These terms of use (“Terms”) are an agreement between Michael Velkes Consulting Ltd. (referred to as “Michael Velkes Consulting Ltd.”, “we”, “us” or “our”) and you (referred to as “you” or “your”) and sets forth the terms and conditions relating to your use of our mobile application and services (collectively, “Application” or “Services”).

It is important that you read these Terms before accessing or using the Application and/or Services so that you are aware of the terms of use relating thereto. In addition to these Terms, we encourage you to carefully review our Privacy Policy developers@michaelvelkesconsultingltd, which govern how we use your data and information.

Acceptance of these Terms

As a precondition for downloading the Application and/or using the Services, you must agree to these Terms. If you accept these Terms, you represent that you are age 18 or older.

By downloading the Application and/or by using or otherwise accessing the Services, you agree to these Terms. If you do not agree to these Terms, you may not download the Application and/or use or otherwise access the Services.

Right of Withdrawal

If you are a user based in the European Union or a member country of the European Economic Area (“EEA”), the following applies to you.

You may have the right to withdraw from these Terms, without the need to assign a reason, within 14 days from the day you first consented to them in the manner set forth immediately above. You may also have the right to withdraw from the purchase of a license to an in-app purchase, without the need to assign a reason, within 14 days from purchase. However, you are not entitled to withdraw from a purchase if you have consented to the in-app purchase or service being fully provided to you during the withdrawal period and acknowledge that you thereby forfeit your right of withdrawal.

To withdraw from these Terms, you must inform us of your decision to withdraw and discontinue your use of the Application and Services. To withdraw from the purchase of an in-app purchase and/or a Service, you must inform the merchant of record, which may be either Michael Velkes Consulting Ltd or its authorized partner through whom you made the purchase. Please note that we are neither able nor required to fulfill your request to withdraw from a purchase where we are not the merchant of record.

To inform us of your decision to withdraw, you must send an equivocal statement of your decision by email to developers@michaelvelkesconsultingltd. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.

If you withdraw from the purchase of a license to an in-app purchase or a Service, you are entitled to be reimbursed for the purchase without undue delay and in any event not later than 14 days from the day which you informed the merchant of record of your decision to withdraw from the purchase. The reimbursement will be carried out using the same means of payment you used for the initial payment unless you have agreed otherwise. You will not incur any fees as a result of such reimbursement.

Right to Use the Application and Services

Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, non-assignable, non-transferable, limited right and license to use the Application and Services for your personal, non-commercial use.

Except as set forth above, you do not receive any other right and/or license to the Application, the Services and/or to any part of either of the foregoing thereof. We retain all right, title and interest in and to the Application and Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Application and/or the Services, moral rights, in each case whether registered and/or registrable, or not, and all applicationsthereof. Unless expressly authorized by applicable law, the Application and Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without our prior written consent. We reserve all rights not expressly granted to you herein.

Purchases in the Application

We may license to you certain virtual goods or other content (e.g., in-game items or currency) which may be used within the Application and/or Services and which you may purchase with “real-world” money or earn or redeem through gameplay (“in-app purchase”). In-app purchases are licensed to you on a limited, personal, non-transferable, non-sublicensable, non-sub-contractable, revocable basis solely for your own non-commercial use.

Unless expressly authorized in the Application and Services, you may only purchase in-app purchases from Michael Velkes Consulting Ltd or its authorized partner, and the transfer or sale of any in-app purchase is prohibited.

In-app purchases do not have an equivalent value in real-world money and are not a substitute for real-world money. Neither Michael Velkes Consulting Ltd, nor any other person or entity, has any obligation to exchange in-app purchases for anything of value. Michael Velkes Consulting Ltd is not liable for hacking or loss of your in-app purchases.

Price and availability of in-app purchases are subject to change without notice.

All purchases and redemptions of in-app purchases made through the Application are final and non-refundable. You acknowledge and consent that in-app purchases are provided to you immediately upon purchase and that you forfeit any right to cancel or withdraw from the purchase once the process has commenced. Accordingly, you agree that Michael Velkes Consulting Ltd is not required to provide a refund for in-app purchases for any reason. You further acknowledge that you will not receive money or other compensation for unused in-app purchases, regardless of whether your loss of license under these Terms was voluntary or involuntary. The foregoing does not affect your rights under applicable law, including those you may have based on the legal guarantee of conformity described in the section headed “Disclaimer”.

If you ask for your personal data to be deleted, in compliance with our privacy policy, you will permanently forfeit all of your in-app purchases without the right to a refund because we will no longer be able to associate such in-app purchases with you.

