Last Updated: May 1, 2023
In addition, you agree to the maximum extent permitted by applicable law, that any claim, dispute or controversy of whatever nature arising out of or relating to these Terms and/or you use of the Services shall be resolved by final and binding arbitration in accordance with the process described in section 16 below.
Ownplay's Services include an online platform for online games, using web applications and services that we may provide from time to time. Certain features and competitions may require you to register with Ownplay and create an account by providing us certain information about yourself.
We do not warrant that our Services will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Services, as updated from time to time.
Our Services are intended solely for users who are eighteen (18) years of age or older (unless the applicable age of majority in your state of residence is higher), and any registration, use or access to the Services by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. If we have any reason to believe that you are under the applicable legal age, we may terminate your account, delete any content or information that you have submitted to the Services, and prohibit you from using or accessing any portion, aspect or feature of the Services.
By accessing the and/or otherwise using the Services, you represent and warrant that you:
If you do not meet all these requirements, you must not access and/or use the Services, and we may suspend or close your account with or without notice.
When you create an account, you will be asked to provide certain information, which may involve: (a) registering a unique username and password; (b) providing contact information, such as your name, phone number, and email address; (c) payment and billing information; and (d) any other information we request on the account registration process. You may only register for a single account and may not use or access multiple accounts at the same time.
Your account is personal and gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. By using the Services, you agree to provide true and accurate information about yourself as required for use on the Services.
You are responsible for keeping your account information secure. Please do not share your account information with anyone. By registering an account, you agree to notify us immediately if you have lost control of your password or suspect there is unauthorized activity in your account. You remain fully liable for any actions taken in respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.
As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your account; or (ii) access the Services through your account.
We reserve the right to verify your account details, such as name, address, age, and payment methods used, at any time, by requesting certain documents or processing your technical data. These documents shall typically include an identity card, proof of address such as a utility bill, and proof of your payment method. If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a Public Notary. In the event our requests for documents are not completed by you, Ownplay may at its sole discretion terminate the account, and withhold any funds that are present therein.
We reserve the right at any time to investigate your account, including performing background checks and credit checks, to ensure compliance with these Terms and our obligations and to ensure that no improper or illegal activity is or has taken place. In the event that we determine that your account has been involved in any illegal or improper activity, we reserve the right to terminate your account without notice or liability.
You agree to promptly update any provided information or data or to provide additional items as part of our ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers of age verification and identification services to verify your account.
In order to encourage users to succeed in our games, we may publish data relating to the most successful users in the games according to various categories of users and statistics, as set upon our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.
You are solely responsible for your compliance with all applicable laws. You must comply with all applicable export and sanction laws and regulations and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such trade controls.
The trade controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine) or any country upon Ownplay's sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S. or E.U. governments, or by the jurisdictions in which the Services were obtained.
You may use the Services only for lawful purposes. You are solely responsible for all your activity in connection with the Services. You may not (and shall not permit any third party to) to either: (i) take any action; or (ii) upload, submit, post, or otherwise distribute or facilitate distribution of any content or user submission on or through the Services that:
You shall be solely responsible for any and all act or omission of any kind, including any content that you make available (by uploading or otherwise), via your account. As part of the license granted to you, you may not directly or indirectly, or authorize any person or entity to:
Anyone who engages in, participates in, or displays the behavior listed below can be considered by Ownplay and in Ownplay’s sole discretion as using unfair methods:
The above-mentioned behavior and any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation:
In addition to the foregoing, we reserve the right to disclose or report any money laundering or other illegal activity to law enforcement and regulatory authorities.
Any attempt to deliberately damage the Services is a violation of criminal and/or civil laws and should such an attempt be made, Ownplay reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.
You further acknowledge that the forfeiture and/or return of any prize as a result of a violation of these Terms shall in no way prevent Ownplay from pursuing criminal or civil proceedings in connection with any Abuse.
The Services may provide links to third-party websites, apps, services, offerings, products or other activities (“Third Party Services”) that are not owned or controlled by us. The links are provided to you as a convenience, and do not signify that Ownplay endorses or is liable in any way for the content, products, services or materials displayed or offered by such Third Party Services.
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 the Services, 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:
Subject to these Terms, Ownplay grants you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to run the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms.
The Services, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, virtual items, and any part thereof, including derivative works of Ownplay and other companies serviced by Ownplay are the property of Ownplay or their respective owners.
You agree, as a user of Ownplay’s Services, not to use, copy, reproduce, publish or borrow any other content or trademarked work without explicit permission from Ownplay. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services.
You may choose to, or we may invite you to submit your comments or feedback about the Services, including without limitation about how to improve our Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ownplay under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.
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, its parent companies, subsidiaries, or 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 Services; (iii) any action taken in connection with an investigation by Ownplay or law enforcement authorities regarding your use of the Services; (iv) any action taken in connection with copyright owners; or (v) any errors, omissions or defects in the Services' 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 Services.
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.
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 time, 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 players 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.
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: [email protected]. 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.
You agree to defend, indemnify, and hold Ownplay, its affiliates, officers, and employees 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:
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.
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 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.
In all events, each party hereby knowingly, voluntary and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitration does not apply to any claim, that claim will be tried before a judge sitting without a jury.
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.
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.
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.
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 subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
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.
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.
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.
If you have any questions about these Terms or Ownplay’s Services in general, please contact us at: [email protected]. 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.