and in connection with the Games), shall be owned solely and exclusively by Company (and/or by its licensors), who reserve all their rights in law and equity. You are not granted with any right and/or license, or ownership including any copyright, trademark or other Intellectual Property Rights to the Ludeo Services or to any Content, other than as explicitly set forth in these Terms.
15.4 THE USE OF THE LUDEO SERVICES, THE SERVICES OFFERED THEREIN, THE CONTENT OR ANY PART THEREOF, OTHER THAN AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF COMPANY AND/OR OF OTHERS AND MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
15.5 Company reserves all rights not expressly granted under these Terms.
15.6 You agree that the “Ludeo” trademark, trade name, service mark, graphics, logo and other brand features used in connection with the Ludeo Services and the services offered therein, are trademarks or registered trademarks of Company (collectively, the “Company Marks”). Nothing in these Terms gives a right to use or display Company Marks in any manner.
15.7 You may, at your sole discretion, provide your input regarding the Services and/or the Ludeo Services, including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of the Services, products and/or services (collectively “Feedback”). We shall be entitled to use Feedback for any purpose without notice, restriction or remuneration of any kind to you and/or your representatives. The use of the Feedback, if any, shall be at Company’s sole discretion, and Company, in no way, shall be obliged to make use of any kind of the Feedback or part thereof. Company shall be the sole owner of any rights in any inventions, developments, improvements, know-how, concepts, techniques, or other intellectual property rights in the Feedback and/or developed or conceived by Company as a result of any Feedback and you hereby permanently assign to Company, any ownership rights and any other right in the Feedback and waive any moral rights you may have thereto. You acknowledge and agree that you will not improperly use or disclose to us any confidential information or trade secrets of any third parties and will not breach any obligation of confidentiality that you may have to any third party.
Submitting Information to Us
16.1 Our Platform Privacy Policy https://www.ludeo.com/pm-privacy-policy describes how we handle personal data.16.2 We do not want to receive confidential or proprietary information from you through the Ludeo Services unless you have another written agreement with us related to the sharing of such information. Any information that we receive through the Ludeo Services will be deemed as NON-CONFIDENTIAL.
16.3 BY TRANSMITTING TO US INFORMATION VIA THE LUDEO SERVICES OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH US RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT WE MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU.
Notifications and Promotional Offers
17.1 By using the Ludeo Services, you agree to receive marketing communications from us in the Ludeo Services or via other means (e.g., email), unless you have opted out of receiving such marketing communications. You can change your contact preferences at any time by sending us an email with your request to the email that appears in the Contact Information section below. If you wish to stop receiving marketing communications from us, you may ask us to stop sending you marketing communications at any time by following the opt-out link on any marketing message sent to you or by contacting us.17.2 By using the Ludeo Services, you also agree that we can send notifications via email regarding your activity, or activity relating to you, in the Ludeo Services. You may ask us to stop sending email notifications to you at any time by contacting us.
Security
18.1 Violations of system or network security may result in civil or criminal liability. You are prohibited from violating or attempting to violate the security of the Ludeo Services, including, without limitation, (i) accessing data not intended for you or logging on to a third party’s server or Account that you are not authorized to access; or (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).18.2 WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL IN CONNECTION WITH YOUR USE OF THE LUDEO SERVICES OR SERVICES OFFERED THEREIN.
Termination
19.1 These Terms shall be binding upon you as of the Commencement Date, and for as long as you continue to use the Ludeo Services, and shall remain in effect until the expiration or replacement of these Terms with new terms (consensually or pursuant to the provisions of these Terms).19.2 Without derogating from Company’s right to terminate these Terms, Company, at its sole discretion, without notice to you, may terminate these Terms or otherwise restrict your access to the Ludeo Services, upon failure of you or anyone acting on your behalf to comply with any of the provisions of these Terms, without prejudice to the right of Company to be indemnified for its damages and for any other right and remedy. The Company may (but shall not be obligated to) send you a notification explaining the reasons for such termination or restriction. It is hereby clarified, that although the Company has no obligation to monitor your use of the Services and/or any Content that you post to the Ludeo Services, the Company may do so at its own discretion (including the use of third party content moderation services). The Company may terminate these Terms, as detailed above, if Company believes that any use of the Ludeo Services or the Services offered therein may be (or is alleged to be) in violation of these Terms, or applicable laws, regulations, guidelines, professional standards, codes of conduct, etc.
19.3 In the event of termination, the Company may also remove the User from the Company’s mailing list, as well as the Company’s Discord server or other communication methods.
19.4 In all such cases, these Terms shall terminate, but the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of Sections 11, 12, 13, 14, 15, 19, 20, 21 and 22, shall survive such termination for any reason and shall continue to apply.
19.5 Upon termination of these Terms: (a) the License shall immediately expire; (b) the User shall cease any use of the Ludeo Services and/or the services offered therein; (c) the User will lose any access to the Content; and (d) The Company reserves the right (at its sole discretion) to permanently delete any Content at any time following the effective date of termination of these Terms, and you hereby waive any rights and/or remedies with respect to such deletion of Content.
Unlawful activity
20.1 You may not use this Ludeo Services or the services offered therein, other than in accordance with the laws of the State of Israel and the jurisdiction from which you are accessing and/or otherwise using the Ludeo Services or the services offered therein.20.2 We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities.
Governing Law and Jurisdiction
21.1 These Terms shall be governed and construed in accordance with the laws of the State of Israel without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.21.2 You hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the above, you agree that the Company shall still be allowed to apply for injunctive remedies in any jurisdiction.
Miscellaneous
22.1 Entire Agreement. These Terms contain the complete agreement between you and Company regarding your use of the Ludeo Services and/or services offered therein and supersede and replace all prior or agreements or understandings, written or oral, with respect thereto.22.2 Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms remain in full force and effect.
22.3 Waiver. No waiver on the part of the Company of any right under these Terms shall be effective unless in writing and signed by Company’s duly authorized representative. No waiver on the part of the Company of any past or present right arising from any breach or failure to perform shall be deemed as a waiver of any future right arising under these Terms.
22.4 Assignment. You may not assign, subcontract or otherwise transfer any of your rights and/or obligations under these Terms. The Company may assign and/or subcontract some or all of these Terms to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms shall be binding upon the parties hereto and their respective successors and permitted assigns.
22.5 No Third-Party Beneficiaries. These Terms do not create any obligation of the Company to any third party, nor shall they be deemed to create any rights or causes of action on behalf of any third party.
22.6 Changes to these Terms. The Company may change these Terms from time to time, at its own reasonable discretion and encourages you to review them periodically. The Company will provide the User with written notice of substantial changes to these Terms on the Platform or in a similar manner. Such substantial changes will take effect fourteen (14) days after such notice was provided, or as required by law. All other changes to these Terms are effective immediately upon publication of the updated Terms on the Platform or in a similar manner. Your continued use of the Ludeo Services and/or services offered therein after the publication of the updated Terms will be deemed acceptance of any and all such changes.
Contact Information
In case of any questions or comments regarding these Terms, please contact Company at: service@ludeo.com.
This version was last updated on Oct 15, 2024