Code of Conduct

You agree that you will not, under any circumstances:

Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Application and Services.
Use the Application and Services in violation of any applicable law or regulation.
Use the Application and Services for commercial purposes, including, but not limited to, advertising, solicitation, transmission of any commercial advertisements such as spam emails, chain letters, pyramid, or other get-rich-quick schemes.
Use the Application and Services for fraudulent or abusive purposes, including, but not limited to, impersonating any person or entity, or otherwise misrepresenting your affiliation with a person, entity, or the Application and Services.
Disrupt, interfere with, or otherwise adversely affect the normal flow of the Application and Services or otherwise act in a manner that may negatively affect other users’ experience when using the Application and Services.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Application and Services.
Attempt to gain unauthorized access to the Application and Services, to accounts registered to others, or to the computers, servers, or networks connected to the Application and the Services, by any means other than the user interface provided by Michael Velkes Consulting Ltd, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Application and Services.
Post any information, content, or other material (or post links to any information or content) that contains nudity, excessive violence, or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including Michael Velkes Consulting Ltd employees, directors, officers, and customer service representatives.
Make available through the Application and Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, an Michael Velkes Consulting Ltd employee, director, or officer.
Unless specifically authorized by applicable law, attempt to decompile, reverse engineer, disassemble, or hack the Application and Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed, or stored by Michael Velkes Consulting Ltd, or to obtain any information from the Application and Services using any method not expressly permitted by these Terms.
Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Application and Services.
Harvest, scrape, or collect any information about or regarding other users that use the Application and Services, including, but not limited to, through the use of pixel tags, cookies, GIFs, or similar items that are sometimes also referred to as spyware.
Post a person’s private information, including personally identifiable information, without their consent.

Prohibited Uses

In addition to other terms as set forth in these Terms, you are prohibited from using our Application and Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application and/or Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Application and/or Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Application and/or Service or any related mobile application for violating any of the prohibited uses.

Availability, Compatibility, and Changes to the Application and/or Services

We do not guarantee that the Application and Services will be available at all times or will continue to be available in the future. The Application and Services may be temporarily unavailable due to technical issues or maintenance-related reasons, which may occur on a scheduled orunscheduled basis. Furthermore, the Application and Services or parts thereof may be designed to be available only for a limited time or their life cycle may be affected by technological developments or changes in consumer behavior. Accordingly, Michael Velkes Consulting Ltd reserves the right to stop offering and/or supporting the Application and Services or parts thereof at any time, at which point your license to use the Application and Services or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Michael Velkes Consulting Ltd does not have to provide refunds for the Application and Services or any in-app purchase. Where appropriate, Michael Velkes Consulting Ltd will take reasonable measures to provide advance notice when any Application and Services or parts thereof are discontinued. However, we may limit, suspend, or terminate the Application and Services or parts thereof without notice and take technical and legal steps to prevent you from accessing the Application and Services if we believe you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these Terms.

The Application and/or Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Application and Services are compatible with your device and its operating system.

The Application and Services are intended to evolve over time. Accordingly, we may change, manage, modify, or update the Application and Services or parts thereof from time to time. This may result in content or features being added, removed, or modified. Michael Velkes Consulting Ltd may, at its sole discretion, make such changes as it believes to be necessary to maintain and improve the Application and Services, including, but not limited to, introducing, modifying, or removing game content and features, adapting to new technologies, reflecting changes to Michael Velkes Consulting Ltd agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the Application and Services, you may be required to download and install an update to continue using them. If you do not, you may be unable to access or use the Application and Services or parts thereof.

Disclaimer of Warranty

YOU AGREE THAT YOUR USE OF THE APPLICATION OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE APPLICATION AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE APPLICATION AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION AND/OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION AND/OR SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION AND/OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APPLICATION AND/OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Michael Velkes Consulting Ltd, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BELIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE, OR OTHERWISE, EVEN IF Michael Velkes Consulting Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF Michael Velkes Consulting Ltd AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, RELATING TO THE APPLICATION AND SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO Michael Velkes Consulting Ltd DURING THE THREE-MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

Indemnification

You agree to indemnify and hold Michael Velkes Consulting Ltd and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Application or Services, or any willful misconduct on your part.

