Terms of Use
Welcome to the NRS Magic’s service (the “Service”, as more fully described below). The Service is owned and operated by NRS Magic Ltd. (the “Company”, “we“, “our“, or “us“).
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS” OR “TERMS OF USE“), BECAUSE THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR ENTITY ACCESSING OR USING THE SERVICE, AND THE COMPANY. BY ACCESSING THE SERVICE OR BY USING IT IN ANY OTHER MANNER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE IN ANY OTHER MANNER.
About the Service
The Service offers mobile apps, games, websites and related services.
From time to time, we may offer additional means of accessing and using the Service. Such additional means may be governed by different terms of service, not these Terms.
Grant of right
Subject to the Terms, we grant you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sublicense-able right to use the Service for as long as we, at our sole discretion, decide to offer it, strictly for obtaining and using the Service for your own private and personal purposes.
Acceptable use
When using the Service, you agree to abide by any usage guidelines we may convey to you from time to time and by all applicable local and international laws, regulations and rules. You further agree that you are solely responsible for all acts and omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf as well as for all consequences resulting from such acts or omissions, including, without limitation, your choice to share the results that the Service generates with anyone else via social networks or otherwise.
Restrictions
YOU MUST NOT USE THE SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSE OR IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS, INCLUDING BUT NOT LIMITED TO, PROVIDING THE SERVICE TO THIRD PARTIES BY RESELLING, LICENSING, RENTING, LEASING, TRANSFERRING, LENDING, TIMESHARING, ASSIGNING, MIRRORING, REDISTRIBUTING OR DISPLAYING THE SERVICE OR ANY PART THEREOF.
You may not –
• Modify any material or content we make available on the Service;
• Modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Service software code;
• Interfere with, burden or disrupt the functionality of the Service;
• Circumvent, impair or manipulate the operation or functionality of the Service;
• Work around or circumvent any technical limitations in the Service or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
• Link to the Service from any web page;
• Engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Service;
• Violate or breach these Terms or any other applicable instructions or guidelines we convey to you;
• Impersonate any person or entity, or engage in any false, misleading or deceptive acts or practices pertaining to the Service or to your identity, agency or affiliation with any person or entity, including, but not limited to the Company;
• Breach the security of the Service, or any network or server used by the Service, or identify any security vulnerabilities thereof;
• Use the Service for or in connection with any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, foreign law or industry standard, including, without limitation, any applicable laws and regulations governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising; or
• Use the service for or in connection with any activity that will be deemed, or encourage activity that will be deemed threatening, harassing, anti-competitive, misleading, deceptive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable.
You may not access the Service in order to develop or create a similar or competitive product or service.
Links
The Service and the website it is provided through may contain links to other websites, information or content provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral.
By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility for such third party websites or content, or their availability or for any transactions made between you and such third party websites. We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third party websites or content.
Advertisements
We may include in the Service paid advertisements on behalf of interested vendors. By clicking the advertisements you may be shifted to a service of the advertiser or receive any other messages, information or offers from the advertiser.
We are not responsible for such advertisements, the privacy practices of the advertiser or the content of their service, information, messages or offers. You are fully responsible for all communications with advertisers and to all transactions taking place subsequently. You understand that the advertisements of those vendors do not constitute a recommendation or encouragement by us, to procure the goods or services advertised.
If you do not wish to receive ads delivered by third party vendors you may visit the privacy policies of the third party vendors (as further specified below) or stop using the Service.
This list of Third Party Services may change. We will periodically update this policy and you are advised to review this policy from time to time, or contact us at: contact@nrsmagic.com to receive the updated list of Third Party Services.
Payment Information
Purchasing in-app items are available directly via Google Play. We do not take part in the purchase process, and we do not provide any warranty or assume any liability for the process. We do not collect or store any payment information from you. All purchases are final and are not refundable, except as required by law.
Intellectual Property
All rights, title and interest in and to the Service, including any articles, images, audio, video, graphic design, data and its processing, source code, markup code, and any other detail concerning the Service’s operation, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, work methods, processes and other intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to the Company. Unless as expressly provided, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service.
Unless as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service or any part thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without our prior, express written authorization.
Trademarks in the Service (whether registered or not), the name of the Company and its trademarks as well as the Service’s domain name – are the sole property of the Company. It is forbidden to use them without the Company’s prior express written consent
Without derogating from the foregoing, you may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of our trademarks, service marks and logos. You must avoid any action or omission that may dilute, or tarnish our goodwill.
Changes and Availability
We may from time to time change the Service’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this character by their very nature are likely to result in glitches or cause inconvenience of some kind. You will not have any plea, claim or demand whatsoever against us resulting from the introduction of aforesaid changes or from glitches or any kind of failure resulting from their introduction.
Termination of Service’s operation
We may, at any time and at our sole discretion, discontinue, temporarily or permanently, the operation of the Service, or any part thereof. We are not obligated to give any notice prior to such discontinuation.
At any time, the Company may block, remove or delete any content from the Service without maintaining any backup copy.
Changes to Terms
From time to time, we may change the Terms, upon reasonable prior notice that we will conspicuously post on our website. We may change the Terms with no prior notice, if the change is necessary to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting or as required. We advise you to periodically review our Terms, as they may change from time to time.
Disclaimer of Warranty
THE SERVICE IS PROVIDED FOR USE “AS IS”, WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER.
We will make efforts to have the Service running efficiently and accessible at all times. However, the Service’s operation is dependent upon various factors such as software, hardware and communication networks. By their nature, these factors are not fault free. We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from all harmful components, or that it is safe, secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures, originating either in us or any other provider. Such incidents will not be considered a breach of these Terms.
Limitation of Liability
WE, INCLUDING OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE OR THE WIDGET, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR OWN RELIANCE ON THE CONTENT OR ON MATERIAL ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH US IN CONNECTION WITH THE SERVICE – WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.
Indemnification
You will indemnify, defend and hold harmless us, our managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on our behalf in respect of any claim, demand, damage, loss, loss of profit, payment or expense they incur in connection with your breach of these Terms or an unlawful or tortuous action or inaction by you with respect to the Service. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.
Governing Law and Jurisdiction
These Terms, the Service, and any claim, cause of action or dispute arising out of or related thereto, will be governed solely by the laws of the State of Israel, regardless of your country of origin or where you access the Service, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the State of Israel.
The competent courts in the Tel Aviv district in Israel will have sole and exclusive jurisdiction over any claim in connection with the Service and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the exclusive jurisdiction of the above mentioned courts, agree to accept service of process by any means permitted by the applicable law and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.
General
These Terms constitute the entire agreement between you and us, with respect to the subject matter herein, and supersede any and all prior agreements, negotiations and understandings, whether written or oral.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms or pursuant hereto will be effective unless effected in writing and expressly.
No Assignment
You may not assign or transfer your rights and/or obligations under the Terms. Any attempted or actual assignment or transfer by you will be null and void. We may assign or transfer our rights and obligations under the Terms to any third party, provided that your rights under the Terms are not compromised by such assignment or transfer.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
Contact Us
You may contact us with any question about the Service, through the channels listed at: contact@nrsmagic.com. We will make efforts to address your inquiry promptly.
Last Updated: September 13th, 2018.