Maccabi Tel Aviv Football Club’s Terms and Conditions of Use – VR Application

 

Terms and Conditions of Use – VR Application

  1. General
    1. These Terms and Conditions of Use (“Terms”) govern your use the virtual reality (VR) and other content (the “Content”) that Maccabi Tel-Aviv Football Club Limited Partnership (“Maccabi” or “we” or “us” or “our”) makes available through MaccabiVerse application (the “Application”). Your access to and the use of the Content is conditional upon your acceptance of, and compliance with the Terms and Maccabi’s Privacy Policy which is available at Privacy Policy.
    2. By downloading the Application and accessing or using the Application, you agree to be bound by the Terms including any revision of them. If you do not wish to be bound by these Terms, you should (i) not download the Application or delete the Application from your device; and/or (ii) not access or use the Application.
    3. You are not authorized to download, install, access or use the Application on any device unless you are at least 12 years old.
  2. Restrictions on Use

    Except as otherwise specifically permitted in these Terms, you may not, and may not permit any third parties as follows:

    1. Modify or create derivative works of the Content, including without limitation, by performing any translation or localization;
    2. Use the Application to violate any applicable local, state, national or international law, or to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
    3. Reverse engineer, decompile, disassemble, translate or otherwise attempt to derive the source code for the Content or the Application;
    4. Reproduce, duplicate, copy or store any of the material appearing on the Application other than for your personal and non-commercial use;
    5. Make the Application or Content available to multiple users through any means, including but not limited to by uploading the Content to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (Saas), or any other type of services;
    6. Do anything that leads, or may lead, to a decrease in the value of Maccabi’s intellectual property rights in the Application;
    7. Release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Maccabi without Maccabi’s prior written consent;
    8. Submit any Content or making any use of the Application that is illegal, offensive, discriminatory, harassing or threatening, abusive, defamatory or vilifying in any way or manner (including racially or sexually), obscene, pornographic or that includes indecent material of any kind and you will not behave in a way in using the Application that could reasonably be perceived as predatory or soliciting of identifying information about or from person under the age of 18 years;
    9. Post, submit or send any material to the Application containing viruses, harmful codes or bugs and you further agree that you will not bypass or attempt to bypass the Application’s security measures, or obtain or attempt to obtain email addresses, photographs or personal information of any third party;
    10. You undertake not to bring the reputation of Maccabi, any employees of Maccabi or the Application’s users into disrepute.
  3. Suspension / Termination

    We reserve the right immediately to suspend, restrict or cancel your use of the Application in case:

    1. It is reasonably necessary for technical or operational or security reasons;
    2. If we believe that you have breached any of these Terms;
    3. If we reasonably consider that you have committed or may be committing any fraudulent activity against us or against any other person or organization through your or their use of the Application;
    4. Receipt of a request from a law enforcement or other authorized government entity that Maccabi terminates your use of the Application;
    5. A request by you to terminate your use in the Application and to close your account in the Application;
    6. If you or anyone you authorize to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate and sufficiently serious to justify restricting or ending your use of the Application.
  4. Intellectual Property
    1. You acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in all material or content supplied as part of the Application are owned or licensed by Maccabi and protected by copyright law.
    2. You acknowledge that you have been granted a limited, personal, non-exclusive, non-transferable and revocable license to use the Content of the Application for your personal and non-commercial use and for no other purposes. Nothing on the Application, within the Content, or in these Terms grants expressly or implicitly, by estoppel or otherwise, any right or license to use the Application or the Content for any purposes without the prior written consent of Maccabi.
    3. As a user of the Application, you acknowledge that if you post materials through the Application, you grant us and assign an irrevocable, perpetual, royalty-free, worldwide license to use the materials as part of the Application and in any other manner. The license extends to copying, distributing, broadcasting, and otherwise transmitting and adapting and editing the materials.
    4. The appearance of this Application (including all button icons, scripts, custom graphics and headers) are the trademarks and/or service marks of Maccabi. These trademarks and/or service marks may not be used, copied or imitated, in whole or in part, without the prior written consent of Maccabi.
  5. Third Party Services
    1. Any third-party login services supported within the Application or other applications or services accessible through the Application are not owned or controlled by us. We are not responsible for or liable for any loss, damage or harm you suffer as a result of what you experience when using third-party applications and/or services, the content you access through them and any failure of them to function properly. We recommend that you carefully read the terms and conditions and privacy notice made available by the provider of any third-party application and/ow service before using it.
    2. Any dealing between you and any third-party advertisers or merchants found on or through the Application, including payment for the delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
  6. Warranty; Limitation of Liability
    1. While every effort is made to ensure that the Content of the Application is accurate, the Application is provided “As-Is”. To the full extent permitted by law, Maccabi makes no warranties or representations as to the accuracy, timeliness or completeness of the information contained on the Application. Nothing in the Application shall be taken as rendering professional advice of any kind.
    2. Maccabi does not warrant that the services that make the Application available will be error, bug or virus free, provided that Maccabi will exercise a reasonable level of care to prevent such occurrences. It is your responsibility to make adequate provision against such threats.
    3. To the maximum extent permitted by law, Maccabi and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising out of or in connection with your use of and/or reliance on these Terms or the use of the Application, or any linked websites.
  7. Indemnity

    You agree to indemnify Maccabi, its employees, its officers, its agents and its subcontractors against any third-party claims and any and all losses, expenses or damages and costs (including reasonable legal fees) suffered or incurred by us arising out of your breach of any of these Terms in your use of the Application.

  8. Health and Safety Notice
    1. The use of the Virtual Reality, Augmented Reality and other technologies may cause reactions in some people such as dizziness, headaches, nausea, or may result in physical injury/damage to yourself, to property or to third parties. You should immediately stop using the Application if you are experience any of these symptoms.
    2. You must ensure that you only use the Application in locations that are suitable for the safe use, including (but not limited to) locations that provide sufficient free space to allow you to operate the Application without coming into contact with any surrounding objects or other persons and where you are not at any risk of being impacted or otherwise injured by any objects or other persons coming into contact with you where you are unable to see and avoid that contact due to being engaged within a virtual reality environment. You should immediately stop using the Application if you are experience any of these risks.
    3. By electing to use the Application, you acknowledge that these risks cannot be fully eliminated and you accept and assume all of the risks associated with using the Application.
  9. Amendments to these Terms

    We are noy obligated to maintain or support the Content or the Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may, from time to time, in our sole discretion, issue updates or upgrades to the Content or the Application. You agree that these Terms will apply to all such updates or upgrades.

  10. Force Majeure

    To the maximum extent permitted by law, and without limiting any other provision of these Terms, Maccabi excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of Maccabi. Maccabi shall be entitled to a reasonable extension of time for the performance of such obligations.

  11. Assignment
    1. We can transfer our rights and obligations under these Terms to any company, firm or person. We can only this if it does not affect your rights under these Terms in a negative way.
    2. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else and no third-party is entitled to benefit under these Terms.
  12. Severance

    You agree that if any of these Terms are found to be unenforceable under any applicable law, the unenforceability of that term shall not have any bearing or impact on the enforceability of any of the other Terms and where applicable, the unenforceable term or terms shall be automatically amended by operation of this clause, to the minimum extent required, so as to make it or them enforceable.

  13. Governing law and Jurisdiction

    These Terms will be governed in all respects by the laws of Israel. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Tel Aviv district, Israel.

  14. Contact us

    If you have any question or suggestions about the Terms, do not hesitate to contact us at Vr@mtafc.com.