Copyright and DMCA

If you believe the Application and Services or any of its content infringes your copyrights, please send a notice to: Michael Velkes Consulting Ltd, Legal Department, 123 Main Street, Anytown, USA, or alternatively via email to: contact@michaelvelkesconsultingltd

Please include all of the following in your DMCA notice:

Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.
Identify the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Provide your contact information, including your full name, mailing address, telephone number, and email address.
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the notice.
Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Severability

All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

For United States residents, these Terms contain a binding arbitration clause and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes set forth hereunder, you agree that disputes arising between you and Michael Velkes Consulting Ltd. will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

If you are a United States resident or otherwise make any claim against Michael Velkes Consulting Ltd. in the United States, you expressly agree that any legal claim, dispute or other controversy between you and Michael Velkes Consulting Ltd. arising out of or otherwise relating in any way to the Application and Services, including controversies relating to the applicability, enforceability or validity of any provision of these Terms or Michael Velkes Consulting Ltd. Privacy Policy (collectively “Disputes”), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association (“AAA”), rather than in a court, as described herein. The arbitration will be governed by the AAA’s commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively “Rules and Procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Michael Velkes Consulting Ltd. will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Michael Velkes Consulting Ltd. also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration may be conducted in New York, NY, or upon your request, in the city closest to your location where AAA maintains an office. The arbitrator’s award shall be final and binding on you and Michael Velkes Consulting Ltd. and may be entered as a judgment in any court of competent jurisdiction.

As an exception to the binding arbitration rule, to the extent the dispute arises from: (a) A violation of Michael Velkes Consulting Ltd. intellectual property rights in any manner; (b) Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of Conduct” of these Terms; and (c) Any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

To the extent permissible under applicable law, all disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other disputes shall be consolidated or joined with your dispute, whether through class arbitration proceedings or otherwise.

You and Michael Velkes Consulting Ltd. agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.

You may opt out of this obligation to arbitrate. If you do so, neither you nor Michael Velkes Consulting Ltd. can require the other to participate in an arbitration proceeding. To opt out, you must notify Michael Velkes Consulting Ltd. in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: Michael Velkes Consulting Ltd. ATTN: Legal Department, 8 Uri Lesser St. Tel Aviv, 6495408, Israel, 3467937, Israel. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.

To begin an arbitration proceeding, you must send a letter to: Michael Velkes Consulting Ltd. ATTN: Legal Department, 8 Uri Lesser St. Tel Aviv, 6495408, Israel, 3467937, Israel, Israel, requesting arbitration and describing your claim.

Michael Velkes Consulting Ltd. will provide 30-days’ notice of any changes to this section “Binding Arbitration / Class Waiver” through the Application and/or Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

If you are not a United Stats resident, then the formation, interpretation, and performance of these Terms and any dispute arising out of it shall be governed by the substantive and procedural laws of Israel without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tel Aviv, Israel, and you hereby submit to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of the rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify these Terms or its policies relating to the Application or Services at any time, effective upon posting of an updated version of these Terms in the Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Application after such changes shall constitute your consent to such changes.

Entire Agreement

These Terms set out the entire agreement between you and Michael Velkes Consulting Ltd. regarding the Application and Services and supersede all earlier agreements and understandings between you and Michael Velkes Consulting Ltd. .

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

Any failure by Michael Velkes Consulting Ltd. to exercise or enforce any of its rights under these Terms does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of Michael Velkes Consulting Ltd. 

Additional Terms for Apple Users

In addition to the terms set forth above, the following terms apply if you are accessing the Application and/or Services using devices by Apple Inc. (“Apple”).

You acknowledge and agree that these Terms are concluded between you and Michael Velkes Consulting Ltd. , not with Apple, and that MV Michael Velkes Consulting Ltd. , not Apple, is responsible for the Application and/or Services and related content therein. The license granted to you under these Terms is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third-party terms of agreement therein. You must comply with any third-party terms and conditions that apply to your use of the Application and/or Services.

Michael Velkes Consulting Ltd. , not Apple, is responsible to you for: (a) providing any relevant maintenance or support for the Application and/or Services in accordance with these Terms; and (b) addressing any claims you may have regarding the Application and/or Services, including product liability claims, any claim that the Application and/or Services fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar laws. If the Application and/or Services fail to conform to the warranties or other conditions set forth in these Terms or applicable law, you may notify Apple, after which Apple may refund the purchase price (if any) for the Application and/or relevant Services. To the maximum extent permitted by applicable law, Apple has no other obligation with respect to the Application and/or Services.

In the event of any third-party claim that the Application and/or Services or your possession and use of the Application and/or Services infringes a third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement, or discharge of any such intellectual property infringement claim.

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries to these Terms. Upon your acceptance of these Terms, you agree that Apple has the right to enforce these Terms against you as a third-party beneficiary.

Contacting us

If you would like to contact us to understand more about these Terms, or wish to contact us concerning any matter relating to it, you may send an email to:developers@mvsearch.net