Last Updated: February 6th, 2020
Acceptance of the Terms of Use
PRIOR TO USING THIS MATADOR LAUNCHER AND WEBSITE, PLEASE READ CAREFULLY THESE TERMS OF USE IN ITS ENTIRETY. BY USING THIS MATADOR LAUNCHER APPLICATION SERVICE (THE “SERVICE”), YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT USE THIS WEBSITE.
These terms of use
are entered into by and between You and Us(“Company”, “we” or “us”). The
following terms and conditions, together with our privacy policy available at:
matadorlauncher.com and any documents they expressly incorporate by reference
(collectively, these “Terms of Use”), govern your access to and use Matador
Launcher and this website, including any content, functionality, and services
offered on or through our Website and Matador Launcher.
Changes to the Terms
of Use
We may update and revise these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Matador Launcher thereafter. The last revision will be reflected in the "Last Updated" heading.
Your continued use of the Website or Matador Launcher following the posting of revised Terms of Use, means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Matador Launcher
We reserve the right to withdraw, change or amend this Website or Matador Launcher, and any service, product or material we provide on the Website and Matador Launcher, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Matador Launcher is unavailable at any time or for any period. From time to time, we may change or restrict access to some parts of the Website or Matador Launcher. Any of the material on the Website and Matador Launcher may be out of date at any given time, and we are under no obligation to update such material.
Updates and Upgrades.
You may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop Matador Launcher and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit us to deliver these to you as part of your use of Matador Launcher.
Intellectual Property Rights
The Website, Matador
Launcher and its entire contents, features, and functionality (including but not
limited to all information, software, text, displays, images, video, and audio,
and the design, selection, and arrangement thereof), are owned by the Company,
its licensors, or other providers of such material and are protected by
copyright, trademark, patent, trade secret, and other intellectual property or
proprietary rights laws.
These Terms of Use permit you to use the Website
or Matador Launcher for your personal, non-commercial use only. You shall not
reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of the material on
our Website/Matador Launcher, use the Website/Matador Launcher (including
but not limited to any content and Marks) in any manner that is inconsistent
with this Agreement or any applicable laws, rules or regulations, Interfere
with, damage, disable, disrupt, impair, create an undue burden on, or gain
unauthorized access to the Website /Matador Launcher or any Company or third
party servers, networks or accounts, Circumvent or modify any technology or
mechanism used in connection with the Website and the Matador Launcher, including
any mechanisms used to restrict access.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Matador Launcher in breach of the Terms of Use, your right to use the Website and Matador Launcher will stop immediately and you shall, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website/Matador Launcher or any content on the Website/Matador Launcher is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website/Matador Launcher not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and any other applicable laws.
Trademarks
The Company name, the terms Matador Launcher, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website/Matador Launcher are the trademarks of their respective owners.
Information About You and Your Visits to the Website and Matador Launcher
All information we collect on this Website and Matador Launcher is subject to our Privacy Policy. By using the Website and Matador Launcher, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Disclaimer of Warranties
We strive to provide
you with a complete functioning product and service, however, You
understand that we cannot and do not guarantee or warrant that files available
for downloading from the internet or the Website and Matador Launcher will be free
of viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 DUE TO YOUR USE OF THE
WEBSITE AND MATADOR LAUNCHER OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
AND MATADOR LAUNCHER OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY
WEBSITE AND MATADOR LAUNCHER LINKED TO IT.
YOUR USE OF THE WEBSITE AND MATADOR
LAUNCHER, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
AND MATADOR LAUNCHER IS AT YOUR OWN RISK. THE WEBSITE AND MATADOR LAUNCHER, ITS
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND MATADOR
LAUNCHER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY
PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE WEBSITE AND MATADOR LAUNCHER. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR
WARRANTS THAT THE WEBSITE AND MATADOR LAUNCHER, ITS CONTENT, OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE AND MATADOR LAUNCHER WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT THE WEBSITE AND MATADOR LAUNCHER OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE AND MATADOR LAUNCHER WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES
NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
Limitation on Liability
TO THE FULLEST
EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND MATADOR LAUNCHER,
ANY WEBSITE AND MATADOR LAUNCHERS LINKED TO IT, ANY CONTENT ON THE WEBSITE AND MATADOR
LAUNCHER OR SUCH OTHER WEBSITE AND MATADOR LAUNCHERS, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT
NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE,
LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE
FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and Matador Launcher, including, but not limited to, any use of the Website and Matador Launcher’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website and Matador Launcher.
Governing Law and Jurisdiction
All matters relating
to the Website and Matador Launcher and these Terms of Use and any dispute or claim
arising therefrom or related thereto (in each case, including non-contractual
disputes or claims), shall be governed by and construed in accordance with the
internal laws of the State of Israel without giving effect to any choice or
conflict of law provision or rule.
Any legal suit, action, or proceeding
arising out of, or related to, these Terms of Use or the Website and Matador
Launcher shall be instituted exclusively in the courts of Tel Aviv although we
retain the right to bring any suit, action, or proceeding against you for breach
of these Terms of Use in your country of residence or any other relevant
country. You waive any and all objections to the exercise of jurisdiction over
you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website and Matador Launcher, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of the Israel Arbitration Law, 5728-1968.
Class Action Waiver
You waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE AND MATADOR LAUNCHER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the
Company of any term or condition set out in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of the Company to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or
provision.
If any provision of these Terms of Use is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal or unenforceable
for any reason, such provision shall be eliminated or limited to the minimum
extent such that the remaining provisions of the Terms of Use will continue in
full force and effect.
Entire Agreement
The Terms of Use and
our Privacy Policy constitute the sole and entire agreement between you and Us
regarding the Website and Matador Launcher and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties,
both written and oral, regarding the Website and Matador Launcher. You and the
Company are independent entities, and nothing in this Agreement, or through the
use of the Website, will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between you and the
Company. Any provisions of this Agreement which by their nature are intended to
survive termination shall do so (including, without limitation, those relating
to intellectual property, disclaimer of warranties, limitation of liability,
governing law, dispute resolution, indemnification, and general
matters).
How to Contact the Company
If you have any questions about the Website or this Agreement, please email us at [email protected].
or contact us at:
APP N PLAY MOBI LTD
+972 53-501-4289
Or by mail at:
Igal Alon 114 St. Tel-Aviv, Israel