End user license agreement
“Application” means Inthegame application developed and owned by Synced Apps Technologies LTD. The application is available for downloading from Inthegame.io website or installation as Twitch application extension from https://www.twitch.tv website (for more information please review https://www.twitch.tv/p/legal /).
“ITG” or “We” means Synced Apps Technologies LTD, the company that owns all the rights of the Application.
“Interaction” means the performance of services embedded in the Application.
“User” means a person, who interacts with installed Application.
“User Account”means the account created by User for interacting with Application“User Content”means any information generated due to or made available through Users Interaction with the Application.
“Website”means integame.io website operated and owned by Synced Apps Technologies LTD
“You” or “Licensee”means a person to whom the ITG grant a certain the rights to download, install and use the Application according to this EULA
Access to the application
The access to the Application provided by downloading from:
the twitch.tv website as an extension for Twitch application. For this purpose, You should create a respective account on Twitch.tv website, download Twitch software (https://app.twitch.tv/download) and install the Application.
Grant of license
While You accept and comply with the terms of this EULA, ITG will grant, and You will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Application as follows. You may install the Application on one or more computers, belonging to you, under your legitimate control. You may use the Application for your commercial, non-commercial and personal entertainment purposes, in particular, during the broadcastings or live streaming of video content that belongs to you or that you are entitled to use. You may demonstrate the Application to Users and allow them to Interact with it during the broadcastings or live streaming of video content.
For the avoidance of doubts, You do not receive any rights on the Application source code.
Acceptable use of the application
While using the Application the Licensee and User shall:
comply with this EULA;
immediately inform ITG on any illegal or unauthorized activity or a security breach (including any loss, theft, or unauthorized disclosure of Website account username, password or access to Application);
keep indemnified the ITG for all claims and liabilities arising out of any use of the Application, including any costs and expenses incurred;
The Licensee and User shall not:
permit any third party to access or use a username or password for the Website or Application;
decompile, interfere with, hack, reverse engineer, disassemble, modify, copy, or disrupt the functionality, integrity, features, or performance of the Application;
purchase, download, install or use the Application with intent and/or in order to create a comparable or similar application or copy any features, graphics, ideas, or functions of the Application;
create accounts for the access to the Application by any means other than specified herein (scraping, creating accounts in bulk, etc);transfer the rights granted under this EULA;
reproduce, copy, reverse engineer, translate, derive source code from, disassemble, decompile, modify or create derivative works based on or related to the Application;
sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Application or component thereof, or your rights to the Application to any other party in any way not expressly authorized herein.
This section is applicable only for Users, who directly Interact with installed Application.
The User is eligible to use this Application only if the one is at least 13 years or older and is not outlawed from using the Application under applicable law. Keep in mind that We cannot control what kind of content shall be broadcasted by the Licensee, but most of the video games for which our Application is developed already required to be at least this age to play them
The User who wants to use certain features of our Application will have to create a User Account. The one can do this via the Site or through another account with certain third-party services such as Facebook, Twitter, Twitch, or Steam. If you choose third-party services to account creation option, We will create User Account by extracting from the third party account. The User chose certain personal information such as the one’s name and email address and other personal information that privacy settings on that account permit Us to access.
The provided information should be accurate, complete and up-to-date. The User is responsible for all activities that occur under the one’s User Account, whether or not the one know about them.
ITG reserve the right to suspend or terminate User Account for breach or non-compliance with this EULA
User acknowledges that copyright, trademark, and other laws of the State of Israel and foreign countries protect the Application. The User agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application.
The User agrees not to do any of the following:
send any unauthorized or unsolicited promotional materials, advertising, junk mail, email, spam, chain letters or another form of solicitation;
post, upload, publish, submit or transmit any User Content that: (a) violates, infringes or misappropriates a third party’s copyright, patent, trademark, trade secret, moral rights or intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is pornographic, defamatory, obscene, vulgar or offensive; (e) promotes discrimination, racism, bigotry, harassment, hatred, or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;
impersonate or misrepresent User’s affiliation with any person or entity;
collect or store any personally identifiable information from the Application from other Users of the Application without their express permission;
violate any applicable law or regulation;
or encourage or enable any other individual to do any of the foregoing.
The Application allows using services, such as chat, bulletin boards, and to participate in other activities in which You or Users may post, create, perform, transmit, or store content, text, images, messages, or other data or materials. For this purpose the User grant ITG and its sublicenses, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an irrevocable worldwide unrestricted fully sub-licensable nonexclusive and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User content in any form, format, media.
ITG reserves the right to monitor the use and access to the application for the purpose of operating the Application, to ensure compliance with these EULA, and to comply with applicable law or other legal requirements.
We may suspend or revoke your license to use the Application, or parts, components and/or single features thereof if you violate this EULA.
The Application is provided “as is” and “as available” without any fit for a particular purpose, without warranty of any type, implied or express, including without limitation any implied warranties of condition, error-free or uninterrupted, merchantability, no infringement, time, and those arising from course of dealing or usage of trade. You are solely responsible for the use of the Application and bear all the risks arising from such use. Some jurisdictions do not allow the exclusion or limitation of implied warranties so the above limitations may not apply to you
The Licensor, its parent, subsidiaries, representatives, and affiliates shall not be liable for any loss or damage arising out of Your use of, or inability to access or use, the Application. The Licensor liability shall never exceed $100 or the total fees paid by you within the last 6 months, whichever is lower. Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, ITG’s liability shall be limited to the fullest extent permitted by lawYou are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, a physical state of the Application.You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Application or the material on or accessible through the Application.
Severability. If any provision of this EULA is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these EULA to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These rights and licenses granted hereunder by Licensee, may not be transferred or assigned by You, and any such transfer or assignment shall be void. ITG may transfer some or all of its rights and obligations under these EULA to another organization in the event that ITG assets acquired by or merged with a third-party entity or in connection with a merger, acquisition, sale, or other change of control event.
Governing Law. This EULA is governed by and will be construed under, the laws of the State of Israel, without regard to choice of law principles. You irrevocably agree that the courts of the State of Israel shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the Israel courts. The place of performance shall be Israel. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. The licensee who uses the Application from outside of the State of Israel, are responsible for compliance with all applicable local laws.